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HomeMy WebLinkAboutAgenda Packet City Council - 10/11/2016 Cornus Christi 1201 Leopard Street - r Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final-revised City Council Tuesday,October 11,2016 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 Rick Barrera, Cornerstone Church. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1202 Proclamation declaring October 19, 2016, "HELP Hits the High Notes Day". Proclamation declaring October 10-14, 2016, "Court Observance Week". Swearing-In Ceremony for newly appointed Board, Commission and Committee members. Corpus Christi Page 1 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 2. 16-1203 Regular Meeting of September 27, 2016 Attachments: Minutes -September 27, 2016 I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 3 - 8) Corpus Christi Page 2 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 16-1111 Resolution for an Advance Funding Agreement for a Hike and Bike Trail in Dr. Hector P. Garcia Park (Requires 2/3 vote) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for a Hike and Bike Trail located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road with the City's local participation in the amount of$4,620 for reimbursement of direct state costs associated with the project. Attachments: Agenda Memo- Dr. Hector P. Garcia Park Hike and Bike Trail Project Budget- Dr. Hector P. Garcia Park Hike and Bike Trail Resolution -Dr. Hector P. Garcia Park Hike and Bike Trail.docx Location Map Dr. Hector P. Garcia Park Hike and Bike Trail.pdf Presentation Dr. Hector P. Garcia Park Hike and Bike Trail Advance Funding Agreement- Dr. Hector P. Garcia Park Hike and Bike Trail.pd 4. 16-1112 Resolution for an Advance Funding Agreement for the next section of the Schanen Hike and Bike Trail (Requires 2/3 vote) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive with the City's local participation in the amount of$8,904 for reimbursement of direct state costs associated with the project. Attachments: Agenda Memo-Schanen Hike and Bike Trail.docx Project Budget-Schanen Hike and Bike Trail.xlsx Resolution -Schanen Hike and Bike Trail.docx Location Map Schanen Hike and Bike Trail.pdf Presentation Schanen Hike and Bike Trail Advance Funding Agreement-Schanen Hike and Bike Trail.pdf 5. 16-0910 Service Agreement for Street Sweeping Services (Requires 2/3 vote) Motion approving a service agreement with Coastal Maintenance Concepts, LLC, of Corpus Christi, TX for Street Sweeping Services in accordance with RFB No. 128, based on the lowest, responsive Corpus Christi Page 3 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 responsible bid. The annual agreement will be for $466,297.50. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the contractor and the City Manager, or designee. Funding will be budgeted in FY 16-17. Attachments: Agenda Memo-Street Sweeping RFB 128 Bid Tabulation Street Sweeping RFB 128 Service Agreement Street Sweeping RFB 128 updated 9.6.16 Form 1295 Street Sweeping RFB 128 6. 16-1043 Second Reading Ordinance - Street Closure of Flynn Parkway, located at the southwest corner of Flynn Parkway and Holly Road. (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to abandon and vacate an undeveloped and unsurfaced 0.173 portion of a 39-foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions. Attachments: Agenda Memo- Flynn Pkwv Ordinance - Flynn Pkwv Aerial Maps- Flynn Pkwv 7. 16-1125 Second Reading Ordinance -Accepting and appropriating a grant for Animal Care Operations (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Duffield Family Foundation, dba Maddie's Fund, in the amount of$1,000 to support Animal Care operations; and appropriating the $1,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- Maddies Fund 09.27.2016 Ordinance -Animal Grant-2016 Maddie's Fund -Award Letter 8. 16-1100 Second Reading Ordinance -Appropriating funds to reimburse developer for the construction of distribution water main line located on the southeast corner of Old Brownsville Road and South Padre Island Drive (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing City Manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the construction of a water distribution main line and appropriating Corpus Christi Page 4 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11,2016 $19,159.00 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo- Peterson Properties, LP-Westpoint Crossing Blk 1 Lots 1 and 2 Ordinance with Water Distribution Main Reimb Agmt-Peterson Properties, LP-y1 Aerial Maps-Westpoint Crossing Blk 1, Lots 1 and 2 L. EXECUTIVE SESSION: (ITEMS 9 - 13) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 9. 16-1209 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 Article I I of the Charter of the City of Corpus Christi. 10. 16-1123 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 possible development agreements or other funding mechanisms related to the construction of Park Road 22. 11. 16-1185 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, expansion, and/or ownership of industrial facilities that will be consumers of water and wastewater services and 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 economic development issues concerning said business prospect(s). 12. 16-1210 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 Corpus Christi Page 5 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 detrimental effect on the position of the governmental body in negotiations with a third person, related to the TxDOT Harbor Bridge Project. 13. 16-1211 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 economic development agreements, industrial district agreements, entities that are signatories to the City's industrial district agreements, annexation, and disannexation, and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to some or all of the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect. M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. 16-1173 Public Hearing and First Reading Ordinance - Rezoning property located at 600 Elizabeth Street (Requires 2/3 vote) Case No. 0816-02 Christus Spohn Health System Corporation: A change of zoning from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District. The property is described as being a 22.46-acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. Planning Commission and Staff Recommendation (August 24, 2016): Denial of the change of zoning from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, and, in lieu thereof, approval of the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10-foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15-foot setback on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street and Ayers Street, and a zero-foot setback on Third Street on Tract 2. Corpus Christi Page 6 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Christus Spohn Health System Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 22.46-acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10-foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15-foot setback on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street and Ayers Street, and a zero-foot setback on Third Street on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0816-02 Christus Spohn Health System SP Ordinance CI Ordinance Aerial Maps-Christus Spohn Health System Zoning Report-0816-02 Christus Spohn Heath System Revised 15. 16-1160 Public Hearing and First Reading Ordinance -Street Closure of Harney Road, located between Violet Road and Callicoate Road, just north of IH 37 (Requires 2/3 vote) Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60-foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions; and providing an effective date. Attachments: Agenda Memo- Harney Road Street Closure Ordinance and Exhibits Aerial maps- Harney Road Street Closure N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 16 -21) Corpus Christi Page 7 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 16. 16-1129 First Reading ordinance -Accepting and appropriating State grant amendment for tuberculosis prevention and control services (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant in the amount of$61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Attachments: Agenda Memo-TB State Grant 9-1-2016 to 9-1-2017 (Rev. 9-22-2016) Odinance -Amending TB PC STATE FY16 grant Grant Contract- DCPS FY17 TB-State Grant Contract No. 2016-001398-01 (Arr COF-TB State Grant 9-1-2016 to 9-1-2017 (Rev. 9-22-2016) 17. 16-1155 First Reading Ordinance -Accepting and appropriating State grant amendment for immunization program within the Health Department (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Immunization Branch-Locals (IMM/LOCALS) grant in the amount of $241,637.00, increasing the total amount to $966,548.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the amended contract period September 1, 2013, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Attachments: Agenda Memo- Immunizations Grant 9-1-2016 to 9-1-2017(d.)9-15-2016 Ordinance - (IMM Grant)9-1-2016 to 9-1-2017 Contract -IMM Grant 2016-000014-01 (Amend. No. 04)9-1-2016 to 9-1-2017 18. 16-1159 First Reading Ordinance -Appropriating Federal grant funds and executing construction contract for Corpus Christi International Airport (CCIA) Airport Operations Area Perimeter Fence Replacement(Requires 2/3 vote) Ordinance appropriating $6,637,856 from the Federal Aviation Administration Grant No. 3-48-0051-054-2016 in the No. 3020 Airport Corpus Christi Page 8 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 Capital Improvement Fund for the CCIA Airport Operations Area Perimeter Fencing Project; amending the FY 2016-17 Capital Budget adopted by Ordinance No. 030936 by increasing revenues and expenditures $6,637,856; and authorizing the City Manager, or designee, to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of$6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the Base Bid plus Additive Alternates one through four. Attachments: Agenda Memo -CCIA Runway Airport Operations Perimeter Fence Replaceme Ordinance -CCIA Air Operations Area Perimeter Fence Replacement.docx Prosect Budget -CCIA Airport Perimeter Fencing.xls Location Map-CCIA Airport Operations Area Perimeter Fencing.pdf Presentation -CCIA Airport Operations Perimeter Fencing.pptx Form 1295-BEECROFT- E15221 Airport Operations Perimeter Fence ReplacE FAA Grant Offer 9.14.2016.pdf 19. 16-1175 First Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of arterial grid main water main line located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road (Requires 2/3 vote) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $44,147.00 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo-ORD JCL Properties-Lewis&Cook, Block 1, Lot 1 vFinal Ordinance -ORD JCL Properties-Lewis&Cook, Block 1, Lot 1 vFinal Aerial Maps-ORD JCL Properties-Lewis&Cook, Block 1, Lot 1 vFinal 20. 16-1206 First Reading Ordinance -Amending the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide for Oso South Area Projects (Requires 2/3 vote) Ordinance amending the Fiscal Year 2017 Capital Budget and Capital Improvement Planning Guide Adopted by Ordinance No. 030936 to add Project No. E16330 Oso South Area Water Line and Project E16330 Oso South Area Wastewater Line; increasing revenues and expenditure in the amount of$8,000,000 for Year 1 and $6,000,000 for Year Two; transferring any remaining funds to be used for comparable utility line projects. Corpus Christi Page 9 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 Attachments: Agenda Memo-CIP Attachment 1 -Oso South Water Line Attachment 2-Oso South Area Wastewater Line Ordinance -CIP 21. 16-1096 First Reading Ordinance - Type A Grant for Sitel, Inc. Located at 330 Opportunity Drive (Requires 2/3 vote) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Site] Inc ("Sitel") to provide a grant of up to $500,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Sitel Business Incentive Agreement for the creation of jobs; and appropriating $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Sitel; and changing the FY 2016-2017 operating budget, adopted by Ordinance No. 030965, by increasing proposed expenditures by $500,000. Attachments: Agenda Memo-Sitel Ordinance -Sitel Agreement-Sitel Business Service Agreement-Sitel P. FUTURE AGENDA ITEMS: (ITEMS 22 - 27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 16-1114 Master Services Agreement for Subsurface Utility Engineering services (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a master service agreement with Cobb, Fendley & Associates, Inc. of San Antonio, Texas in the amount of$200,000 for Subsurface Utility Engineering Services for a base year plus two (2) one-year options. Attachments: Agenda Memo-SUE Services Project Budget-SUE Services with formulas Location Map-SUE Services Master Service Agreement-SUE Services Presentation -SUE Services Form 1295-Cobb Fendley 23. 16-1128 Engineering Design Contract for Downtown Road and Streetscape Improvements (BOND 2014, Proposition 2) (Requires 2/3 vote) Corpus Christi Page 10 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$115,067 for the Downtown Road and Streetscape Improvements. (BOND 2014 Proposition 2). Attachments: Agenda Memo Downtown Road and Streetscape Impr Project Budget Downtown Road and Streetscape Impr Location Map Downtown Road and Streetscape Improvements contract for engineering design Presentation Downtown Road and Streetscape Form 1295 Freese 24. 16-1156 Engineering Design Contract for the Downtown Street Traffic Signal and Area Improvements (BOND 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$334,275 for the Downtown Street Traffic Signal and Area Improvements. (BOND 2014 Proposition 2). Attachments: Agenda Memo Downtown Street Traffic Signal and Area Improvements Project Budget Downtown Street Traffic Signals Location Map Downtown Traffic Signal and Improvements Contract for Engineering Design Presentation Downtown Street Traffic Form 1295 Freese 25. 16-1161 Construction Contract for Alameda street from Lipan to Kinney (BOND 2014, Proposition 1) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD of Corpus Christi, Texas in the amount of$1,862,252.50 for Alameda Street from Lipan to Kinney for the total base bid. (BOND 2014, Proposition 1). Attachments: Agenda Memo-Alameda BOND 2014 Project Budget -Alameda Street BOND 2014 Location Map-Alameda Street Form 1295 Bay Presentation -Alameda Street BOND 2014 26. 16-1158 Resolution supporting the Cole and Ropes Park (CARP) Implementation Plan (Requires 2/3 vote) Resolution by the City Council of the City of Corpus Christi supporting Corpus Christi Page 11 Printed on 10/10/2016 City Council Meeting Agenda-Final-revised October 11, 2016 the Implementation Plan for improved water quality, to reduce bacteria, developed by the Cole and Ropes Parks' Coordination Committee (CARP) for Cole and Ropes Park Beaches located in Corpus Christi Bay and the Louisiana Parkway Watershed (Watershed) in Corpus Christi, Texas. Attachments: Agenda Memo- Resolution CARP Resolution -Resolution CARP Letters of Support- Resolution CARP CARP I Plan 8 11 2016.pdf 27. 16-1148 Resolution for Approval of a Developer Participation Agreement to reimburse developer for the City's cost to extend Lipes Boulevard (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute a developer participation agreement with Staples Development, LLC., ("Developer"), to reimburse the Developer up to $143,661.75 for the City's share of the cost to extend Lipes Boulevard, in accordance with the Unified Development Code. Attachments: Agenda Memo- Manhattan Estates Unit 7 Resolution and Signed Agreement-Manhattan Unit 7 Presentation Manhattan Estates Unit 7 Q. BRIEFINGS: (ITEMS 28 - 29) 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. 28. 16-1181 Coastal Bend Mitigation Action Plan -Annual Update Attachments: Agenda Memo-HMAP September 2016 Presentation - HMAP 29. 16-1182 Preliminary Flood Insurance Rate Map -Appeal Update Attachments: Agenda Memo-Preliminary Flood Insurance Rate Map Appeal Update Presentation Preliminary FIRM Appeal Update R. ADJOURNMENT Corpus Christi Page 12 Printed on 10/10/2016 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday, September 27, 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 Rabbi Emeritus Kenneth Roseman, Congregation Beth Israel. Rabbi Emeritus Kenneth Roseman gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Arlena Sones, City Auditor. City Auditor Arlena Sones 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: Assistant City Manager Mark Van Vleck, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas, and Council Member Carolyn Vaughn Absent: 1 - Council Member Mark Scott E. Proclamations /Commendations Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for the newly appointed board and committee members. 1. Proclamation declaring October 4, 2016, "National Night Out". Proclamation declaring October 8, 2016, "Corpus Christi Out of the Darkness Walk". Corpus Christi Page 1 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Proclamation declaring October 9-15, 2016, "National Fire Prevention Week". Proclamation declaring October 2016, "Wildlife in Focus Month". Swearing-in ceremony for newly appointed Board, Commission and Committee members. The Proclamations were presented and the Swearing-in Ceremony was conducted. 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.John Kelley, 3621 Austin, spoke regarding annexation and taking care of the City's current needs before expanding outside the city limits. Hazel McGee, P.O. Box 39, Mineral, Texas, requested verification on the information she received regarding the drainage system in the Turtle Cove Subdivision.Abel Alonzo, 1701 Thames, and Joan Veith, 5701 Cain Drive,expressed appreciation to the police officers and firefighters for the services they provide to the community. Susie Luna Saldana,4710 Hakel, asked questions regarding how streets are determined for repairs and the length of time it takes to repair a street. Ms. Saldana complained that her street was torn up and no one has been working on it for two weeks. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments.Assistant City Manager Mark Van Vleck reported on the following topics: a. OTHER 1) Today is National Voter Registration Day and the League of Women Voters of Corpus Christi are registering voters in the City Hall Atrium until 3:00 p.m. today. The League of Women Voters can also assist if a voter needs to submit a change of address, name or other information or request a replacement registration card.2) The Santa Fe Street Grand Opening was postponed due to weather. The event has been rescheduled and will take place on Thursday, November 3,2016 at 9:00 a.m. at the Gaslight Square parking lot, located at the corner of Santa Fe Street and Buford Avenue. 3) The Fire Station No. 18 groundbreaking ceremony is scheduled for Wednesday, October 19,2016 at 11:00 a.m., located in the 6100 block of Ayers Street near Saratoga Boulevard. H. MINUTES: 2. Regular Meeting of September 20, 2016 Corpus Christi Page 2 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 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. Arts and Cultural Commission Committee for Persons with Disabilities Community Youth Development (78415) Program Steering Committee Corpus Christi Downtown Management District Mayor's Fitness Council Oil and Gas Advisory Committee Parking Advisory Committee Senior Companion Program Advisory Committee Sister City Committee Transportation Advisory Commission Water Resources Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Arts and Cultural Commission Mayor Martinez made a motion to appoint Sharon Sedwick(Business Development Groups/Corporate Rep.), Hilda Lamas (Performing Arts), and Shelly M. Rios (Public Art/Public Spaces),seconded by Council Member McIntyre and passed unanimously. Committee for Persons with Disabilities Council Member McIntyre made a motion to appoint Joe A. DeLaGarza, seconded by Council Member Rubio and passed unanimously. Community Youth Development(78415) Program Steering Committee Council Member McIntyre made a motion to reappoint Sandra Rivera(78415 Resident),seconded by Council Member Garza and passed unanimously. Council Member Magill made a motion to appoint Lisa Torres (78415 Resident), Rick Barrera,Velma Lozano(78415 Resident),Janelle Mata(78415 Resident), Ricardo Pimentel, Sr. (78415 Resident), Simone Sanders (78415 Resident), Gracie Solano(78415 Resident), and Carlos Barrera(78415 Resident), seconded by Council Member McIntyre and passed unanimously. Corpus Christi Downtown Management District Council Member Magill made a motion to reappoint Raymond Gignac(Property Owner),Jonathan Richter(Agent/Employee/Tenant), Janet Maxwell (Stock Owner) and Tim Heuston (Agent/Employee/Tenant)and appoint Steve Keenan (Agent/Employee/Tenant),seconded by Council Member McIntyre and passed Corpus Christi Page 3 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 unanimously. Mayor's Fitness Council Mayor Martinez made a motion to appoint Tiffany A. Montemayor(Community Outreach),seconded by Council Member Garza and passed unanimously. Oil and Gas Advisory Committee Mayor Martinez made a motion to realign Elizabeth Perez from Alternate, General Public to General Public and appoint Eucharia Igwe (Alternate, General Public),seconded by Council Member McIntyre and passed unanimously. Parking Advisory Committee Council Member McIntyre made a motion to reappoint Robert Catalano, Fay Crider, Erica Lozano, Ginny Price and Jim Swan,seconded by Council Member Garza and passed unanimously. Senior Companion Program Advisory Committee Council Member McIntyre made a motion to realign Veronica Marsello (At-Large)to the SCP Volunteer Workstation Representative, reappoint Veronica Ramirez(At-Large), and appoint Consuelo "Connie" Garcia(SCP Volunteer)and Jeannine Leal (At-Large),seconded by Council Member Rosas and passed unanimously. Sister City Committee Council Member McIntyre made a motion to appoint Iain Vasey(Economic Development Sector), Deven Bhakta(Greater Corpus Christi Hospitality Association), Barbara Canales (Port Industries of Corpus Christi), Annette Medlin (United Corpus Christi Chamber of Commerce), Susane"Westi" Horn (Higher Education Institution), William Pettus (Advertising/Public Relations), Masaki Berrios (Arts and Cultural), Heather Moretzsohn (At-Large) and David Loeb(At-Large), seconded by Council Member Magill and passed unanimously. Transportation Advisory Commission Council Member McIntyre made a motion to realign Anthony Gavlik as the Bicycle Community Representative,seconded by Council Member Hunter and passed unanimously. Mayor Martinez made a motion to appoint Karen Beard,seconded by Council Member McIntyre and passed unanimously. Corpus Christi Page 4 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Water Resources Advisory Committee Mayor Martinez made a motion to reappoint Sally Gill (Landscaping), Robert Kunkel (Port Industries), Lucia Sosa(Citizen At-Large), and Phil Hale, Sr. (Apartment Owner or Owner's Representative),seconded by Council Member Rubio and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 33) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the public. Council members requested that Items 10, 11, 13, 16, and 21 be pulled for individual consideration. City Secretary Rebecca Huerta announced that Council Member Magill was abstaining from the vote on Item 26. A motion was made by Council Member McIntyre,seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 4. Resolution to submit a proposal for the FY2016-2017 Community Youth Development Program Resolution authorizing the City Manager to submit a proposal to the Texas Health and Human Services Commission for the Community Youth Development Program. This Resolution was passed on the Consent Agenda. Enactment No: 030967 5. Purchase of ammunition for the Police Department Motion approving the purchase of ammunition from Precision Delta, of Ruleville, Mississippi and GT Distributors, Inc., of Austin, Texas for a total amount of$74,732.40. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Precision Delta .40 caliber ammunition $24,960.00 GT Distributors, Inc. .223 riffle ammunition $49,772.40 Total Corpus Christi Page 5 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 $74,732.40 This Motion was passed on the Consent Agenda. Enactment No: M2016-113 6. Resolution authorizing the purchase of Handheld Ticket Writers, Printers and Components for the Police Department Resolution authorizing the City Manager, or designee, to purchase handheld ticket writers, related components, and licenses for Police Department vehicles from Tyler Technologies, of Dallas, Texas, for a total cost of$81,252.00 with funding available in the FY2015-2016 Crime Control and Prevention District Fund, and additionally authorizing payment and continual renewal of necessary software licenses in an amount not to exceed $25,000.00 annually, subject to budget approval and sufficient future appropriations. This Resolution was passed on the Consent Agenda. Enactment No: 030968 7. Purchase of playground equipment and installation for Parker Park (Bond 2012) Motion approving the purchase of playground equipment and installation for Parker Park from T.F. Harper& Associates LP, of Austin, Texas for a total amount not to exceed $157,794.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funding for this purchase is from Bond 2012 for Parker Park funds and FY 2015-2016 Community Enrichment funds. This Motion was passed on the Consent Agenda. Enactment No: M2016-114 8. Purchase of two Ford Transit Cargo Vans for the Police Department Motion approving the purchase of two Ford Transit Cargo Vans from Caldwell Country Ford, of Caldwell, Texas for a total amount of $96,381.06. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been set aside by Fleet Maintenance Service in FY15-16. This Motion was passed on the Consent Agenda. Enactment No: M2016-115 9. Purchase of six 2017 Ford Fusions for the Fire Department Corpus Christi Page 6 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Motion approving the purchase of six 2017 Ford Fusions from Caldwell Country Ford, of Caldwell, Texas for a total amount of$151,617.10. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. This Motion was passed on the Consent Agenda. Enactment No: M2016-116 12. Purchase of one Truck Mounted Excavator for Utilities and Streets Operations Motion approving the purchase of one Truck Mounted Excavator from Waukesha-Pearce Industries Inc., of Corpus Christi, Texas for a total amount of$311,357.98. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. This Motion was passed on the Consent Agenda. Enactment No: M2016-119 14. Purchase of one 2016 Self-Propelled Chipspreader for Street Operations Motion approving the purchase of one 2016 Etnyre Self-Propelled Chipspreader from Cooper Equipment Company, of San Antonio, Texas for a total amount of$282,633.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. This Motion was passed on the Consent Agenda. Enactment No: M2016-121 15. Purchase of one Deere 410L, Backhoe with a Jackhammer for Street Operations Motion approving the purchase of one Deere 410L, Backhoe with a Jackhammer from Doggett Heavy Machinery Services LTD., of Corpus Christi, Texas for a total amount of$100,673.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. This Motion was passed on the Consent Agenda. Enactment No: M2016-122 17. Purchase of one Deere 524K, Front End Loader for the Storm Water Department Corpus Christi Page 7 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Motion approving the purchase of one Deere 524K, Front End Loader from Doggett Heavy Machinery Services LTD., of Corpus Christi, Texas for a total amount of$119,882.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. This Motion was passed on the Consent Agenda. Enactment No: M2016-124 18. Purchase of Vehicle Alignment Equipment for Fleet Maintenance Services Motion approving the purchase of Vehicle Alignment Equipment from Mohawk Resources LTD, of Amsterdam, New York for a total amount of$56,167.93. The award is based on the cooperative purchasing agreement with Houston-Galveston Area Council. Funds have been set aside by Fleet Maintenance Services in FY15-16. This Motion was passed on the Consent Agenda. Enactment No: M2016-125 19. Engineering Design Contract for Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation) Motion authorizing the City Manager or designee to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of$672,034 for the Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation) for design, bid and construction phase services. This Motion was passed on the Consent Agenda. Enactment No: M2016-126 20. Engineering Services for Street Preventative Maintenance Program (SPMP)for FY 2016-2017 Motion authorizing the City Manager, or designee, to execute a construction materials testing agreement with Rock Engineering of Corpus Christi, Texas for $98,035 and professional services contract with LNV, Inc. of Corpus Christi, Texas in the amount of$676,269 for 2016 and 2017 projects in the Citywide Street Preventative Maintenance Program. (SPMP) This Motion was passed on the Consent Agenda. Enactment No: M2016-127 22. Purchase of one DRI-Rime CD300M Electric Pump and one 200 Corpus Christi Page 8 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 HP Variable Frequency Drive for O.N. Stevens Water Treatment Plant Motion approving the purchase of one DRI-Prime CD300M Electric Pump and one 200 HP Variable Frequency Drive from Godwin Pumps of Corpus Christi, Texas for a total amount not to exceed $88,299.45. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council (H-GAC). Funds have been set aside by the Water Department in FY2015-2016. DRI-Prime CD300M Electric Pump 200 HP Variable Frequency Drive $54,969.20 $30,930.25 Purchase Price: $85,899.45 Inbound Freight: $2,400.00 Total Amount: $88,299.45 This Motion was passed on the Consent Agenda. Enactment No: M2016-128 23. One Year Microsoft Office License Subscription Purchase Motion authorizing the City Manager, or designee, to execute a one-year Microsoft Office E3 license subscription with Software House International (DIR-SDD-2503) for$133,747.20. This Motion was passed on the Consent Agenda. Enactment No: M2016-129 24. Passenger Facility Charge (PFC) Application No.3 for Runway Extension and Taxiway Project Grant Motion authorizing the City Manager or designee to submit Passenger Facility Charge (PFC) Application No.3 to the Federal Aviation Administration to allow for reimbursement of$9.3 million dollars in airport operating funds used to match Runway Extension and Taxiway Project grant monies. This Motion was passed on the Consent Agenda. Enactment No: M2016-130 25. Interlocal Agreement for the development of a Regional Hazard Mitigation Plan Motion authorizing the City Manager or designee to execute an Interlocal Agreement between the City, Nueces County and other participating local governments for the development of a Regional Corpus Christi Page 9 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Hazard Mitigation Plan with a financial commitment not to exceed $6,500 for the development of the plan. This Resolution was passed on the Consent Agenda. Enactment No: M2016-131 26. Second Reading Ordinance - Rezoning property located at 1617 Paul Jones Avenue (1st Reading 9/20/16) Case No. 0816-04 MBA-Mi Mundo Daycare, LLC: A change in zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District in reference to Peary Place Annex "D", located on the west side of Paul Jones Avenue between Brittany Drive and Argonne Drive. Planning Commission and Staff Recommendation (August 24, 2016): Approval of the rezoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by MBA-Mi Mundo Daycare, LLC, on behalf of BAPS Corpus Christi, LLC ("Owner") by changing the UDC Zoning Map in reference to Peary Place Annex "D", from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 1 - Council Member Magill Enactment No: 030970 27. Second Reading Ordinance - Rezoning property located at 3113 S. Port Avenue (1st Reading 9/20/16) Case No. 0816-01 Maria G. Lopez: A change in zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District in reference to a 0.037 acre tract of land, described as the remainder of lot 2, Block 6 of the San Diego Addition Unit 1, located on the east side of Niagara Street between Guadalupe Street and Nogales Street. Corpus Christi Page 10 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Planning Commission and Staff Recommendation (Auqust 24, 2016): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Maria G. Lopez ("Owner"), by changing the UDC Zoning Map in reference to a 0.037 acre tract of land, described as being the remainder Lot 2, Block 6 of the San Diego Addition Unit 1, from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030971 28. Second Reading Ordinance - Rezoning property located at 5702 Corsica Road (1st Reading 9/20/16) Case No. 0716-06 Corner Strong, Ltd.: A change of zoning from the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District to the "CG-2" General Commercial District. The property is described as being a 4.99-acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, located on the east side of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. Planning Commission and Staff Recommendation (Auqust 24, 2016): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District and the "CG-2" General Commercial District to the "CG-2" General Commercial District, and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, subject to the Owner complying with eleven (11) conditions and the conceptual site plan. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corner Strong, Ltd ("Owner"), by changing the UDC Zoning Map in reference to a 4.99-acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, from the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 11 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030972 29. Second Reading Ordinance -Accepting and appropriating the Victims Of Crime Act (VOCA) Outreach Program (1st Reading 9/20/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$179,149.24 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of$21,340 and an in-kind match of $40,480 from the No. 1020 Police General Fund; appropriating the $179,149.24 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of$21,340 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $240,969.24. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030973 30. Second Reading Ordinance -Amending City Code regarding Employee Health Plan (1st Reading 9/20/16) Ordinance amending Section 39-309 of the Corpus Christi Code of Ordinances to change employee contribution for health plan coverage and remove Citicare Premium Plan; and providing for severance and an effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030974 31. Second Reading Ordinance Appropriating Fund Proceeds for Fiscal Year 2015-2016 (1st Reading 9/20/16) Ordinance appropriating amounts of: (a) $12,448.80; (b) $634,195.66 (c) $970,898.79; (d) $87,186.67; and (e) $66,872.15 into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets, and as further detailed in Attachment 1; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase expenditures accordingly. This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 12 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Enactment No: 030975 32. Second Reading Ordinance -Approving the Second Amendment to TIRZ#3 Amended Project and Financing Plan (1 st Reading 9/20/16) Ordinance approving the second amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas, on August 23, 2016. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030976 33. Second Reading Ordinance - FY17 Community Youth Development Program Contract Extension Amendment (1st Reading 9/20/16) Ordinance ratifying execution of Community Youth Development program contract extension amendment with Texas Department of Family and Protective Services from September 1, 2016 to May 31, 2017 in the amount of$355,156.38; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030977 10. Lease-Purchase of two Slope Tractor Mowers for the Parks and Recreation Department Motion approving the lease-purchase of two Slope Tractor Mowers from Alamo Industrial, of Seguin, Texas for a total amount of $365,600.00. $51,000.00 will be paid out of FY2015-2016 funds, leaving $314,600.00 to be lease-purchased with allowing interest of $23,706.00 for a total not to exceed $389,306.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Two Slope Tractor Mowers Total Non-financed: $51,000.00 Total Lease-Purchase: $314,600.00 Total Allowable Interest for Lease: $23,706.00 Not To Exceed Grand Total: $389,306.00 Corpus Christi Page 13 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Mayor Martinez referred to Item 10, lease-purchase of two slope tractor mowers. Director of Fleet Operations Jim Davis and Isaac Benavidez, Fleet Maintenance, responded to the following council member questions:what the slope tractor mowers will be used for; the areas mowed and the amount of acreage;whether the item could be tabled; the number of similar vehicles in operation;whether these units are replacements;the service life of the mowers; a spreadsheet defining equipment use by activity, contracted services, and cost-benefit analysis; and the timing of the lease-purchase. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-117 11. Purchase of four John Deere Mowers for the Parks and Recreation Department Motion approving the purchase of four John Deere Mowers from Deere and Company, of Cary, North Carolina, for a total amount of $73,319.40. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Mayor Martinez referred to Items 11, 13, and 16 since the items are related to vehicle and truck purchases. Director of Fleet Operations Jim Davis and Isaac Benavides, Fleet Maintenance, responded to council members. Mayor Martinez referred to Item 11,the purchase of four John Deere Mowers. Discussion topics included:the number of mowers the City has;the replacement of the units; and the need for the additional equipment. Mayor Martinez referred to Item 13,the purchase of 15 vehicles for utilities and street operations. Discussion topics included:the number of units;the reasons for purchasing F-250 trucks; how the trucks will be used; a list of the inventory;whether the trucks are white;whether the vehicles include compressed natural gas (CNG) packages; defining the service life of the equipment and the hours each truck is in use; and whether any trucks are take-home vehicles. Mayor Martinez referred to Item 16,the lease-purchase of two truck-mounted excavators. Discussion topics included:the number of units the City current has;the age of the units; whether the units are replacements to the fleet; in-house repair maintenance; and developing a justification process for the purchase of vehicles. Council Member Rubio made a motion to approve Item 11,seconded by Corpus Christi Page 14 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 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 Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-118 13. Purchase of 15 Vehicles for Utilities and Street Operations Motion approving the purchase of 15 vehicles from Caldwell Country Automotive, of Caldwell, Texas for a total amount of$461,870.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, dba Buyboard. Funds for the purchase of the vehicles have been budgeted in FY 2015-2016. This item was discussed during the discussion on Item 11. Council Member Garza made a motion to approve the motion, seconded by Council Member McIntyre. This Motion was passed and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Rosas Nay: 2- Council Member Hunter and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-120 16. Lease-Purchase of two Truck Mounted Excavators for Storm Water Department Motion approving the lease-purchase of two Truck Mounted Excavators from Waukesha-Pearce Industries Inc., of Corpus Christi, Texas for a total amount not to exceed $735,750.04. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Total Lease-Purchase Price: $690,478.26 Total Allowable Interest for Lease: $45,271.78 Grand Total: $735,750.04 This item was discussed during the discussion on Item 11. Corpus Christi Page 15 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Council Member Garza made a motion to approve the motion, seconded by Council Member McIntyre. 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 Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-123 21. Resolution approving a service agreement for Police and Municipal Court Parking Lot Improvements Phase 2 Resolution authorizing the City Manager, or designee, to execute a service agreement with Total Protection, of Corpus Christi, to furnish and install access control gates for the parking area at the Police and Municipal Court Building for a not to exceed amount of$114,543.32, with funding available in the FY2015-2016 General Fund and Facilities/Property Mgmt Fund. Mayor Martinez referred to Item 21, a service agreement for the Police and Municipal Court Parking Lot Improvements, Phase 2. Police Chief Mike Markle responded to the following council questions:the cost for Phase 2; construction of the fencing and mechanical gate;the timeframe to complete the project; the importance of completing the project for the security of the parking lot; the use of sole source and identifying sole source on future purchasing items; and new technology available. Council Member McIntyre made a motion to approve the resolution,seconded by Council Member Rubio. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030969 N. REGULAR AGENDA: (ITEM 39) 39. Second Reading Ordinance - Plan CC, The City's Proposed Comprehensive Plan (1st Reading 9/20/16) Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan"; providing that the adopted comprehensive plan shall amend, supersede, and replace the Corpus Christi Page 16 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 previous comprehensive plan titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan"; and providing for severance, publication and effective date. Mayor Martinez deviated from the agenda and referred to Item 39. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to approve the Plan CC Comprehensive Plan. Council members spoke regarding the following topics:the work performed by staff,the Planning Commission and the City Council to achieve common ground; Plan CC will be a road map moving forward; the available land is District 3 that can be utilized for growth in that area; and the area development plans. Mayor Martinez called for comments from the public.John Kelley, 3621 Austin, said that public and professional input that was provided in the plan was ignored and the plan continues to create disparity in the City. David Owen, 214 Dolphin,spoke regarding the land use map designating the Chapman Ranch area agriculture/rural enterprise as opposed to planned development. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030978 L. EXECUTIVE SESSION: (ITEMS 34 - 37) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. City Secretary Rebecca Huerta announced that Council Member Magill was abstaining from the discussion on Item 37. The Council went into executive session. 34. 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 the lawsuit of H2O Construction Services, Inc. vs. City of Corpus Christi. Mayor Martinez referred to Item 34 and the following motion was considered: Motion to authorize the execution of all documents necessary to accept mediator's proposal to settle the lawsuit of H2O Construction Services, Inc.vs. City of Corpus Christi the amount of$225,000. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Corpus Christi Page 17 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-132 35. 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 Railroad Commission Applications of Petro Waste Environmental, LP to operate a commercial disposal facility in McMullen County, Texas on a 1500 acre tract located approximately four miles north of Tilden, Texas. Mayor Martinez referred to Item 35 and the following motion was considered: Motion to authorize the extension of agreements and encumbrance of funds for legal and City's case to state agencies and engineering services in analysis-negotiation and potential litigation related to issuance of a Railroad Commission permit to PetroWaste Environmental for operation of a commercial oil and gas disposal facility in McMullen County with the following entities in the following amounts, RPS Group (Expert) $122,000 Sledge Law Firm $35,000 Total: $157,000 and further authorizing the City Manager to execute contracts with and expend the amounts designated for the aforesaid entities on different law firms and engineering firms determined to be most appropriate for the presentation of the of the City's case to state agencies,subject to the authorization of funds. Council Member Garza made a motion to approve the motion, seconded by Council Member McIntyre. 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 Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-133 36. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to extraterritorial jurisdiction and City boundaries, including, but not limited to, annexation of areas north of FM 2444 and in the vicinity of FM 43 and Highway 286 and in other areas of the City's extraterritorial jurisdiction, rights and remedies pursuant to Chapter 43 of the Texas Local Government Code, and certificates of convenience and necessity, and Corpus Christi Page 18 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 pursuant to Texas Government Code § 551.087 to discuss financial or other incentives, including incentives involving potential utility services, that could be offered to business prospects that the government body seeks to have locate, stay, or expand in or near the territory of the governmental body. The E-Session Item was discussed in executive session. 37. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to extraterritorial jurisdiction and City boundaries, including, but not limited to, annexation of areas south of FM 2444 and the Staples Street Corridor, rights and remedies pursuant to Chapter 43 of the Texas Local Government Code, and certificates of convenience and necessity, and pursuant to Texas Government Code § 551.087 to discuss financial or other incentives, including incentives involving potential utility services, that could be offered to business prospects that the government body seeks to have locate, stay, or expand in or near the territory of the governmental body. The E-Session Item was discussed in executive session. Council Member Magill abstained from the discussion on this item. M. PUBLIC HEARINGS: (ITEM 38) 38. Second Reading Ordinance - Street Closure of Flynn Parkway, located at the southwest corner of Flynn Parkway and Holly Road. (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to abandon and vacate an undeveloped and unsurfaced 0.173 portion of a 39-foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions. Mayor Martinez referred to Item 38.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate an unsurfaced portion of a 39-foot wide public right-of-way to allow AEP Texas to expand their adjacent station. Mr. Dimas stated that staff is recommending that the owner pay the approximately$22,000 value of the land. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Corpus Christi Page 19 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Absent: 1 - Council Member Scott Abstained: 0 O. FIRST READING ORDINANCES: (ITEMS 40 -41) 40. Second Reading Ordinance -Accepting and appropriating a grant for Animal Care Operations (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Duffield Family Foundation, dba Maddie's Fund, in the amount of$1,000 to support Animal Care operations; and appropriating the $1,000 in the No. 1061 Police Grants Fund. Mayor Martinez deviated from the agenda and referred to item 40. Police Chief Mike Markle stated that the purpose of this item is to accept a grant in the amount of$1,000 from the Duffield Family Foundation, dba Maddie's Fund,to support Animal Care operations. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 41. Second Reading Ordinance -Appropriating funds to reimburse developer for the construction of distribution water main line located on the southeast corner of Old Brownsville Road and South Padre Island Drive (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing City Manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the construction of a water distribution main line and appropriating $19,159.00 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 41.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a water distribution main extension construction and reimbursement agreement for the construction of a distribution main line in the amount of$19,159. There were no comments from the Council or the public. Corpus Christi Page 20 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Rosas Absent: 2- Council Member Scott and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 42 -44) Mayor Martinez referred to Future Agenda Items.Assistant City Attorney Mark Van Vleck stated that staff did not have any planned presentations. Council members requested information on Items 42,43 and 44. 42. Resolution for an Advance Funding Agreement for a Hike and Bike Trail in Dr. Hector P. Garcia Park (Requires 2/3 vote) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for a Hike and Bike Trail located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road with the City's local participation in the amount of$4,620 for reimbursement of direct state costs associated with the project. This Resolution was recommended to the consent agenda. 43. Resolution for an Advance Funding Agreement for the next section of the Schanen Hike and Bike Trail (Requires 2/3 vote) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive with the City's local participation in the amount of $8,904 for reimbursement of direct state costs associated with the project. This Resolution was recommended to the consent agenda. 44. Service Agreement for Street Sweeping Services (Requires 2/3 vote) Motion approving a service agreement with Coastal Maintenance Concepts, LLC, of Corpus Christi, TX for Street Sweeping Services in accordance with RFB No. 128, based on the lowest, responsive responsible bid. The annual agreement will be for $466,297.50. The term of the agreement is for one year with an option to extend for up to Corpus Christi Page 21 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 two additional one year periods, subject to the approval of the contractor and the City Manager, or designee. Funding will be budgeted in FY16-17. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 45) 45. Water Supply Discovery -Water Management Strategies Discovery and Discussion - RFI Approach Mayor Martinez referred to Item 45. Project Manager L.J. Francis stated that the purpose of this item is to provide a briefing on the City of Corpus Christi's water supply initiatives and programs. The topics included: information on present and future water management strategies identified by Region N and the Request for Information Process (RFI) regarding solicitation and delivery of alternative water supplies. The presentation team included Kristi Shaw, Project Manager with HDR Engineering and Major Projects Engineer Bill Green. Mr. Francis provided a brief overview of the 3D process (Discover, Discuss, and Decide)and the updated presentation schedule. Kristi Shaw provided the following information: the water management strategies,short-and long-term, identified and evaluated by Region N; the Region N categories for evaluating water management strategies; a map of the water management strategies recommend in the current 2016 Region N plan; a chart comparing the different recommended water management strategies;the water management strategies that are no longer actively being considered;the objective of the RFI; the City's water supply planning history; key considerations for regarding the RFI; a summary of the key points from the San Antonio Water System RFI experience; preliminary activities for RFI process; and Region N categories for evaluating wter managment strategies. Ms. Shaw stated that the aspect of the RFI process that is most critical is making sure that it is line with what the City's vision and need is in looking for additional water supplies. Council members discussed the following topics:the reason the Aquifer Storage Recovery Program was not identified in the 2016 Region N recommended plan; attention to scalability, affordability and level of predictability in each of the water supplies; water supply helping to encourage job growth; the number of RFIs the City has previously conducted;value in the RFI process;structuring the RFI is the most important process; review of the take-or-pay contracts for surface water; how to position an RFI in the financial models;the staffing required for the RFI process; an estimation of how long an RFI process would take; the outcome of the San Antonio Water System RFI process;the City not currently looking at another water supply in short order, but potential in desalination;whether a water source would have to be on the Region N plan and how it would impact funding; whether wheeling comes into plays in developing a water source;two modeling approaches for the RFI including: optimization and criteria-based decision support tool; a workshop to address alternative funding and the RFI strategies;the ability in the future to provide water to other regions;the opportunity to look at reverse water; and an update on desalination. Corpus Christi Page 22 Printed on 10/6/2016 City Council Meeting Minutes September 27,2016 R. ADJOURNMENT The meeting was adjourned at 5:26 p.m. Corpus Christi Page 23 Printed on 10/6/2016 SC GO O� U AGENDA MEMORANDUM NOORPONPS E 1852 First Reading for the City Council Meeting of September 27, 2016 Second Reading for the City Council Meeting of October 11, 2016 DATE: September 6, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement Dr. Hector P. Garcia Park Hike and Bike Trail CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for a Hike and Bike Trail located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road with the City's local participation in the amount of$4,620 for reimbursement of direct state costs associated with the project. PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for a Hike and Bike Trail located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road. An initial payment of $4,620 is due to TXDOT for administrative support. The required payment to TXDOT for their oversight of the design, right of way, environmental, utilities and construction of the project as applicable and listed in the AFA. BACKGROUND AND FINDINGS: This AFA provides for a joint TXDOT/City project with 80/20 respective cost sharing for the construction of a Hike and Bike Trail located in Dr. Hector P. Garcia Park. Under the AFA, the City will design and construct the project with TXDOT administrative support and reimbursement to the City for the construction as the project is complete. The Dr. Hector P. Garcia Park Hike and Bike Trail consists of the construction of a 10-foot decomposed granite shared use path connecting Horne Road, Lulac Village, Greenwood Park/Pool and the existing trail on the south side of the Park near Columbia Street. The trail provides off-street connectivity to neighborhoods, Dr. Hector P. Garcia Park, and a safe route to local schools parallel with Greenwood Drive and Airport Ditch. The State match for this project was approved as part of the Metropolitan Planning Organization's (MPO's) Transportation Alternatives Program (TAP) approved in 2016 and will not exceed $264,000. The estimated City participation (20%) is $66,000. Actual costs will be based on bid amounts received. This project was accelerated to compliment the Bond 2012 Street project Greenwood Drive from Gollihar Road to Horne Road project. This off-street trail through the park provides the optimal mobility and connectivity for the local community in lieu of an on-street striped bike lanes. The off- street shared walkway/trail is consistent with the new MPO's mobility plan and most cost effective solution. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department, Street Department FINANCIAL IMPACT: Fiscal Year Project to Date 2016-2017 Budget and Current Year Future Years TOTALS Expenditures Budget $25,000 $346,515 $389,515 Encumbered / Expended Amount This item (TxDOT) 4,620 4,620 Future Anticipated Expenditures This 384,895 384,895 Project BALANCE $20,380 $0 $0 Fund(s): Bond 2014 Street Traffic Signal Improvements, Park CIP, TXDOT RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Resolution Advance Funding Agreement Presentation PROJECT BUDGET Dr. Hector P. Garcia Park Hike and Bike Trail FUNDS AVAILABLE: Parks and Rec CIP.......................................................................................................... $ 54,550 Bond 2012 Street CIP (Greenwood Drive) .................................................................... 100,515 Texas Department of Transportation............................................................................ 264,000 TOTAL................................................................................................................... $ 419,065 FUNDS REQUIRED: Construction (Estimate)............................................................................................. 330,000 TxDOT Share..................................................................................... 264,000 Local Share (Estimate)......................................................................... 66,000 Construction Contingency..................................................................................... 33,000 TXDOT (Texas Department of Transportation) Oversite................................................... 4,620 Design: Govind Development, LLC......................................................................................... 29,550 Construction Observation & Testing: Construction Observation (Estimate)............................................................................. 8,000 Construction Materials Testing Agreement (Estimate)...................................................... 5,000 Reimbursements: Total Reimbursements................................................................................................ 8,895 Administration (Engineering/Capital Budget/Finance)................................. 3,100 Engineering Services (Project Mgt/Constr Mgt/Land Acq Svcs) (0.75%)......... 4,795 Miscellaneous (Printing, Advertising, etc.)................................................ 1,000 TOTAL................................................................................................................... 419,065 ESTIMATED PROJECT BUDGET BALANCE................................................................ $ - RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR A HIKE AND BIKE TRAIL LOCATED IN DR. HECTOR P. GARCIA PARK NEAR GREENWOOD DRIVE AND HORNE ROAD WITH THE CITY'S LOCAL PARTICIPATION IN THE AMOUNT OF $4,620 FOR REIMBURSEMENT OF DIRECT STATE COSTS ASSOCIATED WITH THE PROJECT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for a Hike and Bike Trail located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn N LozanD Golf Center RC1 Q (p -b 0 ffi 0 v PROJECT LOCATION ekicimin St Villarreal Dr c; V6 w Point Rd Lina 4� L 9 Vi F.-,-. �T I - 'Q1 (t oil Z71 /&x�- Af p VICINITY MAP NOT TO SCALE ' rf� Projekt Number: E15142 ell Dr. Hector P. Garcia Park Hike and Bike CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Trail DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Dr. Hector P. Garcia Park Hike and Bike Trail Council Presentation September 27, 2016 Location Map a Corpus Chi sti Engineering 4- 4,a U� N o�w otn�Rd p�� Q _ __ Lniiras ODa �y PROJECT LOCATION c �P`` y � Villarreal Dr y cP .7 9��5 s ��a W Point Rd Linde Vara St �} c� SD`f 7� do `g OC or�iha�Rd e'E` t Ra 2 �p US CN s, aar Location J h Engineering +eez ,4 t i, NEW TRAIL DR.HECTOR P. GARCIA PAR q ` J Sher ' � N bse 'ern s �RocklawnlDDF �' �`• �l r A rI a o�.��'U? 1:f /�, / \\ •\ `� 3 � 0 c 40 cn: Project Scope Corpus Chrsti Engineering • Joint TXDOT/City project • Approved in the MPO's 2016 TAP with 80/20 split for construction • City will design and construction the project with TXDOT administrative support • Project consists of the construction of a 10-foot decomposed granite shared use path • The new trail provides off-street connectivity to neighborhoods, community park and a safe route to local schools consistent with the new MPO mobility strategies Project Schedule Corpus*-,-sti Engineering 2016 2017 Jun Jul Aug Sep Oct Nov Dec Jan I Feb Mar Apr May Jun Jul Bid CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT MPO-Selected Off-System This Local Project Advance Funding Agreement("LPAFA") is made between the State of Texas ("State"), acting through the Texas Department of Transportation, and City of Corpus Christi ("Local Government"), acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to State or Metropolitan Planning Organization ("MPO") a nomination form for consideration under the Transportation Alternatives Program ("TAP") for the project, which is briefly described as Garcia Park Hike and Bike Trail ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law, 23 USC§ 134 and 49 USC§5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas. Tex.Transp. Code §§ 201.103 and 222.052 establish that State shall design, construct, and operate a system of highways in cooperation with local governments. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission ("Commission") passed Minute Order Number 114335 ("MO") dated August 27, 2015 awarding funding for projects in the 2015 TAP Program Call of the Corpus Christi MPO, including Project. The rules and procedures for TAP are established in 23 USC§ 213, and 43 Tex.Admin. Code Subchapter 11.F. The governing body of Local Government has approved entering into this Agreement by resolution or ordinance dated , which is attached to and made a part of this Agreement as Attachment A. Therefore, State and Local Government agree as follows: AFA-LPAFA_TAP Page 1 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development AGREEMENT 1. Period of Agreement and Performance 1.1. Period of Agreement.The period of this LPAFA is as stated in the Master Agreement, without exception. 1.2. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement("FPAA")for that phase of work. Local Government may not begin work until issued the State Letter of Authority ("SLOA")for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Termination of the Agreement 2.1. This Agreement may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice; or C. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. 2.4. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: a. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex. Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. C. Local Government withdraws from participation in Project. d. State determines that federal funding may be lost due to Project not being implemented and completed. AFA-LPAFA_TAP Page 2 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. g. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. 2.5. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project,and Project Location 4.1. The scope of work for Project (located as shown in Attachment B, Project Location Map) consists of: Construction of a 10' composed granite shared use path located in Dr. Hector Garcia Park, located near Greenwood Drive and Horne Road. 4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. S. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government.Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC§4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR § 24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, and (2) Local Government, otherwise.The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved AFA-LPAFA_TAP Page 3 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. 5.4. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property.Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative.The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation.The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. For State-selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. 5.9. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement.The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex.Admin. Code § 11.317.The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion.The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. 5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved AFA-LPAFA_TAP Page 4 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development activities, and (2)the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. Unless specified in (1)the nomination form approved by State or MPO in consultation with State and (2)this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction.These costs may be eligible for TAP participation if: (1)the activity is required to complete Project; (2)the cost is incidental to Project; and (3)TAP funding is available.Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966,which require environmental clearance of federal-aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation.These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. 7.4. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services; and with Tex. Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State-selected projects, architectural and engineering services are not eligible for TAP reimbursement. AFA-LPAFA_TAP Page 5 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects,the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable.The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges.The use of other systems of specifications shall be approved by State in writing in advance. 8.2. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. 8.3. When architectural and engineering services are provided by or through State, then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. 9.5. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.13. AFA-LPAFA_TAP Page 6 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 9.6. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project,the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use.The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date.This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. 10.3. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. 10.4. Should any historic properties be included in or affected by this federally funded Project,the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. A Project Budget Estimate and Source of Funds is provided as Attachment C, showing the total estimated development cost of Project.This estimate shows the itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs.To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. State and the AFA-LPAFA_TAP Page 7 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. 11.2. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through State, Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State.The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project. State in its discretion may deny reimbursement if Local Government has not designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C.Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or MPO in consultation with State to Project.This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement("FIRAA"), or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. 11.6. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost. 11.7. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. 11.8. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation."The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. AFA-LPAFA_TAP Page 8 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 11.9. Upon completion of Project, State will perform an audit of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. If after final Project accounting, any excess funds remain,those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. 11.10. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government.The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement 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. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. 11.15. 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 State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County ("EDC") and if State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State.This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. AFA-LPAFA_TAP Page 9 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 13. 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. 14. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this LPAFA. When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality, State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. 15.4. Local Government shall follow all other parts of 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 Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. 15.5. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. 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. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC§3801 et seq.). 15.6. Each contract Local Government signs with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub-recipient, or sub-con tractor 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. 16. Debarment Certifications AFA-LPAFA_TAP Page 10 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 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, 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 Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. 17. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief,that: 17.1. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal 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. 17.2. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17.3. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC§ 1352 for making or entering into this transaction. 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. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work,the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. AFA-LPAFA_TAP Page 11 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 19. Federal Funding Accountability and Transparency Act Requirements 19.1. 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.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management ("SAM") number(Federal Acquisition Regulation ("FAR") Subpart 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/ b. Obtain and provide to 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 C. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 20. Single Audit Report 20.1. 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 Part 200. 20.2. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter(if applicable)to TxDOT's Audit Office, 125 East 11th Street, Austin,TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside- txdot/office/audit/contact.html. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Audit Office as follows: We did not meet the$ expenditure threshold and therefore, are not required to have a single audit performed for FY 20.3. For each year Project remains open for federal funding expenditures, 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 Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Civil Rights Compliance AFA-LPAFA_TAP Page 12 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 21.1. 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 (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 21.2. Nondiscrimination:The Local Government,with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of 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. 21.3. 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 equipment, each potential subcontractor or supplier will 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. 21.4. Information and Reports:The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations and instructions. 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 FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 21.5. 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 FHWA 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. cancelling, terminating, or suspending of the contract, in whole or in part. 21.6. Incorporation of Provisions:The Local Government will include the provisions of paragraphs 21.1 through 21.6 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 action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if Local Government becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. AFA-LPAFA_TAP Page 13 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 22. Pertinent Non-Discrimination Authorities During the performance of this contract, the Performing Agency, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: 22.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 22.2. 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). 22.3. Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), as amended, (prohibits discrimination on the basis of sex). 22.4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. 22.5. The Age Discrimination Act of 1975, as amended, (49 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age). 22.6. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). 22.7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). 22.8. Titles II and III of the Americans with Disabilities Act,which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 22.9. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex). 22.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. 22.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP).To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). AFA-LPAFA_TAP Page 14 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development 22.12. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated opposite that party's signature. City of Corpus Christi Date: By: Margie C. Rose City Manager THE STATE OF TEXAS Date: By: Kenneth Stewart Director of Contract Services Texas Department of Transportation AFA-LPAFA_TAP Page 15 of 15 Revised 2016-08-19 CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park, located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT O AFA-LPAFA_TAP Page 1 of 1 Attachment A CSJ: 0916-35-201 District#: CRP 16 Code Chart 64#: 09800 Project: Garcia Park Hike and Bike Trail Limits: Dr. Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Akf Mu.RTI COM r O CH]Run � my n PROJECT LMT[4N ^• K NWhU zea I-K & Nd "?PL ilk - ,,. } 9M f 4 +5 f ! ..GLM ELLW a I � dl JdY! -LQCATM HE 1 Sof•�—� � I � I iMAW f 9MECT, M OF MOM CIf4 W Cil.HKTOK QkACA PW KW&ME TWL -n Traffic Er►gn:crrp D tifden n Srr"Neratols}eW-neit AFA-LPAFA_TAP Page 1 of 1 Attachment B CSJ:0916-35-201 District#:CRP 16 Code Chart 64#:09800 Project:Garcia Park Hike and Bike Trail Limits:Dr.Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#:20.205 Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS LG Lets Project to Construction Work Performed by Local Government("LG") Federal Participation Local Government(LG) Description of Total Project Cost State Participation Participation Includes additional percentage Includes any EDC reduction Project Costs to be Incurred Estimate forTDC apportionment where applicable whereapplicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction $306,900.00 80% $245,520.00 0% $0 20% $61,380.00 In-kind donation Value $0 0% $0 0% $0 0% $0 (Add to Total Project Cost-20%Maximum value) Work by LG Subtotal $306,900.00 1 $245,520.00 $0 $61,380.00 Work Performed by the State(Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 UtIIItIeS2 $0 0% $0 0% $0 0% $0 Constructionz $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 1 of 2 Attachment C CSJ:0916-35-201 District#:CRP 16 Code Chart 64#:09800 Project:Garcia Park Hike and Bike Trail Limits:Dr.Hector Garcia Park,located near Greenwood Drive and Horne Road FHWA CFDA#:20.205 Not Research and Development Direct and Indirect State Costs Incurred for Review,Inspection,Administration&Oversight Federal Participation Local Government(LG) Description of Total Project Cost State Participation Participation Includes additional percentage Includes any EDC reduction Project Costs to be Incurred Estimate for TDC apportionment where applicable where applicable Cost % Cost % Cost Preliminary Engineering' $8,316.00 80% $6,652.80 0% $0 20% $1,663.20 Environmental Cost' $1,848.00 80% $1,478.40 0% $0 20% $369.60 Right of Way' $1,848.00 80% $1,478.40 0% $0 20% $369.60 Utilities' $1,848.00 80% $1,478.40 0% $0 20% $369.60 Construction2 $9,240.00 80% $7,392.00 0% $0 20% $1,848.00 Direct State Costs Subtotal $23,100.00 80% $18,480.00 0% $0 20% $4,620.00 Indirect State Cost 17,616.00 $17,616.00 $0 TOTAL PARTICIPATION JOE$374,616.00 $264,AN00.00 $17,616.00 $66,000.00 In kind Contribution Credit Applied 09/. $0 TOTAL REMAINING PARTICIPATION $0 AFTER IN-KIND CONTRIBUTION The estimated total participation by Local Government is$66,000.00,plus 100%of overruns. Total estimated payment by Local Government to State is$4,620.00 . 'Local Government's first payment of$2,772 is due to State within 30 days from execution of this contract. Z Local Government's second payment of$11848 is due to State within 60 days prior to the Construction contract being advertised for bids. 31f ROW is to be acquired by State,Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20%or greater,unless In-Kind,EDC adjustments or TDCs are applied. This is an estimate,the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are$264,000.00. AFA-LPAFA_TAP Page 2 of 2 Attachment C SC GO O� U AGENDA MEMORANDUM NOORPONPS E 1852 First Reading for the City Council Meeting of September 27, 2016 Second Reading for the City Council Meeting of October 11, 2016 DATE: September 6, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement Schanen Hike and Bike Trail CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive with the City's local participation in the amount of$8,904 for reimbursement of direct state costs associated with the project. PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive. The required funding is for payment to TXDOT for their oversite of the design, right of way, environmental, utilities and construction of the project as applicable and listed in the AFA. BACKGROUND AND FINDINGS: This is a multiple phased project to construct a 10ft wide 3.5 mile long off-street hike and bike trail along the Schanen Ditch from Yorktown on the southern end and Flynn Parkway/Tiger Lane intersection on the north. The new trail provides off-street connectivity of numerous neighborhoods, community parks and a safe route to local schools. As with previous phases, this is a joint City/TxDOT project with matching funds of 20/80 respectively for construction only. This item provides the Advanced Funding Agreement for this phase of the project. The State match for this project was approved as part of the Metropolitan Planning Organization's (MPO) Transportation Alternatives Program (TAP) approved in 2016. The City will fund and complete the design with coordination and approval by TxDOT. The construction will be awarded and managed by the City with monthly reimbursements from TxDOT. The design is currently approximately 80% complete with advertisement of the construction bid documents planned in October. This phase extends the trail from Saratoga to Killarmet Drive. Previous phases are now complete from Yorktown Blvd to Saratoga Blvd. There are two remaining sections planned; the off-street trail along Schanen Ditch from Killarmet Drive to the Flynn Parkway/Tiger Lane intersection, and multi-use path (sidewalk) adjacent to Corona Drive from the intersection of Tiger Lane east to Everhart. The remaining off-street trail along the Schanen Ditch is pending additional funding. The multi-use path (sidewalk) adjacent to Corona Drive is programmed as part of the Bond 2014 Proposition 1 Corona Street Improvement project (Tiger Lane to Everhart). ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: Fiscal Year Project to Date 2016-2017 Budget and Current Year Future Years TOTALS Expenditures Budget $289,556 $289,556 TxDOT Projected 473,184 473,184 Participation Total Budget $762,740 $762,740 Encumbered / 55,184 55,184 -Expended Amount This item (TxDOT) 8,904.00 8,904.00 Future Anticipated Expenditures This 698,652 698,652 Project BALANCE I I $0 1 $0 Fund(s): Parks and Recreation CIP Bonds RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Project Budget Resolution Location Map Advance Funding Agreement Presentation PRELIMINARY PROJECT BUDGET Schanen Hike and Bike Trail - Phase 2 Bond 2018 & Bond 2012 PROJECT FUNDS AVAILABLE: Parks and Rec CIP ................................................................................................... $289,556 Texas Department of Transportation...................................................................... 473,184 TOTAL FUNDS AVAILABLE................................................................................ $762,740 FUNDS REQUIRED: Construction: Construction Estimate......................................................................................... $591,480 Contingency Estimate (10%)................................................................................ 59,148 Advance Funding Agreement (Texas Department of Transportation) THIS ITEM....... 8,904 Construction Inspection and Testing: Construction Inpsection (Estimate)......................................................................... 14,195 Construction Materials Testing (Estimate)............................................................... 12,000 Design: * Engineer (Martinez, Guy & Maybik, Inc.) ............................................................... 49,620 Design Phase - Geotechnical Study and Testing (Tolunay-Wong Engineers, Inc.)........... 5,564 Reimbursements: Total Reimbursements........................................................................................ 21,829 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget).. $9,500 Engineering Services (Project Mgt/Constr Mgt)....................................... 11,829 Misc. (Printing, Advertising, etc.)......................................................... 500 TOTAL............................................................................................................. $762,740 ESTIMATED PROJECT BUDGET BALANCE.......................................................... $0 * Amendment No. 2 for this work was administratively approved on March 1, 2016. Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next SECTION of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive with the City's local participation in the amount of $8,904 for reimbursement of direct state costs associated with the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive. 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 Schanen Ditch Hike and Bike Trail CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering Schanen Hike and Bike Trail Council Presentation September 27, 2016 Location Map Corpus Chr sti Engineering a Dr Project Location al •,0,6,4, ID • 2 Vicinity Map Corpus Chrsti Engineering I CORONA 0R. STREET I RECONSTRUCTION FUTURE I (BOND 2014 PROP. 1) PHASES I HOLLY RD UNDER DESIGN SARATOGA BLVD UNOER CONSTRUCTION r I r KLLARNETOR CONGRESSIONAL OR HIKE & BIKE TRAIL DEVELOPMENT - SCHANEN TRAIL Project Scope ti.4) Corpus Chr sti Engineering • Continuation of trail halfway toward Holly Rd. • Change in material to concrete from decomposed granite • Material change due to trail being in floodway due to space limitations • Project limits at Killarmet Dr. allows for access to Schanen Park and Tom Browne Middle School Construction Project Schedule Corpus Chrsti Engineering 2016 2017 Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Design Bid CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT MPO -Selected Off -System This Local Project Advance Funding Agreement ("LPAFA") is made between the State of Texas ("State"), acting through the Texas Department of Transportation, and City of Corpus Christi ("Local Government"), acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to State or Metropolitan Planning Organization ("MPO") a nomination form for consideration under the Transportation Alternatives Program ("TAP") for the project, which is briefly described as TAP Schanen Hike and Bike Trail ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law, 23 USC § 134 and 49 USC § 5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas. Tex. Transp. Code §§ 201.103 and 222.052 establish that State shall design, construct, and operate a system of highways in cooperation with local governments. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission ("Commission") passed Minute Order Number 114335 ("MO") dated August 27, 2015 awarding funding for projects in the 2015 TAP Program Call of the Corpus Christi MPO, including Project. The rules and procedures for TAP are established in 23 USC § 213, and 43 Tex. Admin. Code Subchapter 11.F. The governing body of Local Government has approved entering into this Agreement by resolution or ordinance dated {select date}, which is attached to and made a part of this Agreement as Attachment A. Therefore, State and Local Government agree as follows: AFA-LPAFA_TAP AGREEMENT Page 1 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development 1. Period of Agreement and Performance 1.1. Period of Agreement. The period of this LPAFA is as stated in the Master Agreement, without exception. 1.2. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement ("FPAA") for that phase of work. Local Government may not begin work until issued the State Letter of Authority ("SLOA") for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Termination of the Agreement 2.1. This Agreement may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice; or c. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. 2.4. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: a. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex. Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. AFA-LPAFA_TAP c. Local Government withdraws from participation in Project. d. State determines that federal funding may be lost due to Project not being implemented and completed. e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. Page 2 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development g. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. 2.5. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project, and Project Location 4.1. The scope of work for Project (located as shown in Attachment B, Project Location Map) consists of: Construction of a 10' decomposed granite shared use path located along Shea Parkway from Saratoga Blvd. to Killarmet Drive.. 4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 5. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR § 24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of (1) State, if the real property is to be made part of the State Highway System, and (2) Local Government, otherwise. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. 5.4. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the AFA-LPAFA_TAP Page 3 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. For State -selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. 5.9. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex. Admin. Code § 11.317. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. 5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed, or AFA-LPAFA_TAP Page 4 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development relocated before the scheduled beginning of construction. Unless specified in (1) the nomination form approved by State or MPO in consultation with State and (2) this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TAP participation if: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) TAP funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. 7.4. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services; and with Tex. Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State -selected projects, architectural and engineering services are not eligible for TAP reimbursement. 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. AFA-LPAFA_TAP Page 5 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development 8.2. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. 8.3. When architectural and engineering services are provided by or through State, then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. 9.5. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.B. 9.6. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be AFA-LPAFA_TAP Page 6 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro -rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. 10.3. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. 10.4. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. A Project Budget Estimate and Source of Funds is provided as Attachment C, showing the total estimated development cost of Project. This estimate shows the itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. 11.2. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through State, Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project. State in its discretion may deny reimbursement if Local Government has not designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C. Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or MPO in consultation with State AFA-LPAFA_TAP Page 7 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development to Project. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement ("FPAA"), or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. 11.6. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost. 11.7. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. 11.8. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation." The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. 11.9. Upon completion of Project, State will perform an audit of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. If after final Project accounting, any excess funds remain, those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. 11.10. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re -plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under AFA-LPAFA_TAP Page 8 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development this Agreement 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. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. 11.15. 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 State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County ("EDC") and if State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 13. 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. 14. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this LPAFA. When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality, State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. AFA-LPAFA_TAP Page 9 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development 15.4. Local Government shall follow all other parts of 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 Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. 15.5. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. 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. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). 15.6. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) 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. 16. Debarment Certifications 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, 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 Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. 17. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: 17.1. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal 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. 17.2. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete AFA-LPAFA_TAP Page 10 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17.3. The parties shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC § 1352 for making or entering into this transaction. 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. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 19. Federal Funding Accountability and Transparency Act Requirements 19.1. 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.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management ("SAM") number (Federal Acquisition Regulation ("FAR") Subpart 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/ b. Obtain and provide to 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 c. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA-LPAFA_TAP Page 11 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development 20. Single Audit Report 20.1. 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 Part 200. 20.2. 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. If expenditures are less than the threshold during Local Government's fiscal year, 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 20.3. For each year Project remains open for federal funding expenditures, 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 Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Civil Rights Compliance 21.1. 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 (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 21.2. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of 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. 21.3. 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 equipment, each potential subcontractor or supplier will 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. 21.4. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations and instructions. 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 FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. AFA-LPAFA_TAP Page 12 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development 21.5. 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 FHWA 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. cancelling, terminating, or suspending of the contract, in whole or in part. 21.6. Incorporation of Provisions: The Local Government will include the provisions of paragraphs 21.1 through 21.6 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 action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if Local Government becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 22. Pertinent Non -Discrimination Authorities During the performance of this contract, the Performing Agency, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: 22.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 22.2. 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). 22.3. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). 22.4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. 22.5. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). 22.6. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). 22.7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). AFA-LPAFA_TAP Page 13 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development 22.8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 22.9. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). 22.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. 22.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). 22.12. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA_TAP Page 14 of 15 Revised 2016-08-19 CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated opposite that party's signature. AFA-LPAFA_TAP City of Corpus Christi Date: By: Margie C. Rose City Manager THE STATE OF TEXAS Date: By: Kenneth Stewart Director of Contract Services Texas Department of Transportation Page 15 of 15 Revised 2016-08-19 AFA-LPAFA_TAP CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT Page 1 of 1 Attachment A 1e1 coot fs" CHRISTI BAY PROJECT LOCATION SCHARER DITCH HIKE & BICE TRAIL—PHASE U SCALE N,T.S. LExA$ £&h4 LMWQRSAY CORPVS C1' ISTD CCRpVS Cr=F NAVAL AIR S FLOUR BLUFF. SOWER DITCH HIKE & BIKE TRAIL—PHASE 1 LOCAT(N MAP LAGUNA MADRE itt SUBJECT: CITY OF CORPUS CHRISTI SCHANEN DITCH HIKE & BIKE TRAIL - PHASE II I= Traffic Engineering Rkvs+en Street Operations Department CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP AFA-LPAFA_TAP Page 1 of 1 Attachment B CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS LG Lets Project to Construction Work Performed by Local Government ("LG") Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction $591,480.00 80% $473,184.00 0% $0 20% $118,296.00 In-kind donation Value (Add to Total Project Cost - 20% Maximum value) $0 0% $0 0% $0 0% $0 Work by LG Subtotal $591,480.00 $473,184.00 $0 $118,296.00 Work Performed by the State (Local Participation paid up front by LG to TxDOT) Preliminary Engineering) $0 0% $0 0% $0 0% $0 Environmental Cost1 $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction2 $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 1 of 2 Attachment C CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FH WA CFDA #: 20.205 Not Research and Development Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Preliminary Engineering) $16,029.00 80% $12,823.20 0% $0 20% $3,205.80 Environmental Cost1 $3561.00 80% $2,848.80 0% $0 20% $712.20 Right of Way1 $3561.00 80% $2,848.80 0% $0 20% $712.20 Utilities) $3561.00 80% $2,848.80 0% $0 20% $712.20 Construction2 $17,808.00 80% $14,246.40 0% $0 20% $3,561.60 Direct State Costs Subtotal $44,520.00 80% $35,616.00 20% $0.00 20% $8,904.00 Indirect State Cost $33,950.00 $33,950.00 TOTAL PARTICIPATION $669,950.00 $508,800.00 $33,950.00 $127,200.00 In-kind Contribution Credit Applied 0% $0 TOTAL REMAINING PARTICIPATION AFTER IN-KIND CONTRIBUTION $0 The estimated total participation by Local Government is $127,200.00, plus 100% of overruns. Total estimated payment by Local Government to State is $8,904.00. 1Local Government's first payment of $5,342.40 is due to State within 30 days from execution of this contract. 2 Local Government's second payment of $ 3,561.60 is due to State within 60 days prior to the Construction contract being advertised for bids. 31f ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20% or greater, unless In -Kind, EDC adjustments or TDCs are applied. This is an estimate, the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are $508,800.00. AFA-LPAFA_TAP Page 2 of 2 Attachment C AGENDA MEMORANDUM Future Item for the City Council Meeting of September 27, 2016 Action Item for the City Council Meeting of October 11, 2016 DATE: September 27, 2016 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director Solid Waste LawM c(�cctexas.com (361) 826-1972 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361) 826-3176 Street Sweeping Services CAPTION: Motion approving a service agreement with Coastal Maintenance Concepts, LLC, of Corpus Christi, TX for Street Sweeping Services in accordance with RFB No. 128, based on the lowest, responsive responsible bid. The annual agreement will be for $466,297.50. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the contractor and the City Manager, or designee. Funding will be budgeted in FY16-17. PURPOSE: To provide Street Sweeping Services for the City of Corpus Christi. BACKGROUND AND FINDINGS: Street sweeping services will be performed for the City's state and arterial streets and the Downtown/Uptown/North Beach areas in continuation with locations historically cleaned. The contractor will ensure effective sweeping by removing floatable litter, grass, mud, dirt glass or any other item not permanently attached to the curb, in an effort to minimize the pollutants that enter the drainage system ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Storm Water/Solid Waste FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $5,456,160.61 $466,297.50 $5,922,458.11 Encumbered / Expended Amount $3,421,017.48 $0.00 $3,421,017.48 This item $0.00 $466,297.50 $466,297.50 BALANCE $2,035,143.13 $0.00 $2,035,143.13 Fund(s): Storm Water/General Fund Comments: $466,297.50 will be requested during the normal FY 2016/2017 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 128 STREET SWEEPING Recorded by Jamye Clark Coastal Sweeping Services Coastal Maintenance Concepts ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Inside Lanes, Turning Island 336 Mile $109.88 $36,919.68 $58.75 $19,740.00 2 Street Sweeping Arterial Streets 5418 Mile $109.88 $595,329.84 $58.75 $318,307.50 3 Street Sweeping -Seal Coat Clean 250 Mile $45.00 $11,250.00 $75.00 $18,750.00 4 Street Sweeping Downtown 1656 Mile $30.43 $50,392.08 $58.75 $97,290.00 5 Sweeping Bike Lanes 144 Mile $1.00 $144.00 $58.75 $8,460.00 6 Unscheduled Sweeping 50 Mile $210.00 $10,500.00 $75.00 $3,750.00 TOTAL: $ 704 535.60 $ 466 297.50 SERVICE AGREEMENT NO. 776 Street Sweeping THIS Street Sweeping Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Coastal Maintenance Concepts, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Street Sweeping in response to Request for Bid/Proposal No. 128 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Street Sweeping ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $466,297.50, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Lawerence Mikolajczyk Solid Waste Department 361-826-1972 LawM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Lawrence Mikolajczyk Director of Solid Waste 2525 Hygeia, Corpus Christi, TX ;78415 Fax: 361-826-1971 IF TO CONTRACTOR: Coastal Maintenance Concepts, LLC Attn: Byron Sharon Managing Partner 3540 Agnes Street, Corpus Christi, TX 78405 Fax: 361-884-6505 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: ,a 51nc>!,r-b1•1 Title: Date: //iLQ CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 128 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A- SCOPE OF WORK 4.1 General Requirements/Background Information The Contractor shall provide Street Sweeping as outlined in this Scope of Work. 4.2 Scope of work A. This Scope contains minimal general, functional and performance requirements for cleaning and sweeping city streets. B. Contractor is to provide all elements for a turnkey maintenance project including, but not limited to, all necessary equipment, labor, supervision, insurance and safety devices. C. The Contractor shall clean street areas removing all dirt, mud, silt, sand, paper, rocks, cans, glass, and other debris between all curbs, gutters, median curbs, road shoulders, gore points (corners of medians), turning lanes, intersections and underpasses located in the City to the satisfaction of the Contract Administrator. (All of the above areas are hereinafter called "Streets.") Cul -De -Sacs, curb returns (radii) and curb "bulb outs" of streets will be swept along their entire length and free of debris on scheduled sweep days. Storm drain inlets are to remain free of debris and not collect sweeping debris during operations of the curb sweeping process. Due to its continuous efforts to improve public streets, the City cannot guarantee that the current street configuration of any streets designated for sweeping will not change during the term of the contract. Despite any such changes to street configuration, Contractor shall continue to perform at the most current price under the terms of the contract. D. All debris collected by the Contractor becomes the property of the Contractor and it is the Contractor's responsibility to dispose of such debris in compliance with all local, state and federal requirements. Proof of same (disposal tickets or invoices) shall be provided to the Contract Administrator on a monthly basis. All costs for water use and debris disposal shall be borne by the Contractor. E. Streets to be cleaned are outlined as shown on attached map and a List of Streets are also attached for reference. Areas to be swept include: - DOWNTOWN/ UPTOWN/NORTH BEACH AREA Page 1 of 13 - ARTERIAL/ STATE STREETS - BIKE LANES - CITY HALL PARKING LOTS - INSIDE LANES F. Streets will be cleaned at the following frequencies (at the sole discretion of the Contract Administrator, streets may be reclassified during the term of the contract to compensate for changes, including, but not limited to: higher traffic volume, greater volume of debris and unevenness of curb/street. At the sole discretion of the Contract Administrator, curb miles may be added or deleted): 1. All streets mapped in the Downtown/Uptown/North Beach Area on attached Map, shall be cleaned on 10 day sweep cycle = 36 sweeps per year, except during inclement weather. 2. All streets mapped as Arterial/State Streets on attached Map, shall be cleaned 20 day sweep cycle - 18 sweeps per year, except during inclement weather. 3. All streets mapped as Bike Lanes on attached Map, shall be cleaned on 20 day sweep cycle = 18 sweeps per year, except during inclement weather. 4. All streets mapped as Inside Lanes on attached Map, shall be cleaned on 30 day sweep cycle = 12 sweeps per year, except during inclement weather. G. The City may require unscheduled sweeping service as a result of accidents, citizens' requests, special events, etc. The contractor shall comply with such requests as follows: 1. During scheduled hours of operation (Monday through Friday 8:00 a.m. to 5:00 p.m.) the Contractor shall begin sweeping no more than one hour subsequent to the City making such request. 2. During unscheduled hours of operation (all other times not covered above) the Contractor shall begin sweeping no more than three hours subsequent to the City making such request. 3. Payment for such unscheduled services shall be for the time worked at a stipulated bid rate for unscheduled sweeping. Page 2 of 13 H. The City may also require use of the Contractor's services for seal coat clean up in conjunction with the City's Chip/Seal Program. The use of equipment for this purpose will be bid and paid at the bid rate for unscheduled sweeping. The City will request equipment needed two work days in advance, indicating the location and time to report for each work day. The Contractor shall honor all such requests. I. All operations described herein shall be conducted by the Contractor's personnel and the expense of all such operations shall be borne by the Contractor. J. The Contractor is required to have a competent and experienced supervisor/foreman on duty during each shift (nights and days) when work is being performed under this contract. The supervisor/foreman may be a sweeper operator. K. SAFETY: 1. Applicable provisions of the following shall be incorporated into the specifications for this project: a. Texas Manual on Uniform Traffic Control Devices. b. Texas State Highway Standard Specifications. c. Occupational Health and Safety laws. d. Federal, State and Municipal acts, statutes, rulings, ordinances, decisions and regulations relative to performance of the contract. 2. The importance of safety cannot be over -emphasized. At its sole discretion, the City reserves the right to disallow payment for any work performed where the proper safety precautions were not observed. 3. The safety of the public and the convenience of traffic shall be regarded as of prime importance. Unless otherwise provided herein, all portions of streets shall be kept open to traffic. All equipment and personnel will move in the same direction as traffic at all times during all cleaning operations. The Contractor will be required to have a chase truck that follows the sweeper protecting it from rear end collision accidents. 4. Provisions for directing traffic will be paid for by the Contractor. 5. The Contractor shall hire competent drivers and properly train them. Contractor shall investigate the driving records of its drivers prior to and during their employment, and shall ensure that unsafe drivers do Page 3 of 13 not provide services under the terms of the contract to which these specifications apply. Contractor shall maintain strict rules against the use of alcohol, drugs and other intoxicants by its employees. For the purposes of these specifications, a driver whose driving record reflects the following citations within the last three years shall be deemed an "unsafe driver": a. Moving violations for excess acceleration or reckless driving b. DWI. c. Furthermore, in the event an individual providing services for the Contractor during the effective dates of the contract relating to this specification, is convicted of DWI, the Contractor shall immediately prohibit said individual from providing services under the terms of the contract relating to this specification. L. WEATHER: 1. For the purpose of this contract, the National Weather Service of Corpus Christi, Texas, shall be the weather forecasting and reporting agency. Any forecast by the National Weather Service shall be deemed to extend only 12 hours into the future. 2. Cleaning operations shall not be conducted when there are climatic conditions present or forecast that would make such operation ineffectual or dangerous. These climatic conditions are termed inclement weather and include, but are not limited to: heavy rains, snow, ice and sleet. 3. The Contractor may suspend operations during inclement weather. If such suspension occurs, the Contractor shall immediately notify the Contract Administrator. 4. The Contract Administrator shall have the right to order suspension of cleaning operations whenever, in his/her judgment, inclement weather exists or is forecast to occur, such that cleaning operations cannot be carried out in an effective manner. 5. The Contractor shall obtain approval from the Contract Administrator prior to making any alteration(s) to his/her route list due to inclement weather. 4.3. FUNCTIONAL REQUIREMENTS: A. EQUIPMENT AND MAINTENANCE: The equipment used for cleaning shall be of sufficient type, capacity and quantity to safely and efficiently perform the street cleaning work as specified herein. Page 4 of 13 1. EQUIPMENT - Equipment shall consist of Brush/Vacuum, Mechanical or Regenerative Air, or may be a combination of these types of street sweeping vehicles equipped with gutter broom(s) capable of dislodging crusted debris from road surfaces, a water tank with proper spray assemblies for dust control, a pickup mechanism capable of removing debris from the roadway and a dirt hopper with sufficient capacity (eight cubic yard minimum capacity) to allow operation to progress with minimum interference when sweeping streets in traffic. Other types of cleaning and sweeping equipment, as well as hand labor, shall be provided where deemed necessary and approved by the Contract Administrator. The equipment, tools and machinery shall be at the work -site in good repair and operating condition and approved by the Contract Administrator prior to commencement of work. If at any time, the Contract Administrator determines any equipment is defective to the point that it may affect the quality of the work, that equipment shall be immediately repaired or replaced. 2. The Contractor is responsible for supplying their own water, and for purchasing all equipment necessary to obtain all water required for dust control and clean up, including, but not limited to an approved water meter, backflow preventer and cradle necessary to support the meter and backflow preventer. 3. The Contractor shall ensure all dust suppressor equipment is maintained and working efficiently at all times. All sweepers must be equipped with dual steering and dual brooms. Arrow boards are to be used on all street sweepers. 4. The Contractor shall provide a list of all equipment (including support equipment) to be used by the Contractor. All such equipment is subject to inspection by and final approval of the City. Such approval may require the Contractor to provide on-site demonstration of the capability of any proposed equipment. The City will allow the Contractor a reasonable lead-time to obtain equipment requisite to provision of the services described herein, however, the Contractor shall commence work with its existing equipment. Prior to commencing work with its existing equipment and within 15 days following award of this contract, the Contractor shall meet with the Contract Administrator and shall submit a route list schedule in which the Contractor describes how its existing Page 5 of 13 equipment shall be utilized. The Contractor shall secure the Contract Administrator's approval of said route list schedule prior to commencing any work described therein. 5. All vehicles used by the Contractor must be no older than 5 years old and considered performance -worthy by visual and operational inspection. Sweeper brooms must be washed once per day, inclement weather excepted, and all other equipment, a minimum of once per week. The City shall have the right to perform a complete inspection of all vehicles at any time during the term of the contract. Should any vehicle, when inspected, in the determination of the City, not meet those standards the City feels are necessary to provide the services specified herein or to operate safely, the City may require the Contractor to bring such vehicle to standard before the Contractor may return such vehicle to service. 6. MAINTENANCE - The Contractor must demonstrate evidence of an adequate service facility to ensure scheduled routine maintenance, as well as inventory of a sufficient supply of brooms and replacement parts to ensure the uninterrupted provision of cleaning services described herein. B. SCHEDULES: 1. Each Friday during the scheduled cleaning cycle, the Contractor shall prepare route lists for the upcoming two weeks and deliver said schedule to the Contract Administrator. If such Friday is a holiday, the Contractor shall prepare and deliver to the Contract Administrator, said schedule, on the workday preceding that Friday. 2. On a daily basis, during the scheduled cleaning cycle, the Contractor shall submit to the Contract Administrator for inspection and approval, a report of the actual work completed. 4.4. PERFORMANCE REQUIREMENTS: A. TIME OF OPERATION: All cleaning operations for the Downtown/Uptown/North Beach areas shall be performed between 11:00 p.m. through 7:00 a.m. Cleaning operations for arterial and state streets shall be performed between the daytime hours of 8:00 a.m. and 5:00 p.m. with the following provisions: Page 6 of 13 1. Arterial streets that have little or no impact on residential areas may be swept at night to increase safety and the efficiency of sweeping operations. 2. State streets may be cleaned at night, as approved by the Contract Administrator, but if cleaned during the day, they must be cleaned between 8:00 a.m. and 5:00 p.m. 3. Work on weekends from 7:01 a.m. Saturday to 11:00 p.m. Sunday is expressly prohibited without the prior written consent of the Contract Administrator. 4. No daytime cleaning shall be permitted on Memorial Day, Independence Day, Labor Day, Election Day, Thanksgiving Day, Christmas Day or New Year's Day. 5. The elimination of these sweeping days does not relieve the Contractor of its obligation to provide scheduled sweeping. 6. Streets listed in the Downtown/Uptown/North Beach area may be required to be cleaned at other hours, but only with approval from the Contract Administrator. B. DEBRIS: Collection and transportation of debris from the streets to the disposal site shall be the responsibility of the Contractor. The Contractor shall ensure all debris cleaned from the gutter is removed and loaded onto the hopper of the street sweeper. Excessive displacement of debris into the atmosphere (dust clouds), or onto the street (debris "windrow") is not acceptable. 1. The Contractor shall dispose of silt, mud/debris and floatable trash in compliance with paint filter test method and local, state and federal requirements. Written proof (disposal tickets or invoices) of said disposal shall be provided to the Contract Administrator on a monthly basis. 2. The Contractor shall be solely responsible for seal coat disposal in compliance with local, state and federal requirements. Written proof (disposal tickets or invoices) of said disposal shall be provided to the Contract Administrator on a monthly basis. 3. The Contractor shall deposit all debris collected from sweeping in compliance with all local, state and federal requirements. The Contractor is responsible for payment of all disposal fees, including, but not limited to: licenses, permits, penalties and citations. Copies of disposal tickets will be turned in with each monthly invoice. Page 7 of 13 4. The Contractor shall perform all handwork required to provide an efficient cleaning operation. The Contract Administrator shall have the right to identify for the Contractor those areas where handwork should be performed. C. DEFINITION OF CLEAN: For the purposes of this specification, clean is defined as a clear concrete surface free from any debris. No item shall be left on the surface including asphalt, floatable litter, caked mud, dirt, glass or any other item that is not permanently attached to the curb. The successful Contractor shall make every practical effort to attain this level of service. The Contract Administrator may allow for deviations from this definition due to street/curb conditions which may prevent the Contractor from attaining this level of service. D. CONDITION OF STREETS: At no time does the condition of the street relieve Contractor from sweeping responsibilities. The City recognizes that not all streets to be swept are in good repair. In those locations where streets are severely buckled, rolled, or in which the asphalt along the curb line is disintegrating, the Contractor will be expected to make the best effort possible to remove debris to a clean concrete finish. This may entail use solely of the vacuuming capabilities of the Contractor's equipment or handwork at the Contract Administrator's sole discretion. Inspections of work performed will take into consideration the condition of the streets. E. VERIFICATION OF WORK: 1. Within 15 days following award of this contract, the Contractor shall meet with the Contract Administrator to review the contract and make any necessary changes to the route lists and/or Contractor's work plan. Prior to commencing work, all listed routes shall be updated, in writing, by the Contractor, and, as approved by the City, shall thereafter become the basis for: a. The Contractor's cleaning routes, b. Tonnage -of -debris -removed report, c. The Department's inspection of cleaning, d. The invoicing for curb miles completed and e. Payment by the City for services rendered. 2. The Contractor shall not make any subsequent changes or revisions to the route lists without obtaining the express written consent of the Contract Administrator prior to making such change or revision. Page 8 of 13 3. The Contract Administrator will monitor, verify and approve the Contractor's work performance. All streets cleaned by the Contractor must present an appearance that is completely satisfactory to the Contract Administrator, as defined herein. 4. Any deficiency in the Contractor's performance shall be reported in writing by the City to the Contractor. Such deficiencies shall be corrected by the Contractor no later than 24 hours following the Contractor's receipt of such notice. 5. The Contract Administrator shall maintain a daily log of completed work and will verify completion of the Contractor's work with the Contractor once per week. 6. In the event a street rehabilitation or improvement project is under construction or will be under construction where cleaning is scheduled, that portion of the cleaning cycle will be deleted from the appropriate route lists at the direction of the Contract Administrator. If applicable, the section(s) of streets deleted will be re-entered at the first scheduled cleaning cycle following completion of the construction work. The Contractor shall not be paid for portions deleted from the route lists. 7. Prior to re-entering any such street into the cycle, a field inspection shall be made by the Contract Administrator and the Contractor to determine what cleaning will be allowed additional compensation by the City for initial cleaning of a re-entered street following rehabilitation or construction. 8. In addition to the procedure for verification of work performed as described herein, the Contractor shall lend to the Contract Administrator, that assistance requested by the Contract Administrator, with respect to verification of work performed. Contractor will maintain detailed written records of work performed during the term of the contract. F. PAYMENT: 1. Payment for street cleaning shall be made by the contract unit price per curb mile actually cleaned, upon completion of a cleaning cycle. 2. Request for partial payment may be made, forwarded to the City for approval, and shall include the following: a. Invoice showing curb miles cleaned, cycle completed and an extension in dollars at the quoted cost. Page 9 of 13 b. Copy of the route lists for the invoiced period showing the date each street was cleaned, the total mileage for the period and the signature of the Contractor's representative. c. The amount of debris picked up. 3. No payment shall be made for any service other than the number of curb miles cleaned or completion of a cleaning cycle. G. PERFORMANCE: 1. Primary objectives of the street sweeping program are: a. Contractor will comply with specific requirements of the City's Texas Pollutant Discharge Elimination System (TPDES) Municipal Separate Storm Sewer System (MS4) Permit. Contractor shall notify Contract Administrator immediately of any Pollution Discharge entering into storm drains as a result of Contractor performance. Failure to comply with City notification may result in termination of contract and/or criminal charges to Contractor. The Contractor shall be responsible for the costs and liabilities imposed by law as a result of the Contractor's failure or negligence in complying with the provision set forth in this section. For the purpose of this section, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the City or the Contractor, including those levied under the Clean Water Act. b. Establish and adhere to a regular schedule of performance. c. Maintain gutter flow lines free of debris for free flow of water. d. Sweeping speed shall be adjusted to street and debris condition as recommended by the manufacturer. Streets swept while driver exceeds manufacturer's recommendation will be re - swept in their entirety at Contractor's expense. e. Contractor shall use all reasonable methods to minimize dust emissions during the performance of the contract. No separate payment will be made for any work performed or material used to control dust resulting from Contractor's performance of the work, or by public traffic, either inside or outside City right-of- way. f. Sweeping shall normally consist of a single pass over an area. Contractor will make as many additional passes or such extra effort as may be required to adequately clean the street. The Contractor shall hand remove and hand sweep all debris in all specified areas that is not vacuumed up by the street sweeper. This removal shall occur during daylight hours in accordance Page 10 of 13 g. with the specified safety requirements. The City shall have the right to identify for the Contractor those areas where hand work should be performed. Obstructions such as small tree limbs and rocks will be removed from sweeping path and hauled away by Contractor rather than by-passing the area or placing the obstructions on rights-of-way. Larger obstructions such as impaired vertical and/or horizontal clearance by tree limbs, fallen tree limbs, construction equipment or materials, and/or other similar items shall be reported to the Contract Administrator. Contractor will make every reasonable effort to minimize streaks (i.e., debris in path of travel) left by sweepers. h. Inspections shall be performed on a regular basis, as well as spot checks and response to complaints. i. Contract Administrator shall decide adequacy of sweeping. In the event that results of a sweep are considered to be unsatisfactory, Contractor shall re -sweep unsatisfactory area(s) at Contractor's expense within 24 hours after notification. k. City reserves right to withhold payment for missed, incomplete or unsatisfactory sweeping performance. H. FAILURE TO PERFORM: 1. It is essential to complete all cleaning cycles within the time limits specified. Contractor agrees that the failure to complete all cleaning cycles within the time limits specified will cause the City to incur damages that are difficult to compute and ascertain. Therefore, the Contractor agrees that liquidated damages may be assessed and recovered by the City against the Contractor in the amount of $300.00 for each month that all cleaning cycles have not been completed as described in the following paragraph. Such liquidated damages are intended to represent the estimated actual damages and are not intended as a penalty, and the City shall withhold the amount from Contractor's monthly invoice. Such liquidated damages shall not limit the City's right to terminate the contract for default. 2. Any streets not completed in a given month or cycle which areas were not cancelled by the Contract Administrator will be the first to be swept at the beginning of the next month or cycle. Thus, Contractor shall sweep the streets which were not swept during a given month or cycle at the start of the next month or cycle before Page 11 of 13 any other streets are swept. Contractor must sweep all streets during the next month or cycle. Contractor's failure to sweep all streets during the next month or cycle will result in liquidated damages being imposed against Contractor as described in the previous paragraph. Areas which were not swept due to acts of God will be swept at the beginning of the next cycle or month. 3. If any inspected areas are rejected by the City for Contractor's failure to meet performance expectations, Contractor shall re -sweep the rejected areas to meet performance expectations. Contractor shall not be paid for any areas that fail to meet performance expectations after a second inspection by the City. 4. Actions constituting a material breach of this contract shall include, but are not limited to a failure to satisfactorily complete cleaning, as defined herein, required for any given cycle in the allotted time frame. I. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 12 of 13 Attachments to Scope of Work • Street Sweeping Contract Areas Map • Bike Lanes/Inside Lanes Street List • Downtown/Uptown/North Beach Street List • Arterial/State Street List Page 13 of 13 NUECES BAY CORPUS CHRISTI BAY VAIIISSINA MAmm EM AMAIN I, 2� - k�Ein Rug r p o 0 0 00 - Downtown Street Sweeping - State Sweeping - Arterial Street Sweeping GULF OF MEXICO BIKE LANES / INSIDE LANES BIKE LANES Street Name From To Length Zip Code YORKTOWN CIMMARON BLVD. BAY DR 4857 78413-78414 WEBER YORKTOWN CHAPMAN RANCH 1985 78413-78415 COMMODORES COMPASS AQUARIUS 1385 78418 SEA PINES PARK RD 22 EL SOCORRO 4185 78418 UP RIVER RD. MCKINZIE MORROW 8265 78410 FOOTAGE 20,677 TOTAL FOOTAGE X 2 41,354 TOTAL MILES / 5280 8 (20 day sweep cycle = 18 sweeps per year) INSIDE LANES/TURNING ISLANDS ENNISJOSLIN OCEAN DR SPID 12265 78412 SARATOGA BLVD RODDFIELD RD HWY 286 32695 78413-78414-78415 YORKTOWN BLVD CIMARRON WEBER RD 18680 78413-78414 STAPLES ST OSO PKWY SARATOGA BLVD 10950 78413-78414 FOOTAGE 74,590 TOTAL FOOTAGE X 2 149,180 TOTAL MILES / 5280 28 (30 day sweep cycle = 12 sweeps per year) Downtown/Uptown/North Beach YEAR 2016 Street Name From To Length Zip Code ALAMEDA N KINNEY LIPAN 1,695 78401 ANTELOPE E STAPLES N UPPER BROADWAY 1,815 78401 ARTESIAN BLUCHER LEOPARD 1,150 78401 BELDEN BROADWAY N CONCRETE 2,279 78401 BLUCHER STAPLES N UPPER BROADWAY 1,450 78401 BROADWAY LOWER LIPAN TWIGG 2,060 78401 BROADWAY UPPER COOPER'S ALLEY INTERSTATE 37 2,875 78401 BUFFALO ARTESIAN UPPER BROADWAY 1,435 78401 CALDWELL N ALAMEDA N STAPLES 560 78401 CARANCAHUA N KINNEY BUFFALO 2,790 78401 CARRIZO ST BLUCHER DEAD END E 2,255 78401 CARRIZO ST COMANCHE BLUCHER 300 78401 CHAPARRAL KINNEY MESQUITE 6,960 78401 COMANCHE ALAMEDA N CARANCAHUA 2,160 78401 COOPER'S ALLEY SHORELINE N T -HEAD 5,921 78401 FITZGERALD MESQUITE SHORELINE 5 1,250 78401 HIRSCH CHAPARRAL MESQUITE 250 78401 HUGHES SHORELINE 5 CHAPARRAL 740 78401 JOHN SARTAIN DR UPPER BROADWAY SHORELINE N 4,270 78401 KINNEY DEAD END 5 UPPER BROADWAY 2,540 78401 KINNEY UPPER BROADWAY SHORELINE N 1,025 78401 LAWRENCE ST UPPER BROADWAY T -HEAD 5,586 78401 LEOPARD ST SAM RANKIN UPPER BROADWAY 2,860 78401 LIPAN ST SAM RANKIN UPPER BROADWAY 2,860 78401 MANN MESQUITE SHORELINE N 1,255 78401 MESQUITE HARBOR UPPER BROADWAY 6,746 78401 MESTINA UPPER BROADWAY ARTESIAN 1,070 78401 MUSSETT ALAMEDA N STAPLES 5 350 78401 PALO ALTO N CHAPARRAL SHORELINE N 480 78401 PEOPLES SHORELINE N T -HEAD 5,506 78401 POWER MESQUITE SHORELINE N 1,260 78401 RAMIREZ ALAMEDA N EXPRESSWAY 1,577 78401 RESACA CHAPARRAL SHORELINE N 950 78401 SAM RANKIN CALDWELL INTERSTATE 37 1,960 78401 SCHATZEL UPPER BROADWAY SHORELINE N 2,380 78401 SHORELINE N PEARL COASTAL 1,100 78402 SHORELINE 5 FURMAN HUGHES 7,740 78401 SHORELINE N FURMAN RESACA 7,990 78401 STAPLES N KINNEY EXPWY 2,955 78401 STARR ST LOWER BROADWAY SHORELINE N 1,580 78401 SURFSIDE PEARL BREAKER 2,450 78402 TANCAHUA 5 KINNEY DEAD END N 3,050 78401 TAYLOR ST UPPER BROADWAY SHORELINE N 1,850 78401 TWIGG LOWER BROADWAY SHORELINE N 1,870 78401 WACO ST KINNEY DEAD END N 2,455 78401 WATER ST KINNEY RESACA 5,998 78401 WILLIAMS ST LOWER BROADWAY SHORELINE N 1,500 78401 BURLESON SURFSIDE HWY 181 ACCESS 1,173 78402 BREWSTER MESQUITE CHAPARRAL 370 78401 FOOTAGE 122,701 TOTAL FOOTAGE X 2 245,402 TOTAL MILES / 5280 46 (10 day sweep cycle = 36 sweeps per year) ARTERIAL/STATE 2016 Street Name ' From To Length Zip Code SANTA FE HANCOCK ROBERTS 20,407 78404-78411 ALAMEDA 5 KINNEY ENNISJOSLIN 38,808 78404-78411-78412 PORT PORT-AYERSY N BROADWAY 22,387 78415-78404 BALDWIN LEOPARD HWY 9 STAPLES 19,853 78404 AYERS ST 5. STAPLES PORT-AYERSY 14,335 78404 GOLLI HAR BELM EADE GREENWOOD 26,637 78416-415-411-412 YORKTOWN CIMARRON WEBER 36,432 78413-78414 ENNISJOSLIN OCEAN DR SPID 21,120 78412-78414 RODDFIELD SPID SARATOGA 10,560 78412-78414 HORNE RD KOSTORYZ BROWNSVILLE 14,678 78416-78415 MORGAN OCEAN DR VERA CRUZ 13,464 78405-78404 AIRLINE OCEAN DR RODD FIELD 23,602 78412-78414 CIMARRON AIRLINE YORKTOWN 11,457 78414 SARATOGA (STATE) RODD FIELD W. OF CREEK BRIDGE 69,169 78414 LAREDO ST CARRIZO ST TWENTY FIRST 5,280 78405-78401 AGNES ST COOPERS ALLEY NPID 22,995 78401 LEOPARD ST SAM RANKIN UP RIVER ROAD 9,610 78401 NUECES BAY LEOPARD WEST BROADWAY 5,280 78408 STAPLES & (STATE) OSO PARKWAY KINNEY 68,989 78401-404-411-413 WEBER & (STATE) STAPLES 5 YORKTOWN 21,595 78413 DODDRIDGE OCEAN DR STAPLES 5 5,623 78411 HOLLY RD GREENWOOD RODD FIELD 33,924 78417-78415-78413 EVERHART RD ALAMEDA 5 050 PARKWAY 24,921 78411-78413 KOSTORYZ STAPLES 5 SARATOGA 19,114 78415-78411 AGNES PORT AIRPORT 20,803 78405-78401-78406 WALDRON RD PADRE ISLAND DR CARIBBEAN 12,856 78418 WHITE CAP BLVD DEAD END E DEAD END W 21,120 78418 WINDWARD DR DEAD END 5 ST. BARTHOLOMEW 5,940 78418 LEEWARD DR DEAD END 5 ST. BARTHOLOMEW 4,224 78418 OCEAN DR FURMAN UNIVERSITY 67,848 78401-404-411-412 GREENWOOD PORT AVE SARATOGA 22,176 78416-78417 McARDLE HOLMES DR AIRLINE RD 4,752 78416 AGNES (STATE) BUCKHOLT CLARKWOOD 3,591 78406 OCEAN DR AYERS LEMING 3,150 78404 OCEAN DR AYERS COLE 410 78404 OCEAN DR DEL MAR NAPLE 355 78404 OCEAN DR ATLANTIC SOUTHERN 330 78404 SANTA FE PALMERA INDIANA 3,110 78404-78411 ALAMEDA 5 AYERS INDIANA 3,350 78404-78411-78415 ALAMEDA AYERS OHIO 3,035 78404-78411 STAPLES ALAMEDA 5 OHIO 4,070 78401 STAPLES 10TH BROWNLEE 470 78404 STAPLES 17TH 18TH 360 78405-78404 BALDWIN STAPLES 5 OSAGE 9,085 78404 SWANTNER* STAPLES 5 OHIO 805 78404 AYERS ST 10TH BROWNLEE 315 78404 AYERS ST 15TH 16TH 320 78404 AYERS ST DATE FERN ST 1,080 78404 AYERS ST SHELY EDWARDS 325 78404 AYERS ST RICHARD WATSON 665 78415 PORT AVE SOUTHGATE MORGAN AVE 6,565 78405-78415-78416 PORT AVE SEGREST BRANNON 350 78408 PORT AVE STANLEY BALDWIN 210 78405 PORT AVE STANLEY ALAMO 585 78405 PORT AVE SAN JACINTO GOLIAD 285 78405 PORT AVE SARITA TARLTON 1,010 78405-78416 MORGAN AVE BRIGHT OSAGE 2,005 78405 MORGAN AVE BRIGHT ROSEWOOD 1,550 78405 GREENWOOD BALDWIN REYNA 845 78405 GREENWOOD BALDWIN PORT AVE 1,025 78405 LOUISIANA OCEAN DR STAPLES 10,620 78404 BROWNLEE LOUISIANA MORGAN AVE 5,180 78404 BROWNLEE ELIZABETH PRESCOTT 880 78404 KOSAR BALDWIN NAPLES 590 78404 BLEVINS AYERS NAPLES 1,325 78415 NAPLES BLEVINS PRICE ST. 2,315 78415 TARLTON AYERS EISENHOWER 5,030 78404 NINETEENTH DAVID/XTOWN NIAGARA 365 78405 MCKENZIE BROWNLEE TENTH ST 320 78404 FOOTAGE 795,840 TOTAL FOOTAGE X 2 1,591,680 TOTAL MILES / 5280 301 (20 day sweep cycle = 18 sweeps per year) Date: June 16, 2016 ATTACHMENT B- BID PRICE SCHEDULE CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 128 RFB SREET SWEEPING Authorized Bidder: Coastal Maintenance Concepts, LLC Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 19,740.00 1 Inside Lanes, Turning Island Mile 336 58.75 2 ST. Sweeping Arterial Streets Mile 5418 58.75 318,307.50 3 ST. Sweeping -Seal Coat Clean Mile 250 75.00 18,750.00 4 Street Sweeping Downtown Mile 1656 58.75 97,290.00 5 Sweeping Bike Lanes Mile 144 58.75 8,460.00 6 Unscheduled Sweeping Mile 50 75.00 3,750.00 Total 466,297.50 ATTACHMENT C- INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City' s Risk Manager and Contract Administrator, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City' s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, 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 $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk 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: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • 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, 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2016 Insurance Requirements Street Department Street Cleaning Contract 4/24/2016 ds Risk Management ATTACHMENT C- BOND REQUIREMENTS Payment and Performance Bonds are not required for this service agreement. ATTACHMENT D - WARRANTY Warranty not required for this service agreement. orms provioea by Texas Ethics Commission www.eth ics. state.tx. us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-74152 Date Filed: 06/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Coastal Maintenance Concepts, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Corpus Christi, 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. 128 Street Sweeping 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. CI 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. _ wolf_ 1 ..'''Mme MARGARITA G. BAYARDO MY COMMISSION EXPIRES ";, ,..'; I March 21, 2018 ignatu authorized agent of contracting business entity l` 4 S1 \Q rug , this the / 1 day of TNe , AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said ) Le , to certify which, witness my hand 22 '' 'I?x�ro Al and seal ot�fice. tea , A,k'! t1 tit i .3 ry i/1 6, Signa e of icer admini ring oath Printed name of offir administering oath Title of officer administering oath orms provioea by Texas Ethics Commission www.eth ics. state.tx. us Version V1.0.1021 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 27, 2016 Second Reading for the City Council Meeting of October 11, 2016 DATE: September 1, 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 Ordinance - Street Closure of Flynn Parkway, located at the southwest corner of Flynn Parkway and Holly Road CAPTION: Ordinance authorizing the City Manager or designee to abandon and vacate an undeveloped and unsurfaced 0.173 Acres portion of a 39 -foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 39 -foot wide public right-of-way to allow AEP Texas to expand the existing and abutting substation. BACKGROUND AND FINDINGS: AEP Texas (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 0.173 Acres portion of a 39 -foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, located at the southwest corner of Flynn Parkway and Holly Road. Staff recommends that payment of the fair market value be paid according to City Code, Sec. 49- 12 (c). The Owners have been advised of and concur with the conditions of the public street right- of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact AEP Texas ability to expand their existing substation abutting the Property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies objected to the public street right-of-way closure. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item Onetime Fee $22,607.64 $22,607.64 BALANCE $22,607.64 $22,607.64 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. Upon approval by the City Council and issuance of the ordinance, all grants of Street 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. b. In exchange for the City's grant of the Street closure the Owner agrees to provide the City with a one-time payment of $22,607.64 LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Maps Ordinance authorizing the City Manager or designee to abandon and vacate an undeveloped and unsurfaced 0.173 portion of a 39 -foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions. WHEREAS, AEP Texas (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 0.173 Acres portion of a 39 -foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, located at the south west corner of Flynn Parkway and Holly. This closure is being requested to allow AEP Texas to expand the existing and abutting substation. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 27, 2016, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 0.173 portion of a 39 -foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to AEP Texas (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 0.173 Acres portion of a 39 -foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, located at the south west corner of Flynn Parkway and Holly is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, Exhibit "B," which is the graphical representation for the metes and bounds description, and Exhibit "C" which is the location map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owner' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of Street 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. b. In exchange for the City's grant of the Street closure the Owner agrees to provide the City with a one-time payment of $22,607.64 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 CDS muerY ENGINEERS • SURVEYORS AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI, TX NUECES COUNTY, TEXAS 0.173 OF AN ACRE TRACT EXHIBIT "A" BEING a 0.173 of an acre tract of land lying in the E. Villareal Survey, Abstract 1, Nueces County, Texas, same being a portion of Flynn Parkway (39 foot wide right-of-way) as described by a plat of Schanen Estates Unit 2 and recorded in volume 22, page 63, Map Records of Nueces County, Texas, same also being described by a drawing (0.173 Acre Tract.dwg dated August 17, 2016) attached to and made part hereof and more particularly described as follows: BEGINNING at a 1/2" iron rod set with plastic cap stamped "CDS/MUERY S.A. TX." at the intersection of the south right-of-way line of Holly Road (varying width right-of-way) and the west right-of-way line of the aforementioned Flynn Parkway for the northeast corner of a 0.75 of an acre tract of land as described and recorded in volume 562, page 579, Deed Records of Nueces County, Texas, the most northerly northwest corner of the aforementioned Schanen Estates Unit 2, and the northwest corner of the herein described 0.173 of an acre tract; THENCE along the south right-of-way line of the aforementioned Holly Road and a north line of the aforementioned Schanen Estates Unit 2, S61°22'27"E a distance of 39.00 feet (Record — S61°01'40"E) to a 1/2" iron rod set with plastic cap stamped "CDS/MUERY S.A. TX." at the intersection of the south right-of-way line of said Holly Road and the east right-of-way line of the aforementioned Flynn Parkway for the northwest corner of a 100 foot wide drainage easement as described in the plat of said Schanen Estates Unit 2 and the northeast corner of the herein described 0.173 of an acre tract; THENCE leaving the south right-of-way line of the aforementioned Holly Road and a north line of the aforementioned Schanen Estates Unit 2, along the east right-of-way line of the aforementioned Flynn Parkway and the west line of the aforementioned drainage easement, S28°39'13"W a distance of 193.76 feet (Record — S29°W) to a 1/2" iron rod set with plastic cap stamped "CDS/MT_lERY S.A. TX." for the southeast corner of the herein described 0.173 of an acre tract; THENCE leaving the east right-of-way line of the aforementioned Flynn Parkway and the west line of the aforementioned drainage easement, N61°20'47"W a distance of 39.00 feet to a 1/2" iron rod set with plastic cap stamped "CDS/MUERY S.A. TX." in the west right-of-way line of said Flynn Parkway and the east line of the aforementioned 0.75 of an acre tract, from which a 1/2" iron rod set with plastic cap stamped "CDS/MUERY S.A TX." for the northeast corner of Lot 1, Block 11, of the aforementioned Schanen Estates Unit 2 and the southeast corner of said 0.75 of an acre tract bears S28°39'13"W a distance of 15.00 feet; Page 1 of 3 0.173 Acre Tract.docx August 17, 2016 341 I Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-1 III • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI, TX NUECES COUNTY, TEXAS 0.173 OF AN ACRE TRACT THENCE along the west right-of-way line of the aforementioned Flynn Parkway and the east line of the aforementioned 0.75 of an acre tract, N28°39' 13"E a distance of 193.74 feet (Record-N29°E) to the PLACE OF BEGINNING and containing 0.173 of an acre of land, all of which lies within the right-of-way limits of said Flynn Parkway. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, NAD 1983(2011), South Zone. THE STATE OF TEXAS KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR I, John T. Kubala, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision in January, February and August 2016. Date /7 TT' day of , ,,.,,v- 2016 A.D. Page 2 of 3 0.173 Acre Tract.docx August 17, 2016 JT. Kub9W Registered Professional Land Surveyor No. 4505 - State of Texas 3411 Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-1 1 1 1 • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 Exhibit "B" k/OT y ''/06,7, 4_6 D,r Y Pg. 3 of 3 LEGAL DESC. 0.173 ACRE TRACT.docx CDS JOB NO. 116013 BEARING BASIS: GRID NORTH COORDINATE SYSTEM: TEXAS STATE PLANE, NAD 1983(2011), SOUTH ZONE ALL DISTANCES SHOWN ARE SURFACE. (GRID X 1.00003 = SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY. NO VISIBLE EASEMENTS OR EASEMENTS OF RECORD ARE DEPICTED HEREON. opo `967 ? 07- '39 •00• se, F • c sL LEGEND 0 - 1 /2" IRON ROD SET WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." POB — PLACE OF BEGINNING R — PROPERTY LINES R.O.W. — RIGHT—OF—WAY D.R.N.C. — DEED RECORDS OF NUECES COUNTY M.R.N.C. — OFFICIAL RECORDS OF NUECES COUNTY (RECORD) — RECORD CALL TAKEN FROM VOLUME 22, PAGE 63, M.R.N.C. 60' 30' 0 60' E. VILLAREAL SURVEY, ABSTRACT 1 0.173 OF AN ACRE TRACT AEP TEXAS CENTRAL COMPANY E. VILLAREAL SURVEY, ABSTRACT 1 NUECES COUNTY, TEXAS •CDSmuerY ENGINEERS • SURVEYORS 3411 MAGIC 001V1 SAFI ANTONIO TEaAS 711009 • O. (210) 591-1111 F: (210) 30I-0553 TPPE NO. F.1733 • TP,S110. I00495n0 DRAWN BY: A. FOXX DATE: AUGUST 17, 2016 DRAWING NAME: 0.173 ACRE TRACT.dwg VICINITY MAP STREET CLOSURE 1 20461 N Lp LL ' Main County Road 36 Corpus Christi Bay 2292 Guff of Mexic Whitecap STREET CLOSURE EXHIBIT C AERIAL OVERVIEW SCHANEN ESTATES UNIT 2 1 N AERIAL MAP STREET CLOSURE AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 27, 2016 Second Reading Ordinance for the City Council Meeting of October 11, 2016 DATE: TO: September 12, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accept and appropriate a grant from the Duffield Family Foundation, dba Maddie's Fund, in the amount of $1,000 to support Animal Care operations CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Duffield Family Foundation, dba Maddie's Fund, in the amount of $1,000 to support Animal Care operations; and appropriating the $1,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: These funds are available for use to support Animal Care operations. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,000 $1,000 BALANCE $1,000 $1,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Duffield Family Foundation, dba Maddie's Fund, in the amount of $1,000 to support Animal Care operations; and appropriating the $1,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Duffield Family Foundation, dba Maddie's Fund, in the amount of $1,000 to support Animal Care operations. SECTION 2. That $1,000 is appropriated in the No. 1061 Police Grants Fund to be used to support Animal Care operations. 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 August 25, 2016 Contstance Sanchez Director of Finance City of Corpus Christi POB 9257 Corpus Chrisiti, TX 78469-9257 Dear Contstance Sanchez, Maddie's Fund The Duffield Family Foundation, dba Maddie's Fund®, is pleased to award City of Corpus Christi a grant in the amount of $1,000 to support your operations. This grant is being awarded because City of Corpus Christi registered to participate in Shelter Animals Count between March 25, 2016 and April 30, 2016, and completed all the necessary requirements for funding. This grant opportunity was approved by the Maddie's Fund Board of Directors on March 8, 2016. We will be sending you a follow-up survey via email in 3 to 6 months to learn how you used the funds and about your experience with Shelter Animals Count. This will need to be completed within 45 days of receipt of the survey. in appreciation of this grant, please use the hashtag #ThanksToMaddie in any posts on social media about this grant or activities funded by this grant. From all of us at Maddie's Fund, we wish City of Corpus Christi the best of success in your humane work. Sincerely, Mary Ippoliti -Smith Executive Leadership Team Maddie's Fund 6150 Stoneridge Mali Road, Suite 125, Pleasanton, CA 94588 925.310.5450 j info@ maddiesfund.org1 www.maddiesfund.org P. 1 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of September 27, 2016 Second Reading Ordinance for the City Council Meeting of October 11, 2016 DATE: 9/2/2016 TO: Margie C. Rose, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Appropriating funds to reimburse developer for the construction of distribution water main line located on the southeast corner of Old Brownsville Road and South Padre Island Drive. CAPTION: Ordinance authorizing City Manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the construction of a water distribution main line and appropriating $19,159.00 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Peterson Properties, Ltd., is required to install 330 linear feet of 8 -inch water distribution main in order to provide adequate water to a proposed commercial development. The subdivision is located on the southeast corner of Old Brownsville Road and South Padre Island Drive. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (2) Credits and Reimbursements of the Unified Development Code ("UDC"), Peterson Properties, Ltd., is requesting a Reimbursement Agreement for the development of Westpoint Crossing, Block 1, Lots 1 and 2 as shown on the final plat. The subdivision is located on the southeast corner of Old Brownsville Road and South Padre Island Drive. The development requires the extension of 330 linear feet of 8 -inch water distribution main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. If the actual costs for installation of such distribution water main are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Distribution Main Trust Fund for that portion of the distribution main installed by the developer. In this case, the total construction cost of the 8 -inch distribution main line is $19,159.00 and is eligible for 100% reimbursement. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water distribution main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,067,767.94 Encumbered / Expended Amount $ 85,679.85 This item $ 19,159.00 BALANCE $ 962,929.09 Fund(s): Water Distribution Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A DISTRIBUTION MAIN EXTENSION AND CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH PETERSON PROPERTIES, LTD., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER DISTRIBUTION MAIN LINE AND APPROPRIATING $19,159.00 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a distribution main extension and construction and reimbursement agreement ("Agreement"), attached hereto, with Peterson Properties, Ltd., ("Developer"), for the extension of a distribution main line, including all related appurtenances, for the development of Westpoint Crossing, Block 1, Lots 1 and 2 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $19,159.00 is appropriated from the No. 4030 Distribution Main Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule munici-pality, and Peterson Properties, LP., ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on March 9, 2016 to develop a tract of land, to wit: approximately 35.41 acres of land, known as Westpoint Crossing, Block 1, Lots 1 and 2 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 330 linear feet 8 -inch PVC C-900 2. Install one (1) 8 -inch gate valve and box 3. Install one (1) fire hydrant assembly complete in-place 4. Install one 8 -inch cap b. The Distribution Main Extension must begin at the north end of property and extend east alongside Old Brownsville Road and tie into proposed waterline on South Padre Island Drive. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Distribution Main Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by September 20, 2017. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 2 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before September 20, 2017. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 3 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Peterson Properties, Ltd. P.O. Box 8229 Corpus Christi, Texas 78468 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 4 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 5 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $19,159.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 35.41 acres of acres known as Westpoint Crossing, Block 1, Lots 1 and 2, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 6 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20_ (EXECUTION PAGES FOLLOWS) Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 7 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: , 2016. Assistant City Attorney Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 8 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 STATE OF COUNTY OF Peterson Properties, Ltd. By: Patricia Peterson Nuss General Partner This instrument was acknowledged before me on , 2016, by Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. STATE OF COUNTY OF Notary Public's Signature Peterson Properties, Ltd. By: Christy Peterson Brown General Partner This instrument was acknowledged before me on , 2016, by Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 9 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 STATE OF COUNTY OF Peterson Properties, Ltd. By: James D. Peterson General Partner This instrument was acknowledged before me on , 2016, by James D. Peterson, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Distribution Main Reimb Agmt-Peterson Properties, LP -Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 10 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Notes' 1.) Total platted area contains 35.41 acres of land. (Includes Street Dedication) 2.) The receiving water for the storm water runoff from this property is the Oso Creek. The TCEQ has not classified the aquatic life use for the Oso Creek. but it is recognized as an environmentally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEO has classified the aquatic life use for the Oso Bay a*exceptional" and "oyster watere" and categorized the receiving water as "contact recreation` use. 3.) Bearings based on CPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. 4.) By graphic plotting only, this property is in Zone "C" on Flood Insurance Rate Map, Community Panel No. 485464 0165 C, City of Corpus Christi, Texas, which bears on effective date of July 23, 1971 and is not in a Special Flood Hazard Area. 5.) If any lot is developed with residential u ompliance with the open space regulation will be required during the build ng permit phase. 6.) Wastewater improvements provided by service agreement, filed and recorded in Document No Official Public Records of Nueces County, Texas. State of Texas County of Nueces, Peterson Properties, Ltd.. a Texas Limited Partnership, hereby certifies that it is the of the lands embraced within the boundaries of the foregoing plat: that it hashad said lands surveyed and subdivided as shown: that streets shown ore dedicated in fee simple, to the public use forever, that aasols as shown are dedicated to the public use for the installation, operation and a of public utilities; one that this mop was mode for the purpose of description and dedication. This the day of 20 0y Ry Patricia Peterson Nuss, General Partner Chris Ann Peterson Brown, General 00010¢1 By. James D. Peterson, General Partner State of Texas County of Nueces Th. instrument was acknowledged before me by Patricia Peterson Puss, Chris Ann Peterson Brownaes d JamD. Peterson, as General Partners of Peterson Properties. Ltd.. a Texas Limited Partnership, on behalf of said partnership. This the day of 20 - Notary Public In and for the State of Texas YAR - 9 2016 D PLANNING COMMISSION Plat of Westpoint Crossing Block 1, Lots 1 and 2 3541 Acres of Land being portions of Lots 9 through 11, and portions of Lots 14 through 15, Section 5 Range 1411, of the Cugenheim & Cohn's farm Lots, a Map of which is recorded in Volume A Page 54 Map Records of Nueces County, Texas, Accts 1-9 2-9 3-8 and Tract 9 MM Gabriel Land, o map of which is recorded in Volume 2, Page 22, Misoe/loneous Mop Records of Nueces County, Texas a 9.980 Acre Tracy described as Tract 11 conveyed in a warranty deed from Patricia Roy Peterson /hiss to Peterson Properties, LTD., a Tema limited partnership recorded in Document Number 837113, Officio/ PutBc Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page 2. Gabriel and wife, Virginia Ma Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Mrs Tract conveyed in a Warranty Deed from 2.7 Gabriel and lee, Wanda Gabriel to Roy Peterson recorded in Volume 904 Page 352, Deed Records of Nueces County, Tera. State oTexas County of Nueces 15is final plat of the herein described property was approved by the Department of Development Services of the City of Corpus Christi, Texas. This the day of 20 Ratna Poltumu00, PE, DEED AP Development Services Engineer State of Texas County of Nueces Thee final plat of the herein described property was approved on behalf of the City of Corpus Christi, Texas by the Planning Commission. This the day of 20 Daniel McGinn, Interim Secretary Philip J. Ramirez, 0.1A., LEER AP, Chairman State of Texas County of Nueces I. Kara Sands, Clerk of the County Court In and for said County, do hereby certify that the foregoing instrument dated the _ day of 20 with its certificate f authentication w flied for record in my office the _ day of 20 At O'clock _____ and duly recorded the _ day of 20 at _ O'clock _A., In said County In volume - Page Map Records. 1Ntnes0 my hand and seal of the County Court, In and for sold County, at office in Corpus Christi, Texas, the day and 0500 lost written. riled far Record at 0'c10ck 20 Karo Sands. County 016rk Nueces County, Texas By Deputy State of Texas County of Nueces I, James D. Carr. a Registered Profe®ianal Land Surveyor for Urban Engineering, have prepared the foregoing map from aey made on the ground under my direction and is true and correct to the hest of my knowledge, irvnformation a en belief; I have beengaged under contract to set all Lot and Block comers s shown herein and and complete such operations with due and reasonable diligence consistent with sound professional practice. This the _ day of 20 James. D. an, R.PLS. Texas License No. fi45B LE'URBAN\SCAL January 27, 2016 SCALE: ,•_,DO• ENGINEERING JOB NO.: 40706.86.00 ` www 00 w.ww 11 EPoems SHEET: 1 of 2 / DRAWN BY: %G Exhibit 1 Page 1 of 2 Plat of Westpoint Crossing Block 1, Lots 1 and 2 3541 Acres of Land being portions of Lots 9 through 11, and portions of Lots 14 through 15 Section 5, Range 98 of the Gugenheim & Cohn's FOIM LotS, o Map of whiell is recorded in 5 Warne A, Page 53 Map Records of Nueres C01/550 Texas,_ Tracts 1-5 2-8, 3-5' and Trost 6, U.M. Gabriel Land, e rsaP of which 10 recorded in Volume 2, Page 25 Miscellaneous Mop _Records of Musses Coun0,, Texas, a 0.985 Acre Tract described as Tract conveyed in a warranOt deed from Patricia Roy Peterson Noss to Peterson Properties, L772, a Texas lirnited partnership recorded in Document Number 837113, Official Public Records of Nueces CounOt, Texas, a 2.083 Acre Tract conveyed in a worronty deed f IOM Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 17Z Deed Records of Nueces Counfr, Texas, and all of a 0.446 Acre Tract conveyed in a Werra* Deed from J.V. Gable/ and wife, Wanda Gabriel to Ray E Peterson recorded in Volume 903 Page 352, Deed Records of Nueces Cour*, Texas. LMIS - 9 h16 PLANNING COMMISSION (8800) micrid5 • Fd. 5/8 irech iron rod ivith red plastic cop stamped 'Urban Engr C.C. Tx. 0 gel 5/8 inch iron rod isith red plastic Pap stomped Engr C.C. Tn. O Found TOOT Monument Moo 5 • Found 2 1/2 MCP Iron 088 - 011getttlettil Cohnis Farm Lots - Gabriel Lands Tracts 1.642 Acres -h-nool e1E uneAr.eDATE: January 27. 2016 Ariu F. 1*=100. ENGINEERING JOB NO.: 40705.85.00 unTwrTi'"=7.7.,:lrt„„, SHEET: 2 of 2 4A. ^....,-.. A.A.A,A. .A DRAWN BY: 00 ,,,,,....,..A.........,...,,o,,,,Am.,.,. Exhibit 1 Page 2 of 2 APPLICATION FOR WATERLINE CREDIT We, Peterson properties, LTD, a Texas limited partnership, whose address is P.O. Box 8229, Corpus Christi, Texas, 78468, Owner of proposed Westpoint Crossing Block 1, Lots 1 & 2, hereby apply for $19,159.00 credit towards the water lot/acreage fee for the installation of the 8" C-900 water line as provided for by City Ordinance No. 17092. $19,159.00 is the construction cost, including 1 5% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Patricia Peterson Nuss General Partner Peterson properties, LTD Date THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2016, by (Name), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said partnership. THE STATE OF TEXAS § COUNTY OF NUECES § (Title), Notary Public in and for the State of Texas Chris Ann Peterson Brown General Partner Peterson properties, LTD Date This instrument was acknowledged before me on 2016, by (Name), (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said partnership. Notary Public in and for the State of Texas Exhibit 2 Page 1 of 2 James D. Peterson General Partner Peterson properties, LTD THE STATE OF CALIFORNIA § COUNTY OF SANTA BARBARA § Date This instrument was acknowledged before me on 2016, by (Name), (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said partnership. Notary Public in and for the State of California CERTIFICATION The information submitted with this application for reimbursement has been Reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date Exhibit 2 Page 2 of 2 CONSTRUCTION PLANS FOR PUBLIC WATER IMPROVEMENTS TO LOTS 1 AND 2, BLOCK 1 WESTPOINT CROSSING CORPUS CHRISTI, TEXAS WATER PLAN SCALE: 1,00' ITEIA ITEM DESCRIPTION UNIT OUANTITY 15WIVRAj'T AND BOY EA OBI'IILLEE In ILO EA EA FIRE 5 CAP 1e..a TAPPING SLEEVE WAS" TAPPING GATE VALVE LS LOCATION MAP NOT TO SCALE 71Mrsfa F BER OPER 026 1610 I�ELONE SEAR81 a1 800 6695 8344 CALL BEFORE YOU DIC! *Tnv.'c. MERiki n 8T r �,OP 1.aP0�C°1 TUE LONE STAR NOTIFICATION COMPANY AT 1-800-660-0344 SHEET INDEX: SHEET 1 TITLE SHEET SHEET 3 WATER PLAN SHEET 3 STORM WATER POLLUTION PREVENTION PLAN THE FOLLOWING STANDARD SHEETS SPECIFICALLY IDENTIFIED BELOW HAVEEBEENESELECTED,BYBEHNE,OR CITY STANDARDS INDEX: CITY Or C.C. STANDARD WATER DETAILS I OF 4 CITY Or C.C. STANDARD WATER DETAILS 2 OF 4 CITY Or C.C. STANDARD WATER DETAILS 3 OF 4 CITY OF C.C. STANDARD WATER DETAILS 4 OF 4 ENGINEER: "40001100,000 Murray F. Hudon, P.E. IURBAN ENGINEERING JUNE stile TOFU%a2 SHEET 1 OF 3 Exhibit 3 Page 1 of 3 STO "x0' TAPPING SLEEVE W/0" TAPPING G.V. STO WASTEWATER TO MEET TC. STANDARDS EAST OF 81 GATE VALVE 10 BE INS1ALLED DRY. TO South Padre Island Drive (State Highway 358) sTo PAIN1 F.H. BLACK. ALL OF LINE AND FIPE HYDRANTS EAST OF 81 CATE VALVE 0 BE INSTALLED DRY. PAINT F., BLACK. ALL OF TEM ACINFDSCIAIHE7AT TO BE INS1ALLED DRY. n Vn' DI. BEND ALVE &_B 300'x8" 900 S 9," PCA 90 eT RVC_C-900 S" SPiE VALVE .°K BOY CAP OOAPUSalliSHJE TRAM Lot 1 Lot 2 NOTE: B1 PVC ALL OF LINE FIRE vai Eo nAL uNOER EP wnE Z1 s PPOYEMENTS Digieiu atnaS byxama Mar 20' Temporary Drainage Easement/ 0 SlANDARDS AND PRACTICES. CERTAIN LINES. UNDERGROUND UTILITIES SUCH AS COORDINATE NON COMPANIES AS NECESSAR1 TO ECEONNSlANDARDST. 'KENO tZrKTKTRTEHNHETCTEggnrcothkrTHEE1HEKTTE'ITRTH=TTsNvaHHTECLTOHLETDEEDI,P0 TT/ 11111TUNSE ForRElAINER GLANDS ON DUClILE IRON PIPE.iF COLLECT. SYSTEM PH, CROSSES A PUBLiC WATERIRON. DUClILL IRON, OR PVC NON A MINIMUMTHRAHCHINIHRE=LE4RH=TITTZT LEGEND BIPE "DV EX ZEIP WOHMENOINEER REGARDING ANY AND ALL DISCRE AN CALL BEFORE YOU DIG! METERMI SHEET 2 0E _3 /06 60 NO 4 : z Exhibit 3 Page 2 of 3 STO STO PROPOSED SIM EENCE BMP AROUND EXISTING SLOT NLET Lot 1 E_E 10 South Padre Island Drive (State Highway 358) n0 SMO Lot 2 0 FILTER FENCE DETAIL relH P1.1 = L.0„ITTON DR SD. FENN SHALL BE BETWEEN IS" ANRTR . Toomo crew, GLIFFAcE STABILIZED CONSTRUCTION ENTRANCE Trivewev EoN°me°dererTIU„ 5 U.E. DB ssTRENmo �x[sox noNcATlan AIF To WIN (sTANomo) AIR rso Win (ARA n ormip ono A SLURP,' FLOW PA"E OF FABRIC SHOULD BE 2 HIGH ABOVE GRADE AND A CONTINUOUS ROLL cONSTPNTION ENNA, A MINIMUM 6 X 6" TP NcH ALONG THE UPSLOPE SIDE OF TM cONSTRNTION FENN INSTALL TUE CONSTRUCTION FENCE MTH WIFE TIES 0 OTPER NADIA MEANS WHERE JOINTS IN TUE FABRIC R PROVIDE A OVERLAP 0 SECURELY SEA. BAWNL THE TRE Cu YAM COMPACTED EXCAVATED MAMMAL OR 3/4" GRAVEL ONR TN HEEIGER Fosreic L �fz'�eEMDUE SEDIMENT wxlcx Has arrDMNUTm Ta avEas� a 1/2 OF Taura THE HE ryapis p 0 to FABPIc WHOM SECTION THEE FENCE SILT FENCE DETAILS Digitally . P ed by mt Rama nu, o �tne rsE. Development roof maikratnapprrtexa NOTE 2. SLOT INLET. PROVIDE GRAVEL DUFFER AND FILTER FABRIC FENCENAERDNUEN4AIDERTADNIT,B1049 HAD EKLE, CONSTRUCTION LIMIT OF DISTURBANCE. PROVIDE BERM ALONG S S'DDBNTWEAR ,FERNIpDr F ZN BTE. IF NoTRrRDIRFD EXISTING DN S,E STABre ILIZED AR,STHENmore EROSITo ON CONTROL CRUSHED STONE J' ILTER FABRIC PROFILE STABILIZED CONSTRUCTION ENTRANCE NO SCALE N,DAIDO4L,NAT.BEF? COMPLETION OF ME PROLE, REINA GRAVEL AND FABRIC AND cOMPLETE THE FINAL NADI, AND SODDING UTE RTE;ND , °`L FPLALFrysETan ureem AREA= Firm WATER HNTI, EE THL THRFaEF IT KTTHE NovIDL INLETOTI THAN A OPEN' D (NDmoN FITTED sad l Sat smo SANDBAGS DETAIL CURB INLETSEDIMENT TRAP N m1 SECTION E—E SECT ON C—C tsEirEEz CALL BEFORE YOU DIG! MEETial SHE3ET /5 _3 ,06 6 P 4 : O Exhibit 3 Page 3 of 3 Eng.: Murf Hudson, P.E. By: C.R.R. DEFERMENT AGREEMENT for LOT 1, BLOCK 1 WESTPOINT CROSSING July 13, 2016 Job No. 40706.B6.02 Item Description Quantity + Unit Unit Price Total 5% Amount A. SANITARY SEWER IMPROVEMENTS 1 Lift Station 1 LS $ 259,000.00 $ 259,000.00 2 6" PVC Green C-900 Force Main (DR 25) 7,040 LF $ 28.50 $ 200,640.00 3 6" D.I. 90 Degree Bend (M.J.) 1 EA $ 750.00 $ 750.00 4 6" D.I. 45 Degree Bend (M.J.) 20 EA $ 675.00 $ 13,500.00 5 6" D.I. 22 1/2 Degree Bend (M.J.) 3 EA $ 650.00 $ 1,950.00 6 6" Plug 3 EA $ 2,000.00 $ 6,000.00 7 Air Release Valve 3 EA $ 4,300.00 $ 12,900.00 8 12" Steel Casing 44 LF $ 200.00 $ 8,800.00 9 Asphalt Pavement Repair 75 SY $ 90.00 $ 6,750.00 10 Tie to Proposed Force Main to Existing Sanitary Sewer Manhole 1 LS $ 6,000.00 $ 6,000.00 11 Twin 30" RCP with S.E.T. 1 LS $ 4,500.00 $ 4,500.00 12 7" Thick Concrete Driveway 900 SF $ 7.50 $ 6,750.00 13 10" PVC Gravity Line (14'-16' Cut) 368 LF $ 85.00 $ 31,280.00 14 10" PVC Gravity Line (12'-14' Cut) 683 LF $ 78.00 $ 53,274.00 15 10" PVC Gravity Line (10'-12' Cut) 525 LF $ 55.00 $ 28,875.00 16 8" PVC Gravity Line (10'-12' Cut) 158 LF $ 51.00 $ 8,058.00 17 8" PVC Gravity Line (8'-10' Cut) 578 LF $ 44.00 $ 25,432.00 18 8" PVC Gravity Line (5'-8' Cut) 458 LF $ 40.00 $ 18,320.00 19 5' Dia. Drop Manhole (14-16' Deep) 1 EA $ 13,850.00 $ 13,850.00 20 4' Dia. Drop Manhole (12-14' Deep) 2 EA $ 10,500.00 $ 21,000.00 21 4' Dia. Drop Manhole (10-12' Deep) 1 EA $ 10,000.00 $ 10,000.00 22 4' Dia. Drop Manhole (8-10' Deep) 1 EA $ 9,000.00 $ 9,000.00 23 4' Dia. Drop Manhole (5-8' Deep) 2 EA $ 8,500.00 $ 17,000.00 24 2" HDPE Waterline by Open Cut 84 LF $ 20.00 $ 1,680.00 25 2" HDPE Waterline by Boring 163 LF $ 30.00 $ 4,890.00 26 Water Meter 1 EA $ 1,000.00 $ 1,000.00 27 Tie Proposed 2" HDPE Waterline to Exist. Waterline 1 EA $ 2,000.00 $ 2,000.00 28 OSHA Trench Protection 2,870 LF $ 4.00 $ 11,480.00 SANITARY SEWER SUB -TOTAL $ 784,679.00 URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 361-854-3101 Exhibit 4 Page 1 of 3 Eng.: Murf Hudson, P.E. By: C.R.R. DEFERMENT AGREEMENT for LOT 1, BLOCK 1 WESTPOINT CROSSING July 13, 2016 Job No. 40706.B6.02 Item Description Quantity + Unit Unit Price Total 5% Amount B. WATER IMPROVEMENTS: 1 8" PVC C-900 1,442 LF $ 26.00 $ 37,492.00 2 8" Gate Valve and Box 4 EA $ 1,500.00 $ 6,000.00 3 8" Ductile Iron Tee 1 EA $ 475.00 $ 475.00 4 8" Ductile Iron Bends 4 EA $ 425.00 $ 1,700.00 5 Fire Hydrant Assembly Complete In-place 4 EA $ 3,500.00 $ 14,000.00 6 8" Cap 2 EA $ 250.00 $ 500.00 7 16"x8" Tapping Sleeve w/8" Tapping Gate Valve 1 LS $ 2,500.00 $ 2,500.00 8 Tie to Existing Water Line 1 LS $ 1,000.00 $ 1,000.00 9 Pavement Repair (as Required) 1 LS $ 2,500.00 $ 2,500.00 WATER SUB -TOTAL: $ 66,167.00 C. MISCELLANEOUS ITEMS: 1 General Conditions 1 LS $ 44,000.00 $ 44,000.00 2 Mobilization 1 LS $ 35,000.00 $ 35,000.00 3 Storm Water Pollution Prevention Plan Items 1 LS $ 6,250.00 $ 6,250.00 4 Traffic Control Plan and Items 1 LS $ 4,500.00 $ 4,500.00 MISCELLANEOUS ITEMS SUB -TOTAL: $ 89,750.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $ 940,596.00 ENGINEERING (8%): $ 75,247.68 STAKING AND TESTING (3%): $ 28,217.88 CONTINGENCY (10%): $ 101,250.00 GRAND TOTAL: $ 1,145,311.56 URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 361-854-3101 Exhibit 4 Page 2 of 3 Eng: Murf Hudson, P.E. By: C.R.R. Reimbursement Estimate for LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING June 1, 2016 Job No. 40706.B6.02 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. WATER IMPROVEMENTS: 1 8" PVC C-900 330 347 LF $30.00 $10,410.00 2 8" Gate Valve and Box 1 1 EA $1,500.00 $1,500.00 3 Fire Hydrant Assembly Complete In-place 1 1 EA $4,500.00 $4,500.00 4 8" Cap 1 1 EA $250.00 $250.00 WATER SUB -TOTAL: $16,660.00 ENGINEERING, ADMINISTRATION AND SURVEYING © 15%: $2,499.00 TOTAL REIMBURSEMENT: $19,159.00 • Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 4 1 of 1 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P 0 pox 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Locate! at: 2406 Leopard Street (Corner of Leopard St and Pon Ave ] City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following informal n. Every question must be answered. If the question is not applicable, answer with "NA". • -Q NAME: STREET: 6-Der; CITY: FIRM is: ❑ Corporation XPartnership ❑ 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) kb IrV Lif El Association ZIP: El Other 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 Alelk 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: t '`e4e4/S4' ! E'SS Signature of Certifying Person: Title: ,PJYlf/ Date: KIDEVELOP%tENfSVCSISHARED\.ANDDEVELOPMENftORDINANCEADMINISTRATtVN\APPLUCAWNFORMSIFORMSASPEALEGAL12OI2\DISCLOSUREO'INTERESSTS Page 1 of 2 STATEMENT:.2712DOC Exhibit 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 SDEV ELOPMENTSV CSSFIARED',LAND DEVELOPSMENPORDINANCE ADMINISTRATIONtAPPI ICAT1nN FOR.US.FORMS AS PER LEGAL ,2o121.131SCLOSURE DP INTERESTS STATEA1EN7.13712DOC Exhibit 6 Page 2 of 2 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Servrcrs P.O. Box 9277 Corpus Christi, Texas 78469.927' (361) 826-3240 Located at 2406 Leopard Street (Comer at -Leopard SL 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: STREET: FIRM is: ❑ Corporation 4^/" Partnership CITY: ['Sole Owner ZIP: 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) NOW 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 NtirQ 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 orA Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information r quest- • = = -tom pplemental statements will be promptly submitted to the City of Corpus Christi, Te ch s o r Certifying Person: `l'' - I 1 r . ... Title:G�l1S161 f lA 't c +�' ., G(/ "�4 (Print} -- { Signature of Certifying Person: � Date: '� � ,!I f7 K 1DEVELOPMENiSVCSLSFIARED\LAND DT'.'ri.oPMENE\ORDINANCE ADMIIN1STRATIDMAPPLICATION FORMSIFORMS AS PER LEGAL12012\DISCLOSURE OF INTERESTS STATEMENT 12712.DOC vhihit R 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 TIEvELoinarnsvcsstiostaAND DevELoPmErmaRDINANce ADMIN1STRATIONAPPLICATION FORMSFORMSASPER LEGAL °041D13CLOS4•REOFINTERESTS STATEMENT1 2712 DOC Exhibit 6 Page 2 of 2 City of I%" 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 (Corner of Leopard St and Pori 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: STREET: FIRM is: ❑ Corporation Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 46A 6v,. CITY: ZIP: 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 (\Jo 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 bY13� CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: �.,1 c s -Vin', Title: I r g_ih,,,,.., (Print) Signature of Certifying Person: tmeoXY.i Date: K'DEVELOPMENTSVCSISRAREDSLAND DEVELOP 'TO INANCE AMANN [1€+'710 UJCATTnN FORMS\FORMS AS PER LEGAL120121DISCLOSIJR£ OF INTERESTS STATEMENT' 27 12.DOC Pyhihit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K 1DEVELOPMENTSVCS'SIIARED\LAND DEVELOPMENTOROINANCE ADMINISTRATIONWPPLICATION FORAISIFORAIS AS PER LEGAL.2 1.tiDISCLOSURE OF INTERESTS STATEhIENTl2712DOC Exhibit 6 Page 2 of 2 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: 2016-96437 Date Filed: 08/08/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Peterson Properties, Ltd Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract 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. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1 & 2 Block 1, Corpus Christi, Nueces County, TX 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 V I swear, or affirm, and -- I - ty of penury, that the above i losure is true and correct �� J JMYCOmnWu1onExPfres 746/ horK� , JUANA JEAN BARTON June 3, 20174 AFFIX NOTARY Swom p 20 / Signature of au 1 orized agent of contracting business entity STAMP 1 SEAL ABOVE p. and subscribed before me, by the said { i Ll CA LLL. this the day of 11'' is+ , , to certify which, witness my hand and seal of office. � ] Vr� fiA ,� n 3... ' ,. \17001 n t e1� tcer : ' ministerng oath Printed name of officer administering oath Title of officer ad4ti nl to g oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.277 arms provided try 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 it there are no interested parties.. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-96437 Date Filed: 08/0812016 Date Acknowledged: 1 Name of business entity filing torn, and the city, state and country of the business entity's place of business. Peterson Properties, Ltd Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract 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. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1 & 2 Block 1, Corpus Christi, Nueces County, TX 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of pe •ury, that the above disclosure is true and correct. + t r �L JUANA JEAN BARTON AL* My Commission E>tpitee -.„.,6,1 ,�/��+ June 3, 2017 .rye . Signature o authorized agent of contracting business entity r,�D' 1 il in v [� �- this the day of , AFFIX NOTARY STAMP I SEAL ABOVE Swor and subscribed before me, by the said ( IVil 1 20 , to certify which, witness my hand and seal of office. • Signature of offi6e administering oa Printed name of officer administering oath Title of officer ministering oath arms provided try Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 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: 2016-96437 Date Filed: 08/08/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country 0f the business entity's place of business. Peterson Properties, Ltd Corpus Christi, TX United States `2 Name of yovernmeniaj entity or state agency that is a party-to the contract for wtr1ch 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. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1 & 2 Block 1, Corpus Christi, Nueces County, TX 4 Name of Interested Party Ci ty,State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check if there is NO Interested Party. only X 6 _ - 4V11- Aa. --ter' 1 a • : =r penalty of perjury, that r. 'ave disclosure is true and correct. ,n �` lb AFFIX Sworri 20 I , or JUANA JEAN BARTON di My ComnHstdon Expires June 3, 2017 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said ure 6-authorized nt of contracting business entity *` ' Ciroi this the /419 day of +' lo, , to certify which, witness my hand and seal of office. .., A )cv _ _ k-r - .l—f'� - „— (10116-,�i-(mn _ Signature of DM r administering oath Printed name of officer administering oath Title of officer =ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Vicinity Map VICINITY MAP WEST POINT CROSSING BLOCK 1 LOT 1 AND 2 Christi Say WEST POINT CROSSING BLOCK 1 LOT 1 AND 2 Aerial Overview AERIAL OVERVIEW WEST POINT CROSSING BLOCK 1 LOT 1 AND 2 A WEST POINT GROSSING BLOCK -1 LOT 1 AND 2 2 Aerial AERIAL MAP WEST POINT CROSSING BLOCK 1 LOT 1 AND 2 3 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 11, 2016 Second Reading for the City Council Meeting of October 18, 2016 DATE: September 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 600 Elizabeth Street CAPTION: Case No. 0816-02 Christus Spohn Health System Corporation: A change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CI" Intensive Commercial District. The property is described as being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. PURPOSE: The purpose of this item is to bring existing building encroachments into compliance with zoning setbacks and to simplify the zoning into a single zoning district on the Christus Spohn Hospital Campus. RECOMMENDATION: Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG- 2/SP" General Commercial District with a Special Permit for a helipad to the "CI" Intensive Commercial District and, in lieu thereof, approval of: Tract 1: "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street. Tract 2: "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street. Vote Results: Yes — 8 No -0 Absent - 1 BACKGROUND AND FINDINGS: The applicant's development plan is to continue to develop the hospital campus as needed. Overtime, as Christus Spohn acquired property and incorporated the property into their campus, a number of zoning districts have come with those acquisitions. By rezoning the property, the applicant will bring existing buildings on Ayers Street, Elizabeth Street and Second Street with nonconforming setbacks into compliance with the Unified Development Code. Secondly, the applicant wishes to simplify the zoning on the property into one zoning district. The "CI" Intensive Commercial District is the least restrictive commercial district in the Unified Development Code and contains a standard setback of zero -feet for front, side and rear yards, and will bring the existing nonconforming building encroachments into compliance. However, the "Cl" District allows billboards, unlimited outside storage, and other uses that may not be ideal in the downtown area. Additionally, the "CI" District does not require a landscaped building setback which would offer less protection along Ocean Drive, a designated scenic corridor. It is staff's opinion that the proposed rezoning allows uses that are not consistent with the Comprehensive Plan. The requested rezoning could negatively impact the surrounding properties and alter the character of the immediate vicinity, especially the character of Ocean Drive. ALTERNATIVES: 1. Approve the "CR-1/SP" and"CG-2/SP Districts as recommended 2. Approve the "CI" District (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. The Future Land Use Map designates the subject property for Public/Semi-Public, Commercial and Office uses. The proposed rezoning to the "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance/SP Ordinance/CI Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Christus Spohn Health System Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG - 2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG- 2/SP" General Commercial District with a Special Permit allowing a 15 - foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2; 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 Christus Spohn Health System Corporation ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 7, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, and, in lieu thereof, approval of the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG- 2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2; and on Tuesday, October 11, 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 Christus Spohn Health System Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street, in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street (Zoning Map No. 045043), as shown in Exhibits "A", "B", and "C". Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The 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 Tracts 1 and 2 for low density residential uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 SP Ordinance Page 3 of 3 Metes & Bounds Description of Tracts 1 & 2 TRACT 1 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue for the Point of Beginning of a 5.81 Acre tract; Thence, South 19° 06' 16" East, with the centerline of said Ocean Drive, 1246.87 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, with the centerline of Ayers Street, 210 Feet; Thence, North 19° 06' 16" West, 1247.11Feet, to the centerline of Morgan Avenue; Thence, North 85° 46' 14" East, with the centerline of Morgan Avenue, 210 Feet, to the Point of Beginning, containing 5.81 Acres (253,118.95 Sq. Ft.) of Land, more or less; TRACT 2 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue; Thence South 85° 46' 14" West, with the centerline of Morgan Avenue, 210 Feet to the Point of Beginning of a 16.65 Acre tract; Thence, at a point on the centerline of said Morgan Avenue; Thence, South 19° 06' 16" East, 1247.11 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, 853.23 Feet, to the centerline of Santa Fe Street; Thence, North 19° 06' 52" West, 623.73 Feet, to the centerline of Elizabeth Street; Thence, North 85° 44' 06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of Third Street; Thence, North 19° 06' 22" West, with the said centerline of Third Street, 292.34 Feet; Thence, North 85° 46' 14" East, departing the said centerline of said Third Street, 174.24 Feet; Thence, North 19° 06' 22" West, 101.09 Feet; Thence, North 85° 46' 14" East, 173.96 Feet; Thence, North 19° 06' 22" West, 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85° 46' 14" East, 158.39 Feet, with the said centerline of Morgan Avenue, to the Point of Beginning, containing 16.65 Acres (725,137.45 Sq. Ft.) of Land, more or less; Exhibit A Exhibit B MORGAN AVE. NEW HELIPAD LOADING EXISTING CCE AND PAVILION BUILDINGS ELIZABETH ST. NEW CENTRAL UTILITY PLANT 41 III III • EXISTING GARAGE 111- II I ■ _-1-1-111 DEMOLISHED BUILDINGS AYERS ST. 1A fir OCHRISTUS Spohn Shoreline Campus Plan Exhibit CHRISTUS Spohn Shoreline Campus Plan P E R K I N S+ W I L L Ordinance amending the Unified Development Code ("UDC"), upon application by Christus Spohn Health System Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG - 2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Christus Spohn Health System Corporation ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 7, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, and, in lieu thereof, approval of the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG- 2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2; and on Tuesday, October 11, 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 Christus Spohn Health System Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street (Zoning Map No. 045043), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tracts 1 and 2 for low density residential uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 CI Ordinance Page 3 of 3 uRBaN ENGINEERING 1 Exhibit A 22.46 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B507 March 22, 2016 Revised: August 5, 2016 Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of Ocean Drive {formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street {formerly known as Starr Avenue), a 75 Foot Wide Public Right - of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said Map Records; the said 22.46 Acre Zoning Tract being more fully described as follows: Beginning, at the intersection of the centerline of the said Ocean Drive and the centerline of the said Morgan Avenue; Thence, with the boundary of this Tract as follows: • South 19°06' 16" East, with the centerline of the said Ocean Drive, 1246.87 Feet, to the centerline of the said Ayers Street; • South 85°4220" West, with the said centerline of Ayers Street, 1063.23 Feet, to the centerline of the said Santa Fe Street; • North 19°06'52" West, with the said centerline of Santa Fe Street, 623.73 Feet, to the centerline of the said Elizabeth Street; • North 85°44'06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of the said Third Street; • North 19°06'22" West, with the said centerline of Third Street, 292.34 Feet; S:1Surveying1427111135071OFFICEIMETES AND BOUNDS IFN_42711 B507.docx Pape 1 of 1 (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 85°46'14" East, departing the said centerline of the said Third Street, at 30.00 Feet, pass the West corner of the said Lot 4, the South corner of Lot 2, Block IIA, Ocean View Addition, a map of which is recorded in Volume 49, Pages 9-10, of the said Map Records, in all a distance of 174.24 Feet, to an outer ell corner of the said Lot 2, for an inner ell corner of the said Lot 4 and this Tract; Thence, with the common boundary line of the said Lot 2 and the said Lot 4, the boundary of this Tract as follows: • North 19°06'22" West, 101.09 Feet; • North 85°46'14" East, 173.96 Feet; • North 19°06'22" West, at 200.77 Feet, pass the Northeast corner of the said Lot 2, for a Northwest corner of the said Lot 4, in all a distance of 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85°46'14" East, with the said centerline of Morgan Avenue, 368.39 Feet, to the Point of Beginning, containing 22.46 Acres (978,304 Sq Ft) of Land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy, Fieldwork was performed on April 2015, and does not represent a current on the ground Survey. Also reference accompanying sketch of Tract described herein. James D. Carr, R.P.L.S. License No. 6458 S:\Surveying1427111B5071OFFICEIMETES AND BOUNDSIFN 42711B507.docx Page 2 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 Block 6, Bay View Block 7, Bay View Vol. A, Pg. 24, M.R.N,C.T. Vol. Pg. 24, M.R.N.C.T. O Lot 2, Block IIA Ocean View Addition Vol. 49, Pgs. 9-10, L4 Point of Beginning 4-r.....- tA2 CO _ (D N 0 200 GRAPHIC SCALE 1 "=200' 0 S 85'42'20 W BlockM.R.N.C.T.256 Block 7 I Lot , Del Mar I Del Mar Subdivision Vol. 4, Pgs• 8-10, Vol. 48, Pg. 123, M.R.N.C.T. Exhibit B Sketch to Accompany Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of Ocean Drive (formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street (formerly known as Starr Avenue), a 75 Foot Wide Public Right -of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said Map Records. Block 4 Bay Front Terrace Vol. 3, Pg. 32, M.R.N.C.T. LINE BEARING DISTANCE L1 N 19'06'22" W 292.34' L2 N 85'46'14" E 174.24' L3 N 19'06'22" W 101.09' L4 N 85'46'14" E 173.96' L5 N 19'06'22" W 230.77' URBAN ENGINEERING TBPE FIRM NO. 145, 7BPLS FlRN NO. 10032400 2 725 SWAN7NER DR, CORPUS CHRIS71, TX 78404 PHONE 361.854.3101 WWNlURBANENG.COM DATE: 08/05/2016 SCALE: 1 =200' JOB NO.: 42711.B507 SHEET: 1 OF 1 DRAWN BY: CDS Exhibit B Aerial Overview Aerial Site Plan MORGAN AVE 1 1 . NEW HELIPAID - AID LOADING ELIZABETH ST NEW CENTRAL UTILITY PLANT EXISTING GARAGE ± =0 11111 I II AYERS ST 3 Staff Recommendation Denial of the change of zoning to the "CI" Intensive Commercial District and, in lieu thereof, approval of: Staff Recommendation - vim ract 2 C'G-2/SP SUBJECTT PROPER�TYj. Staff Recommendation Tract 1: "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street. Staff Recommendation Tract 2: "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot minimum setback on Santa Fe Street, a 10 - foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street. PLANNING COMMISSION FINAL REPORT Case No. 0816-02 HTE No. 16-10000031 Planning Commission Hearing Date: September 7, 2016 Applicant & Legal Description Applicant/Owner: Christus Spohn Health System Corporation Legal Description/Location: Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue. Location: Between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. Zoning Request From: "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad To: "Cl" Intensive Commercial District Area: 22.46 acres Purpose of Request: To bring existing building encroachments into compliance with zoning setbacks and to simplify the zoning into a single zoning district on the Christus Spohn Hospital Campus Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3, "ON" Office, "CR -1" Resort Commercial, "CG -2" General Commercial and Special Permit (Helipad) Public/Semi-Public Office Vacant Office Commercial Public/Semi-Public North "ON" Office "CR -1" Resort Commercial Medium Density Residential Office Office Commercial Public/Semi-Public South "RM -1" Multifamily 1 "ON" Office Low Density Residential Office Public/Semi-Public Medium Density Residential Office Public/Semi-Public East "RM -3" Multifamily 3 "CR -1" Resort Commercial Vacant High Density Residential Park High Density Residential Commercial Park West "RM -1" Multifamily 1 "ON" Office "CG -2" General Commercial Office Public/Semi-Public Commercial Planning Commission Final Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the plan area boundaries of the Southeast Area Development Plan. The Future Land Use Map designates the subject property for Public/Semi-Public, Commercial and Office uses. The proposed rezoning to the "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map. Map No.: 045043 Zoning Violations: None Transportation Transportation and Circulation: The subject property has the following street frontages: approximately 350 feet of street frontage along Morgan Avenue and 1,000 feet of frontage on Ayers Street which are designated as Al Minor Arterial streets with a maximum desirable average daily trips of 15,000 to 24,000; approximately 1,200 feet of street frontage on Ocean Drive which is designated as an A2 Secondary Arterial street with a maximum desirable average daily trips of 20,000 to 32,000; approximately 575 feet of street frontage on Santa Fe Street, 245 feet of street frontage on Third Street and 1,000 feet of frontage on Elizabeth Street and all being designated 01 Collectors with a maximum desirable average daily trips of 1,000 to 3,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Morgan "Al" Minor Arterial 95' ROW 64' paved 60' ROW 40' paved 6,837 ADT (2013) Ayers "Al" Minor Arterial 95' ROW 64' paved 60' ROW 40' paved 2,782 ADT (2014) Shoreline/Ocean "A2" Secondary Arterial 100' ROW 54' paved 110' ROW 77' paved 27'947 ADT (2012) Santa Fe "01" Minor Residential Collector 60' ROW 40' paved 85' ROW 65' paved 4,091 ADT (2012) Third "01" Minor Residential Collector 60' ROW paved 60' ROW 40' paved N/A Elizabeth "01" Minor Residential Collector 60' ROW 40' paved 73' ROW 55' paved Staff Summar Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and a "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CI" Intensive Commercial District. Planning Commission Final Report Page 3 Development Plan: The applicant's development plan is to continue to develop the hospital campus as needed. Overtime, as Christus Spohn acquired property and incorporated the property into their campus, a number of zoning districts have come with those acquisitions. By rezoning the property, the applicant will bring existing buildings on Ayers Street, Elizabeth Street and Second Street with nonconforming setbacks into compliance with the Unified Development Code. Secondly, the applicant wishes to simplify the zoning on the property into one zoning district. The "Cl" Intensive Commercial District is the least restrictive commercial district in the Unified Development Code and contains a standard setback of zero -feet for front, side and rear yards, and will bring the existing nonconforming building encroachments into compliance. The "Cl" District allows billboards, unlimited outside storage, and other uses that may not be ideal in the downtown area. Existing Land Uses & Zoning: The subject property contains four base zoning districts plus a special permit for a helipad. The "RM -3" Multifamily 3, "ON" Office and the "CR -1" Resort Commercial Districts are located along Ocean Drive. The "CG -2" General Commercial District is located to the west of the zoning districts with frontage on Ocean Drive. All four base zoning districts require a 20 -foot front yard and a 15 -foot corner side yard. A minimum five-foot side yard and 10 -foot rear yard is required in the "RM -3" Multifamily 3 District while the "ON", "CR -1" and "CG -2" Districts allow a zero -foot side and rear yard. All four districts require a 1 -foot building height to 2 -foot horizontal setback where multifamily or non-residential building sides or backs up to a single or two-family use. Uses on the subject property contain the primary hospital use along with accessory surface parking, structural parking, offices, and facility heating and cooling infrastructure. A "SP" Special Permit was issued in 1997, which authorized a helipad, restricted maximum building height to five stories and prohibited overflights of less than 500 -feet above the earth's surface. The "SP" was issued for a small portion of the hospital campus, generally located to the north and west of Ocean Drive and Elizabeth Street. Regarding surrounding properties, the property to the north is zoned "CR -1" Resort Commercial, consisting of a parking lot, and "ON Office, consisting of medium density residential uses. To the south is zoned "RM -1" Multifamily 1 with medium density residential uses, and "ON" Office consisting of public/semi-public uses. East of the subject property is zoned "RM -3" Multifamily District and "CR -1" Resort Commercial District and consisting of vacant land, high density residential and park uses. West of the subject property is zoned the "RM -1" Multifamily 1 District, "ON" Office District and the "CG -2" General Commercial District and containing commercial and public/semi- public uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is comprised of multiple platted lots in three different subdivisions. Once rezoned, Christus Spohn has indicated that they intend to replat the property. Currently, the property cannot be replatted as the existing buildings encroach into the zoning setbacks. Planning Commission Final Report Page 4 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as public/semi-public, commercial and office uses. The following are pertinent policies of the Comprehensive Plan and the ADP that warrant consideration. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement h). - Health care facilities should be constructed in areas where they are in demand. (Comprehensive Plan, Health Services, Policy Statement a.) - Business areas that feature mixed office use and retail activities should be encouraged (Comprehensive Plan, Commercial Policy Statement a). - Commercial activities which generate large volumes of traffic should have direct access to an arterial without having to traverse low-density areas. (Comprehensive Plan, Land Use Policy Statement f.) - The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Shoreline Boulevard / Ocean Drive are designated as Scenic Corridors. (Southeast Area Development Plan, Policy Statement B.11) - In reference to Scenic Corridors: Private and public signage of all types should have stringent design controls consistent with the tourist and recreational theme of the Bayfront. Public signage should be standardized and billboards and portable signs should be eliminated; (Southeast Area Development Plan, Policy Statement B.11, Design Objective b.) Department Comments: • The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development and redevelopment. • The hospital complex contains a helipad on the roof of their hospital building at the northwest corner of Elizabeth and Ocean Drive. The Unified Development Code conditionally allows a helipad or heliport in a commercial zoning district provided that the helicopters shall not exceed 12,500 in gross weight and the heliport does not include a fueling facility. • A "SP" Special Permit approved in 1985 allowed Christus Spohn Hospital signage to encroach into various abutting street rights-of-way. Review of the site shows that all signage encroaching into the street right-of-way has been moved out of the right-of- way, which automatically removed the "SP" Special Permit for signs on the City's Official Zoning Map. • The "Cl" Intensive Commercial District contains a number of differences compared with the existing zoning districts. Several of these differences include: o The "Cl" District contains no front yard setback requirements and no side or rear yard setback unless abutting a residential use, then a 10 -foot setback is required. o The "Cl" District allows off-site advertising signs (billboards). o The "Cl" District allows outside storage. Planning Commission Final Report Page 5 • Along Ocean Drive, a designated scenic corridor, the City has, in the past, required zoning districts which contain at least a 20 -foot building setback. The "Cl" District does not require a landscaped building setback. Approval of the "Cl" District along Ocean Drive will offer less protection of this scenic corridor. • In addition to the lack of a building setback in the "Cl" District, off-site advertising and outside storage uses are permitted and would conflict with the goal of protecting Ocean Drive as a scenic corridor. • Commercial uses are appropriately located along an arterial roadway. While shown on the City's Existing Land Use map as a public/semi-public use, the hospital has similar traffic generating characteristics as a large commercial center. Therefore, the hospital is appropriately located with excellent access to the arterial street system. • The proposed rezoning could alter the character of the immediate vicinity especially the character of Ocean Drive. • The proposed rezoning could negatively impact the surrounding properties. • In staff's opinion, the "Cl" Intensive Commercial District allows uses that are not consistent with the goals of the Comprehensive Plan. As an alternative, the existing "CR -1" Resort Commercial District along the Ocean Drive frontage should be expanded to rezone the "RM -3" Multifamily 3 and the "ON" Office Districts and the "CG -2" General Commercial District should remain in place. Both the "CR -1" and "CG -2" Districts allow medical facilities, including hospital uses and accessory uses such as a helipad. Off-site advertising and outside storage uses are not permitted in these two districts. In addition, approval of an "SP" Special Permit to reduce the setback requirements on Elizabeth Street, Ayers Street, and Third Street will address the building encroachment issues without losing the 20 -foot setback on Ocean Drive, a scenic corridor. Staff Recommendation: Denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG- 2/SP" General Commercial District with a Special Permit for a helipad and, in lieu thereof, approval of: Tract 1: "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street. (See Tract 1 Exhibit) Tract 2: "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street. (See Tract 2 Exhibit) Planning Commission Final Report Page 6 Public Notification Number of Notices Mailed — 62 within 200 -foot notification area 4 outside notification area As of September 19. 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 6 property owners inside notification area — 0 outside notification area Totaling 3.19% of the land within the 200 -foot notification area in opposition. Attachments: 1. Map of Tract 1 and Tract 2 2. Metes and Bounds Description of Tract 1 and Tract 2 3. Site Plan 4. Applicant Proposed Setbacks 5. Existing Building Encroachments Location Map (Existing Zoning & Notice Area) 6. Application 7. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0816-02 Christus Spohn Health System\Council Documents\Report for CC_0816- 02 Christus Spohn Heath System Revised.doc Metes & Bounds Description of Tracts 1 & 2 TRACT 1 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue for the Point of Beginning of a 5.81 Acre tract; Thence, South 19° 06' 16" East, with the centerline of said Ocean Drive, 1246.87 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, with the centerline of Ayers Street, 210 Feet; Thence, North 19° 06' 16" West, 1247.11Feet, to the centerline of Morgan Avenue; Thence, North 85° 46' 14" East, with the centerline of Morgan Avenue, 210 Feet, to the Point of Beginning, containing 5.81 Acres (253,118.95 Sq. Ft.) of Land, more or less; TRACT 2 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue; Thence South 85° 46' 14" West, with the centerline of Morgan Avenue, 210 Feet to the Point of Beginning of a 16.65 Acre tract; Thence, at a point on the centerline of said Morgan Avenue; Thence, South 19° 06' 16" East, 1247.11 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, 853.23 Feet, to the centerline of Santa Fe Street; Thence, North 19° 06' 52" West, 623.73 Feet, to the centerline of Elizabeth Street; Thence, North 85° 44' 06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of Third Street; Thence, North 19° 06' 22" West, with the said centerline of Third Street, 292.34 Feet; Thence, North 85° 46' 14" East, departing the said centerline of said Third Street, 174.24 Feet; Thence, North 19° 06' 22" West, 101.09 Feet; Thence, North 85° 46' 14" East, 173.96 Feet; Thence, North 19° 06' 22" West, 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85° 46' 14" East, 158.39 Feet, with the said centerline of Morgan Avenue, to the Point of Beginning, containing 16.65 Acres (725,137.45 Sq. Ft.) of Land, more or less; MORGAN AVE. NEW HELIPAD h LOADING EXISTING CCE AND PAVILION BUILDINGS ELIZABETH ST. NEW CENTRAL UTILITY PLANT 41 III III EXISTING GARAGE III 111'1 ■ EMOLISHE UILDINGS AYERS ST. IAdINIPW"PMriMriqi1 i OCHRISTUS Spohn Shoreline Campus Plan CHRISTUS Spohn Shoreline Campus Plan P E R K I N S+ W I L L —661▪ .66-66. 1.31,00. 1151.76. — _ —^omm666.mv . 16 4r. o y\• uilding Setbacks ...q.ngV12711 6507 \proposed setbacbtl, ar,2016 6.. pm Existing Building Encroachmen 1 CASE: 0816-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 pH Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PDD Planned UnitDev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Single-Family4.5 RS -TF Two -Family RS -15 Single -F amily 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Horne nSubject PropertyOwners wet? 200' buffer in Favor 4 Cw nets w ith200' listed on X Owners attached ownersh0 table o opposition Bat Created: 8/19/2010 Prepared By: ivetteM Beveio1ornent Services SUBJECT PROPERTY LOCATION MAP • City of Corpus Christi 16-10000031 Corpus Located osvu co 4 1 .s, •. y " `,' Development Services Dept.; P.O, Box 9277 Christi, Texas 78469-9277..-7,- (361) 826-3240 at 2406 Leopard Street J REZONING APPLICATION ;ate^` �i' , 4�� ct: - FQ 0816-02 045043 Case No.: Map Na: August 24, 2016 PC Hearing Date: 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 NEARING. lNCOMPLE7E APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Urban Engineering Contact Person : Xavier Gaivan Mailing Address:2725 Swantner Drive Cary, Corpus Christi state: TXziP: 78404 Phone: (361 )854-3101 E-mail:Cell: ( 361 ) 854-3101 2. Property owner(s): Christus Spohn Health System Corporation Contact Person : Derrick Walls Mailing Address: 600 Elizabeth Street City:Corpus Christi state:TX zIP:78404 Phone: ( ) E-mail:Cell, ( 817 ) 691-2062 3. Subject Property Address: 600 Elizabeth Street Area of Request (SFlacres): 22.46 Acres ON,CR-1, CG -2 & RM -3 CI Current Zoning & Use: Proposed Zoning & Use: g 5983-0001-0010, 5983-0002.0045, 5983.0009-0000, 5983-0012-0010, 5983-0010-0010, 983-0010-0012, 5883-00T1-0010, 5983-0013-0040, 5983-9011-0050 5983-0011-0000, 5983.0011.0100, 5983.0011-0120, 5983-0011-0130 a 5983-0011-0131 12 -Digit Nueces County Tax ID: - _ - ,_, Subdivision Name: Block: Lot(s): Lots 1-3, Block f, Lots 1-22, Stock IX, Lots 1-14, Block X & Lots 1-14, Block X4 Ocean View, Lots 1-8, Block A & Lots 1-0, Block 8 Bay Terrace and Legal Description if not platted: portions of adfacent alleys, Morgan Avenue, Elizabeth Street, Ayers Street, Santa Fe Street, Second Street, Third Street and South Shoreline Boulevard 4. Submittal Requirements: Q Early Assistance Meeting: 111 Land Use Statement IF APPLICABLE: Date Held 4-13-15 ; with City Staff Jessica Alford Permit Authorization 0 Disclosure of Interest 0 Copy of Warranty Deed is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder landowner is not signing this form • Peak Hour Trip Form (if request © Metes & Bounds Description Appointment of Agent Form if 1 certify that have provided the City of Corpus Christi with a complete application for review, th. 1 am : uthorized to initiate this rezoning or on behalf of the Property Owner(s), an. the information provide t is a urate. 1 Own r en t S g re ; + cant ignatur (Il a f k s - r c.o.%-ce utvo..n Owner() enl's Printed N me Applicant's • ranted Nettie 'Office ftzpmng No. Use Only: bate Received: 1 3 16 Received By hki ADP: SE. Fee J975 + PUD Fee 0 + Sign Fee 70 (tft 'natal Fee Signs Required © $19lsign 2,0:4675 SIgn Posting Date: ; IC DEVELOPMENTSVCSISHARED\LANL1 DEVELOPMENTVsPPLICAT10N FORMSIREZONING4ZONLNG APPLICATION 2015, DOC arm Revise LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner is requesting a change of zoning from ON, CR -1, CG -2 and RM -3 to CI. The request is being made to clean up the multiple zonings for the Spohn Shoreline Medical Campus. The campus is currently under construction to renovate the facilities. The owner is also re -platting the properties to combine the various tracts they own in order to comply with current UDC requirements. 2. Identify the existing land uses adjoining the area of request: North - Morgan Avenue - CR -1 (Parking) Ayers Street - ON (Medical Offices and Spohn Guest House) and RM -1 (Apartments and Parking) South - East - Ocean Drive - CR1(Vacant) and RM -3 (Condominiums) Third Street - CG -2 (Medical Offices)/Santa Fe - ON (Medical Offices) and CG-2(Medical Offices) West - C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC Exhibit A 22.46 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B507 March 22, 2016 Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of South Shoreline Boulevard (formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street (formerly known as Starr Avenue), a 75 Foot Wide Public Right -of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said Map Records; the said 22.46 Acre Zoning Tract being more fully described as follows: Beginning, at the intersection of the centerline of the said South Shoreline Boulevard and the centerline of the said Morgan Avenue; Thence, with the boundary of this Tract as follows: • South 19°06' 16" East, with the centerline of the said South Shoreline Boulevard, 1246.87 Feet, to the centerline of the said Ayers Street; • South 85°42'20" West, with the said centerline of Ayers Street, 1063.23 Feet, to the centerline of the said Santa Fe Street; • North 19°06'52" West, with the said centerline of Santa Fe Street, 623.73 Feet, to the centerline of the said Elizabeth Street; • North 85°44'06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of the said Third Street; • North 19°06'22" West, with the said centerline of Third Street, 292.34 Feet; S:1Surveying1427111B5071OFFICE\METES AND BOUNDSIFN_42711 B507.docx 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 Thence, North 85°46'14" East, departing the said centerline of the said Third Street, at 30.00 Feet, pass the West corner of the said Lot 4, the South corner of Lot 2, Block IIA, Ocean View Addition, a map of which is recorded in Volume 49, Pages 9-10, of the said Map Records, in all a distance of 174.24 Feet, to an outer ell corner of the said Lot 2, for an inner ell corner of the said Lot 4 and this Tract; Thence, with the common boundary line of the said Lot 2 and the said Lot 4, the boundary of this Tract as follows: • North 19°06'22" West, 101.09 Feet; • North 85°46'14" East, 173.96 Feet; • North 19°06'22" West, at 200.77 Feet, pass the Northeast comer of the said Lot 2, for a Northwest corner of the said Lot 4, in all a distance of 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85°46'14" East, with the said centerline of Morgan Avenue, 368.39 Feet, to the Point of Beginning, containing 22.46 Acres (978,304 Sq Ft) of Land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Fieldwork was performed on April 2015, and does not represent a current on the ground Survey. Also reference accompanying sketch of AN ENGINft Id\-) James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1427111B5071OFFICEWIETES AND BOUNDS\FN 427I1B507.docx Page 2 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 cn O �• � o y —� . o Block 7, Bay View Vol. A, Pg. 24, M.R. N.C. T. q --Morgan Ave. Block 6, BoY Vol. A, Pg. 24, M.R.N. C.T. Point of Beginning Lot 2, Block IIA Ocean Vie �ADddittion c Vol. 49, P9 L4 L2 0 200 15) GRAPHIC SCALE 1"=200' 0,4 G. ss co tel,. Zoning Tact (P1 0�� 34�.0�' _ Elizabeth Street -� 22.48 Acres 4 c 0 c- o .403 9-% LIN 47 Z a o n� nF 6 � 6 7 N s Block 7 I Lot 25, Shock 6 Del Mar Det Mar 5ub�dit23n Vol. 4, Pgs. 5-10, Vol. 48, P M.R,N.C.T, M.R.N.C.T. Exhibit Sketch to Accompany Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Block HA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of South Shoreline Boulevard (formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street (formerly known as Starr Avenue), a 75 Foot Wide Public Right -of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said. Map Records. Block 4 Bay Front Terrace Vol- 3, Pg. 32, R.N.C.T LINE BEARING DISTANCE L1 N 19'06'22' W 292.34' L2 N 8646'14" E 174.24' L3 N 19'06'22" W 101.09' L4 N 8646'14" E 173.96' L5 N 19'06'22" W 230.77' URBAN ENGINEERING IBM Asst NO. 145, TBPLS F213.1 Na 10032400 2725 WANNER O. CORPUS autism. TX 78404 PNCNE; 381.$34.3101 WWW.URBANENa.Cc11 DATE: 03/22/2016 SCALE: 1 =200' JOB NO.: 42711.6507 SHEET: 1 OF 1 DRAWN BY: CDS APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: U [ L ur Mailing Address: 2725 Swantner Drive City: Corpus Christi State: TX Zip: ` -1 $clo Home Phone: ( ) Business Phone: (3(o 1 ) 5-4-3Cell: (.fl '4 is $L{. S I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all comnnunications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, 1 agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other Iegal entity, then I certify that I have the legal authority to make this bin; appointment on behalf of the entity, and every reference herein to "I", "my", or "ane" is a reference to t *Signature of Agent: Printed/Typed Name of Ag ty. r Title:RS ec7r r 4r4. cc 3:4141 Date: r '3 'Signature of Property Owners Printed/Typed Name of Property Ownev-f I)c( Etict,� Title: Date: .7- 6;44 4 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association, O.W,Brown,APPOINTMENT OF AGENT2-19-09.doc DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Christi's Spohn Health System Corporation STREET: 600 Elizabeth Street CITY: Corpus Christi, Texas Zip: 78404 FIRM is:0Corporation °Partnership °Sole Owner ()Association 00ther 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) 1 State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 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: e l Title: --P/tesidect- (Print Name) L. Signature of Certifying Person: ' Date: (- g"--/ K:SDEVELOPMENTSVCSISHAREDILAND DEVELOPME ' ' CATION FORMSSREZONING\DISCLOSURE OF INTERESTS STATEMENT_5.122015.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas ZIP: 78404 FIRM is:° Corporation (Partnership °Sole Owner Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. (5 -cc Certifying Person: r QtAks-doti,. (Print Name) Signature of Certifying Person: K:4OEVELOPMENTSVCS\SHARE45LAND DEVELO NTIAPPL Title: (l)� Date: 1 ' -1 6 ATION FORMS4RE$Q;,VINGtOESCLOSURE OF INTERESTS STATEMENT_5.12.2015.000 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 Junta v clue requieren servicios especiales, se les suplica clue 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 diricirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "Cl" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. August 24, 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 OW NER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O, BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROV DED 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: "''me1 % ke Address: ?, C of, 0 /'>'. CitylState: (o/ 4,' (/ t 1 (4 ( ) IN FAVOR (N OPPOSITION Phone: _./--3‘/� - IST Jct irr REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 26 HTE# 16-10000031 Case No. 0816-02 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 intencit n de asistir a este junta v aue reauieren servicios esDeciales. 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 is iunta v su inctles es limitedo. favor de Ilamar al deoartamento de servicios de desarrollo al ntamero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District. "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helloed to the "CI" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks i, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 24. 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 OW NER(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: J i ti �e r Address: SJJO g a Dr ( ) IN FAVOR (JN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID. 30 HTE# 16-10000031 City/State: C0 ; (/]r/S / T Phone: 1-3(/ c2/f—.3,2 �f Case No. 0816-02 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 incaoacidades, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiales, se les suDlica aue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a Ia commission durante la iunta v su inales es limitado, 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 presence durante la junta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "CI" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks 1, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 24, 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: fl/re! _/QP Address: J s -o a�4r7 fr: ( ) IN FAVOR REASON: City/State: C %//, (h/'JSG( ?X ( IN OPPOSITION Phone: 1730 `✓al, SEE MAP ON REVERSE SIDE Property Owner ID: 48 HTE# 16-10000031 .74,r Signature Case No 0816-02 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 Ia intention de asistir a este junta v aue recuieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su ineles es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar Iun interorete ser presente durante la junta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District. "ON" Office District. "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "CI" intensive Commercial District. The property to be rezoned is described as. Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 24, 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 OW NER(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: 10/70/ Are Address: Sad te-ea n dr City/State: eor lv f' C41 S 6 { ) IN FAVOR (l OPPOSITION Phone: )-36/— REASON: 36/—REASON: SEE MAP ON REVERSE SIDE Property Owner ID. 6 HTE# 16-10000031 Signature Case No. 0816-02 Project Manager: Bob Payne Printed Name: J Y) / © ZilliMA1 w NJ Address: (ti coRe4A) be. /bI ( ) IN FAVOR (AIN OPPOSITION REASON: LTJ Alt rYLa 11%' ucliw MA) (3gli110 7 -rule( an ht rcrrivd S!`an, SEE MAP ON REVERSE SIDE Property Owner ID: 11 HTE# 16-10000031 City/State: r i15 o f 5fs . 7X1`' 1` Phone: 361- 22 br aro- -7a5- SrIt/ Case No. 0816-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested 10 contact the Development Services Department at least 48 hours in advance at (361) 826-3240- Personas con iincaDacidades, clue tienen la intention de asistir a esta junta y aue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta y 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 junta para solicitar t r ■ r me durante la 'u ta RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "Cl" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive 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, August 24, 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 OW NER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: 7/ f,. 4t1 s- J ( ) IN FAVOR REASON: OPPOSITION tVZfori---fua-‘q,k1'aJ lis SEE MAP ON REVERSE SIDE Property Owner ID. 53 HTE# 16-10000031 City/State: (624S C 44/‹. Phone: Z L !- I rrr6q0/41. 0,/45 76 r* 112 /z w -� d F Mir s-' /Ak Signature Pf171 Case No. 0816-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica oue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al ntamero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limited°. favor de Ilamar al departamento de servicios de desarrollo al n )mero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "CI" Intensive Commercial District. The property to be rezoned is described as. Being a 22.46 -acre tract of land encompassing Blocks i, IX, X, and XI, Ocean View Subdivision, Lot 4, Block iIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. August 24, 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 PROPERTYOWNER(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:• Q h E ' it) (U n N iV Efa. Address: 5 QJ.i Del ( ) REASO VAR ( )INpISITION :Migeei cL47;;MI.,) vt/1:t itZtA/(4� �OSl'�i7Olt, SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 16-10000031 City/State:('. Phone: -se ( &o Case No. 0816-02 Project Manager. Bob Payne August 18, 2016 Shall Lithotripsy (treatment for kidney stones) be incorporated into the hospital proper or continue as occurred sometimes in the past? Thanks for your mailed notification. I shall attend the August 24, 2016 meeting. IC -0 502 Del Mar Blvd, Corpus Christi, X78404 dorothyspanncc@gmail.com 361.288.6055 Dorothy Bourque Spann 361-288-6055 502 Del Mar Boulevard Corpus Christi, TX 78404 dorothyspanncc@gmail.com AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 11, 2016 Second Reading for the City Council Meeting of October 18, 2016 DATE: August 10, 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 Ordinance - Street Closure of Harney Road, located between Violet Road and Callicoate Road, just north of IH 37. CAPTION: Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions; and providing an effective date. PURPOSE: The purpose of this item is to abandon and vacate a portion of approximately 60 -foot wide public right-of-way and retain a utility easement over the same. BACKGROUND AND FINDINGS: James & Beverly Holman and Michael & Kerry Berry (Owners) are requesting the abandonment and vacation of a developed and surfaced 0.687 Acres portion of an approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, located between Violet Road and Callicoate Road, just north of IH 37. Staff recommends that payment of the fair market value be paid according to City Code, Sec. 49- 12 (c). The Owners have been advised of and concur with the conditions of the public street right- of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure will continue allowing the illegal dumping and the improper use of the street which promote crime. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies objected to the public street right-of-way closure as long as we maintain a utility easement over the same area. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item Onetime Fee $16,037.43 $16,037.43 BALANCE $16,037.43 $16,037.43 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. A Utility Easement is retained over the entire vacated area in favor of City departments and franchised utility companies and Koch. b. An Access Easement is retained over the entire vacated area in favor of abutting owners. c. The Maintenance responsibilities including mowing for the abandoned and vacated area reverts to the abutting owners. d. Pursuant to the City Code of Ordinances, Sec. 49-12, (c), prior to the placement of the ordinance the council agenda, that payment of the fair market value be made in the form of a certified or cashier's check in the amount of $16,037.43. Such funds to be deposited in the street maintenance fund upon passage of this ordinance. e. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. f. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Maps Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions; and providing an effective date. WHEREAS, James & Beverly Holman and Michael & Kerry Berry (Owners) are requesting the abandonment and vacation of a developed and surfaced 0.687 Acres portion of an approximately 60 - foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, located between Violet Road and Callicoate Road, just north of IH 37. This closure is being requested to prevent illegal dumping and the improper use of the street which promote crime. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, October 11, 2016, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, vacate, and abandon the subject portion of the developed and surfaced 0.687 acres' portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. As requested by James & Beverly Holman and Michael & Kerry Berry (Owners), the developed and surfaced 0.687 Acres portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, between Violet Road and Callicoate Road, just north of IH 37 is closed, vacated, and abandoned by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, Exhibit "B," which is the graphical representation for the metes and bounds description, and Exhibit "C" which is the location map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The closure, vacation, and abandonment of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. A Utility Easement is retained over the entire vacated area in favor of City departments and franchised utility companies and Koch. b. An Access Easement is retained over the entire vacated area in favor of abutting owners. c. The Maintenance responsibilities including mowing for the abandoned and vacated area reverts to the abutting owners. d. Pursuant to the City Code of Ordinances, Sec. 49-12, (c), prior to the placement of the ordinance the council agenda, that payment of the fair market value be made in the form of a certified or cashier's check in the amount of $16,037.43. Such funds to be deposited in the street maintenance fund upon passage of this ordinance. e. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. SECTION 3. This ordinance takes effect upon adoption. 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 (361)854-3101 STATE OF TEXAS COUNTY OF NUECES P 0. 80X 6355 • CORPUS CHRISTI, TEXAS 78466-6355 EXHIBIT Al STREET CLOSURE Job No. 39104.00.01 September 24, 2003 FAX (361)854-6001 Fieldnotes for the closure of the southeast portion of Harney Road, as shown on the map of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas; said street closure being more fully described by metes and bounds as follows: BEGINNING at a 1/2 inch iron pipe found for the east intersection of Up River Road, an 80 foot wide public roadway, and said Harney Road for the west comer of a 2.572 acre tract of land out of Share X111, C.C. Hart Partition, as recorded in Document No. 2002045690, for the south comer of this tract; THENCE North 55°18'00" West, along the northeast right-of-way of said Up River Road, a distance of 30.00 feet to the existing centerline of said Harney Road for the west comer of this tract; THENCE North 34°42'00" East, along said existing centerline of Harney Road, a distance of 483.13 feet for the north corner of this tract; THENCE South 65°I9'17" East, along the projected southwest boundary of Nueces River, a distance of 33.94 feet for the north corner of the aforementioned 2.572 acre tract of land and for the east corner of this tract; THENCE South 35°06'02" West, along the southeast right-of-way of said Harney Road, a distance of 489.05 feet to the POINT OF BEGINNING and containing 15,408.40 square feet of land; Bearings based on the recorded plat of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, 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. 5 u9lo4WooIWN19104o001 doe URBAN ENGINEERING By: Dan L. Urban, R.P.L.S. License No. 47 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 mail©urbaneng.com Page 1 of 1 (361)854-3101 STATE OF TEXAS COUNTY OF NUECES Job No. 39104,00.00 June 12, 2003 P O BOX 6355 • CORPUS CHRIST., TEXAS 78466-6355 FAX (361)854-6001 STREET CLOSURE Fieldnotes for the closure of the northwest 30.00 feet of Homey Road (not based on an on -the - ground survey), as shown on the map of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas; said street closure being more fully described by metes and bounds as follows: BEGINNING at a point on the northwest right-of-way line of Up River Road, an 80 foot wide public roadway, for a comer of said Lot 9A, for the beginning of a circular curve to the left whose radius point bears North 34'42'00" East, a distance of 10.00 feet, and having a central angle of 90°00'00", a radius of 10.00 feet, a tangent length of' 10 00 feet and an arc length of 15.71 feet; THENCE along said circular curve to the left an arc length of 15.71 feet to a point on the southeast boundary of said Lot 9A, same being the northwest boundary of said Harney Road and this tract; THENCE North 34`42'00" East, along the common boundary of said Lot 9A and said Harney Road, a distance of 474.24 feet to a point on the southwest boundary of the Nueces River, as shown on the recorded plat of said Nuecestown, for the east corner of said Lot 9A, same being the north corner of this tract; TI-IENCE South 53°10'55" East, along the projected southwest boundary of Nueces River, a distance of 30.02 feet to a point on the existing centerline of said Marney Road for the east corner of this tract; TI-IENCE South 34 42'00" West, along the existing centerline of said Harney Road, a distance of 483 13 feet for the south comer of this tract; THENCE North 55°18'00" West, parallel to the centerline of said Up River Road, and 40.00 feet distant from, measured at right angles thereto, a distance of 40.00 feet to the POINT OF BEGINNING and containing 14,532.08 square feet of land. Bearings based on the recorded plat of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas. Unless this ficldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. URBAN ENGINEERING By m% X(41 Dan L. Urban, R.P.L.S. License No. 4710 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 mail@urbaneng.com 0 $AN °'ESstO�••o d DAN LEE UR 00tnCtn0 =X=riW>-D-I mzm 171 '-710 c Ow :.—C W"• ( II m j O j �0 0 N O N O O O O O W UP RIVER ROAD ---' --f— —f N55' 18'00"W 40.00' 31N30 ONUS' 2, 0 z A "POINT OF BEGINNING" FOR FIELDNOTES DESCRIPTION 0 0 0 r--1x�`zs nn -�-.. _..—. II II I� II LOT 9B N O O'Q NUECESTOWN C p o VOL 47, PG. 246, MAP QoJo RECORDS OF NUECES COUNTY, TEXAS es - i0 • S53'10'55'1 30.02 NUECES RIVER 2 clowcno B Q• W m nxcoo (11 g Sc UP RIVER ROAD f N5618'Od'W FD. 1/2 LP. 30.00' - 8 ZOZ 00 m Z 0 z A 3 NUE�CESTOWN VOL 47, PG. 246. IMP RECORDS OF NIECES COUNY. MICAS NUECES RIVER 0 0 CA 0 =X=riW>-D-I mzm 171 '-710 c Ow :.-C W"• ( II m j O j �0 0 N O N O O O O O W UP RIVER ROAD ---' --f— —f N55' 18'00"W 40.00' 31N30 ONUS' 2, 0 z A "POINT OF BEGINNING" FOR FIELDNOTES DESCRIPTION 0 0 0 r--1x�`zs nn -�-.. _..—. II II I� II LOT 9B N O O'Q NUECESTOWN C p o VOL 47, PG. 246, MAP QoJo RECORDS OF NUECES COUNTY, TEXAS es - '0 • S53'10'55'1 30.02 NUECES RIVER Vicinity Map Harney Street Closure AERIAL MAP Harney Street Closure 1 N AERIAL MAP STREET CLOSURE Nueces River nra�: Mart E /&Jr9 arkrimPPIngi.AarailrktiOrt I 'auiiaa3©p,, and NO Liam( Cibrfl uuthy t N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: TO: Margie C. Rose, City Manager September 22, 2016 THRU: Annette Rodriguez, M.P.H., 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 Tuberculosis Prevention and Control -State (TB/PC-STATE) grant amendment in the amount of $61,645.00, and appropriation of the funds for the contract period September 1, 2016 through August 31, 2017 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $61,645.00 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of $61,645.00. The cash match has been included in the Health Department County General Fund Budget for FY2016. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. 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 September 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2016-2017 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount This item $61,645.00 $61,645.00 BALANCE $61,645.00 $61,645.00 FUND(S) Grant Comments: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of $61,645.00. The cash match has been included in the Health District County General Fund Budget for FY2016 and FY2017. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-001398-01 (Amendment #01) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $123,290.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of September 1, 2015, through August 31, 2017, to provide continued tuberculosis prevention and control services. Section 2: That the increased grant amount of $61,645.00, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-STATE grant in the Health Department. Section 3: The amendment includes revisions to Section 7,I -A. Provisions of Service; Section 7,1-C Medications and Supply Inventory; Section 7,I -F Reporting; Section 7, 11 Performance Measures; Section 16 Special provisions; and deletion of Section 7,I -D Use of Interferon Gamma Release Assay Tests. Section 4: Further the City Council ratifies acceptance of the grant to begin as of September 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/State RENEWAL Signature Page DCPS-2017-TB/PC-ST-00013 DEPARTMENT OF STATE HEALTH SERVICES Amendment # 01 The Department of State Health Services (DSHS) and Corpus Christi-Nueces County Public Health District (Contractor) agree to amend Contract No. 2016-001398-00 (Contract), which was effective on September 1, 2015. This Contract has been not been amended prior to this Amendment. 1. The Parties agree to amend Section II of this Contract to add SIXTY-ONE THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS ($61,645.00) to increase the total amount that the Contract will not exceed to ONE HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED NINETY DOLLARS ($123,290.00). II. The Parties agree to amend Section IV this Contract to extend the end of the Contract term to August 31, 2017. III. The Parties agree that the amended Contract will be denominated Contract No. 2016-001398-01 for administrative purposes. IV. The Parties agree to amend Section 7-A PROVISION OF SERVICES of this Contract by adding the following: The Contractor may, at its discretion, elect to provide directly observed therapy (DOT) using a video platform. To the extent Contractor elects to utilize DOT using a video platform, it comply with the requirements outlined in the Requirement and Recommendation Guidance Document for Video DOT located at http://www.texastb.org. V. The Parties agree to delete in its entirety Section 7-C MEDICATIONS AND SUPPLY INVENTORY MANAGEMENT of this Contract and replace it with the following: Contractor shall order TB medications through DSHS-enabled pharmacy ordering system. Contractor shall ensure that TB medications purchased with DSHS TB Branch funds are used In a prudent manner that contributes to disease control in their service area and shall not be distributed to other entities. Contractor shall monitor and manage its usage of medications and testing supplies fumished by DSHS in accordance with first -expiring -first -out (FEFO) principles of inventory control to minimize waste for those products with expiration dates and set maximum stock levels at a 1 -month supply and based on the number of patients receiving treatment. Between the first and the seventh working day of every month, the Contractor shall perform a physical count of its inventory of medications and supplies fumished by DSHS and appropriately reconcile the quantities by product and lot number in the Inventory Tracking Electronic and Asset Management System (ITEAMS). Failure to reconcile in !TEAMS may prohibit release of medications. All DSHS-purchased medications shall be stored properly and securely, in accordance with manufacturer's instructions (refer to TB Work Plan, Section V). Products that have not been used in nine (9) months, or will not be used in nine (9) months shall be retumed to DSHS Pharmacy or transferred to another TB program where the demand may be greater and recorded in ITEAMS. Contractor shall obtain a TB expert physician consultation and approval from the TB Branch prior to ordering the following second -line medications: -Injectable Agents: capreomycln, kanamycin, amikacin, streptomycin; • Fluoroquinolones: levofioxacin (Levoquin), ciprofloxacin, moxifloxacin, ofloxacin; -Bacteriostatic Agents: ethionamide, para-aminosaiicylic acid, cycloserine; and • Other Agents: clofazamine, linezolid, bedaquiline, clarithromycin, amoxicillin. Contractor may distribute Purified Protein Derivative (PPD) and syringes for TB skin testing to correctional facilities that meet Texas Health and Safety Code, Chapter 89 requirements. Contractor shall monitor distribution of these items in accordance with screening activities submitted on the correctional monthly report. VI. The Parties agree to delete In its entirety Section 7-D 08/22/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 T6lState RENEWAL Signature Page DCPS-2017-TB/PC-ST-00013 USE OF INTERFERON GAMMA RELEASE ASSAY TESTS of this Contract and replace it with the following: I. Perform tuberculosis screenings using DSHS-supplied interferon gamma release assays (IGRA). DSHS reserves the right to select either T-SPOT®.TB and/or QuantiFERON®—TB Gold in -tube tests for the following populations in accordance with DSHS-approved age requirements: a. TB suspects; b. TB cases; c. Contacts to TB suspects and cases — Consultation with the TB Branch is required for contact investigations in which 50 or more persons are targeted for screening; d. Targeted testing except screening in correctional facilities — Monthly screening reports shall be submitted in accordance with reporting schedule; and e. Routine screening of employees providing TB services. 2. IGRA testing products/supplies supported by DSHS funds shall not be provided to any organization or establishment without documented approval from the TB Branch. VII. The Parties agree to amend Section 7-F REPORTING of this Contract by adding the following: 1. Provide a complete and accurate Annual Progress Report covering the period from January to December 2016, in the format provided by DSHS, demonstrating compliance with requirements of the contract during that time period. The report shall include, but Is not limited to, a detailed analysis of performance related to the performance measures (see Section 11 FY16 Performance Measures). 2. The Contractor's Annual Progress Report shall not be combined with another Contractor's or health service region's Annual Progress Report. The report is due March 15, 2017, and shall be sent to the TB Reporting Mailbox at TBContractReporting©dshs.state.tx.us (refer to TB Work Plan, Section IX, 0). Any individual -level patient data must be sent via the PHIN. Contractors can mail the Annual Progress Report to their DSHS Health Service Region (HSR) thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to a DSHS HSR, the deadline for submission to the TB Branch remains unchanged. VIII. The Parties agree to amend Section 7- Performance Measures of this Contract by adding the following: 1. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 82.9% is required. If fewer than 82.9% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 2. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Directly Observed Therapy (DOT). For FY17 reporting, data will cover all cases from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not Tess than 91.6% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.6%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 3. Newly -reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not Tess than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to Improve that percentage, on a timeline set by DSHS. 4. Newly -reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease shall have sputum acid-fast bacilli (AFB) -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 91.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.5%, then DSHS may 08/22/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TBIState RENEWAL Signature Page DCPS-2017-TS/PC-ST-00013 (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 5. Newly -reported cases of TB with AFB positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015-12/3112015). A compliance percentage of not less than 95% is required. If data indicates a compliance percentage for this Performance Measure of less than 95%, then DSHS may (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS. 6. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less.'Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY17 reporting, data will cover all cases from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 87% is required. If data indicates a compliance percentage for this Performance Measure of less than 87%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 7. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 8. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12131/2015). A compliance percentage of not less than 97.8% is required. If data indicates a compliance percentage for this Performance Measure of less than 97.8%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 9. Newly -reported TB patients with a positive AFB sputum -smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 92% is required. If data indicates a compliance percentage for this Performance Measure of less than 92%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 10. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case shall be evaluated for TBI and disease. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 82.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 82.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, an a timeline set by DSHS. 11. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with TBI shall be started on timely and appropriate treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 12. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with TBI and that were started on treatment shall complete 08/22/2016 Corpus Christi-Nueces County Public Health District (City) MCPS FY17 TS/State RENEWAL Signature Page MCPS 2017 TBIPC-ST-00013 treatment for TBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000; according to timelines given, therein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -1213112016). A compliance percentage of not less than 50% is required. If data indicates a compliance percentage for this Performance Measure of Tess than 50%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate a medical evaluation within 30 days of arrival. Arrival is defined as the first notice or report; whether that is by fax, phone call, visit to the health department or EDN notification. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/3112016). A compliance percentage of not less than 62% is required. If data indicates a compliance percentage for this Performance Measure of less than 62%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate and complete a medical evaluation within 90 days of arrival. For FY17 reporting data will be drawn from calendar year 2016 (11112016-1213112016). A compliance percentage of not less than 60% is required. If data indicates a compliance percentage for this Performance Measure of less than 60%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US, increase the proportion who start treatment. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -1213112016). A compliance percentage of not less than 64% is required. If data indicates a compliance percentage for this Performance Measure of less than 64%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 16. For Class B Immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TB Infection during evaluation in the US and started on treatment, increase the proportion who complete treatment for TB infection. For FY17 reporting, data will be drawn from calendar year 2015 (11112015 -1213112015). A compliance percentage of not less than 70% Is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS If Contractor fails to meet any of the performance measures, Contractor shall furnish In the Annual Progress Report, due March 15, 2017, a written narrative explaining the barriers and the plan to address those barriers. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach I X. The Parties agree to amend Section 16 of this Contract to add the following: General Provisions, ARTICLE XXI. PROGRAM OPERATIONS, Section 21.05, Contractor's Notification of Change to Certain Contract Provisions to replace it with the following: Subject to the following restrictions, without prior approval, Contractor may transfer money between budget categories and must provide the System Agency Contract Manager with prior notification of this transfer. No budget category transfer or cumulative transfers may exceed 25% of the total contract value or $100,00, whichever is less. If the budget transfer(s) exceeds $100,000, alone or cumulatively, prior written approval from the System Agency is required. If the budget transfer(s) exceeds 25% of the total contract value, alone or cumulatively, a formal contract amendment is required. X. Except as provided in this Amendment, all other terms and conditions In the Contract will remain and be in full effect. 08/22/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/State RENEWAL Signature Page DCPS-2017-TB/PC-ST-00013 XI. This Amendment is effective on September 1, 2016. By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Contractor Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed By: Date: DSHS Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed by: Date: pproved as to fo a 08122/2016 y City Attorney ney 8/2212018 IntelliGrants TXDSHS- Document Page 1 . 'TEXAS Department of State Health Services My Home My Contracts My Invoices My Archives Document Information: CPS-2017-TB/PC-ST 00013 Parent Information' DCPS-2016TBIPC-ST 00013 1212011 You are here: > Renewal Menu 3 Forms Menu FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT IFFATAI CERTIFICATION ",1111111■111111111111111 - beat GLOBAL ERRORS The certifications enumerated below represent material facts upon which DSHS relies when reporting Information to the federal government required under federal law. tithe Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies In accordance with Texas and U.S. law. Signor furrier agrees thhal It will provide Immediate written notice lo DSHS Sat any time Signor teams that any of the certifications provided for below were eaaneous when submitted or have since become erroneous by reason of changed circumstances If the Signor cannot certify all of the statements contained In this section, Signor must provide written notice to DSHS detailing which of the below statements It cannot certify and why, Organization Name Corpus ChriaB•Nueces County Public Health District (City) Address 1702 Home Road City Corpus Christi Stale Texas 21p Coda (9 digit) 78418 Payee Name City of Corpus Christi Address PO BOX 9277 City Corpus Christi Stale TX lip Code (9 digit) 78469-0277 Vendor identification No 17460005741 MallCode 027 Payee DUNS No.* ISI 069457706 1. Did your organization have a gross Income. from all sources, of zigia than S300,000 in your previous tax year? • Yes -! No Identify contact persons for FFATA Correspondence • FFATA Contact Person #1 Name' Constance Sanchez Email' Constancep4tcctexas.com Telephone' (361) 826-3227 FFATA Contact Parson 02 Name' Email' Telephone' Blandtna Costley Blandlnecalcctexes,com (361)826-7252 M the authorized representative of the Organization. I hereby certify that the statements made by me In this certification form am true, complete and comet to the best of my knowledge, E-Slgnamre Navigation Links Data Status Page Namc Note Created By Last Modified By Fiscal Federal Fundino Accounlab1I tv and Transearencv Act IFFATA1 hdpsJlegrants.dshs.texas.gwlpbjeclPage2.aspx7pgalD=259388omnParenlamnID=110341 aamnlD=110345 112 9f22/2016 IntellIGrards TXDSHS - Document Page d Ci I cz tloq Sionature Pace Share, Kathy- DCPS 7111/201 6 10:08:04 AM Too of the Page Powered by IntelIGrantsr" O Copyright 2000.2015 Agate Software, Inc httpsllegrants.dshs.tmcas.gov/O6jeciPage2.aspapga1D=25938SamnParent omn1D=1103418omnID=110345 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: Legistar Number: 16-1129 October 18, 2016 Agenda Item: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Amount Required: (Amount to be Certified) $61,645.00 Fund Name Accounting Unit Account No. Activity No. Amount Grants - TB/PC (State) 1066-102 830417S 61,645.00 Total 61,645.00 Comments: Acceptance of the grant amendment requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of $61,645.00. The cash match has been included in the Health District County General Fund Budget for FY2016 and FY2017. X Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: TO: September 15, 2016 Margie C. Rose, City Manager THRU: Annette Rodriguez, M.P.H., 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 IMM/LOCALS Immunization Branch -Locals Grant Amendment in the amount of $241,637, and appropriation of the funds for the contract period September 1, 2016 through August 31, 2017. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00, increasing the total amount to $966,548.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the amended contract period September 1, 2013, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637 to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to the population of the State of Texas. 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 September 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $241.637 $241.637 BALANCE $241.637 $241.637 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. The Department of State Health Services ("DSHS") allows the Health Department to charge fees to administer vaccines provided by the grant; however, any fees collected during each month of the grant must be deducted from each monthly grant reimbursement request made to DSHS. Annual grant program fees are estimated to be $70,000 that has been included in the FY2016 Health Department Budget. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-000014-01 Amendment #04 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00, increasing the total amount to $966,548.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the amended contract period September 1, 2013, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $966,548.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of September 1, 2013, through August 31, 2017, to provide personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger. Section 2: That the increased grant amount of $241,637.00, is appropriated in the No. 1066 Health Grants Fund to continue the IMM/LOCALS grant in the Health Department. Section 3: The amendment includes revisions to Section 7 Statement of Work; Section 15 Programmatic Reporting Requirements; Section 16 Special Provisions; and Exhibit A, Work Plan, is replaced with Exhibit A-1, Work Plan. Section 4: Further the City Council ratifies acceptance of the grant to begin as of September 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DEPARTMENT OF STATE HEALTH SERVICES ' h AMENDMENT #: 04 The Department of State Health Services (DSHS) and Corpus Christi•Nueces County Public Health District (Contractor) agree to amend Contract No. 2014-000014-00 (Contract), which was effective on September 1, 2013. This Contract has been amended 3 times prior to this Amendment. The Contract as amendment is denominated Contract No. 2016-000014-01. I. The Parties agree to amend Section 2 of this Contract to Increase the total amount of Contract to NINE HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED FORTY-EIGHT DOLLARS (1966,548.00). The total payment to Contractor for the period from September 1, 2016 through August 31, 2017, will not exceed TWO HUNDRED FORTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN DOLLARS ($241,637.00). Il. The Parties agree to amend Section 4 of this Contract to extend the end of the Contract term to August 31, 2017. III. The Parties agree to amend Section 7 of this Contract to add the following Contractor shall Inform and educate the public about vaccines and vaccine -preventable diseases, as described in the DSHS Immunization Contractors Guide for Local Health Departments (located at htlp:llwww.dshs.state.bc.usCmmunizeldocskontraclorlEl1-139B5_FY2Q17 ContraclorsGuide.pdf). For Contracts of $100,000 or more, Contractors should monitor expenditures to ensure that cumulative budget transfers among direct cost categories, with the exception of the Equipment category, do not exceed 25% of the Contract total budget. Transfers to or from the Equipment category require prior approval from DSHS unless the transfers are done in accordance with the guidelines in the CFPM. Costs that result in cumulative budget transfers among direct cost categories that exceed 25% of the total Contract budget are subject to being disallowed unless prior approval is obtained from DSHS. Contractors are not required to obtain approval from DSHS for cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, for Program Attachments of less than 5100,000, provided that the total budget amount is unchanged. Contractor shall send at least one representative to Immunization Branch mandatory meetings held in Austin, including the 1) Immunization Branch local health department held in the fail of every year and the 2) TVFC Annual Training held in January/February of every year. Additional mandatory meetings may be required during the contract term. Contractor shall submit out of stale travel requests to the Immunization Branch for approval when utilizing contract funds or program income. IV. The Parties agree to amend Section 7 of this Contract to revise the following: Contractor shall be responsible for conducting outreach regarding vaccinations for children (19 through 35 months of age In the Contractor's jurisdiction) included an the list distributed to Contractor by the ImmTrac Group at DSHS. Lists are distributed through ImmTrac at the start of each quarterly reporting period. Contractor shall be responsible for conducting outreach to 17-year-olds included on the lists distributed to the Contractor by the ImmTrac Group at DSHS to explain the lifetime registry and obtain their consent la remain In ImmTrac as an adult. Lists are distributed on October 1st; December 1st; February 1st; April 1st; June 1st; and August 1st. Page 1 of 3 DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT #: 04 Contractor shall be responsible for conducting outreach to existing ImmTrac providers that have not logged in into lmmTrac in the last 90 days. Lists are distributed on September 1st, November 1st; January 1st; March 1st; May lst; and July 1st Contractor shall review monthly contract funding expenditures and salary savings from any contract -paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this contract before the end of the contract term, Contractor shall perform activities in support of the Immunization Cooperative Agreement, HCR Immunization and Vaccines for Children Program, from the Centers for Disease Control and Prevention. CFDA # 93.268 V. The Parties agree to amend Section 15 of this Contract to add the following Report Name Frequency Period Begin Panod End Due Date LHD ILA Quarterly Report Quarterly 09/01/2016 11/30/2016 12/31/2016 LHD ILA Quarterly Report Quarterly 12/01/2016 02/28/2017 03/31/2017 LHD ILA Quarterly Report Quarterly 03/01/2017 05/31/2017 06/30/2017 LHD ILA Quarterly Report Quarterly 06/01/2017 08/31/2017 09/30/2017 Financial Status Report Quarterly 09/01/2016 11/30/2016 12/31/2016 Financial Status Report Quarterly 12/01/2016 02128/2017 03/3112017 Financial Status Report Quarterly 03/01/2017 05/31/2017 06/30/2017 Financial Status Report Quarterly 06/01/2017 08/3112017 10/15/2017 VI, The parties agree to amend Section 16 of this Contract to add the following General Provisions, ARTICLE II. Compliance and Reporting, Section 2.06, Applicable Laws and Regulations Regarding Funding Sources, is amended by deleting Section 2.06 in its entirety and replacing It with the following When applicable, federal statutes, regulations and/or federal grant requirements applicable to funding sources and any updates to such 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, 200 or the Code of Federal Regulations (CFR) and 45 CFR 75) 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://www.dshs.state.tx,uslcontracls/links.shlm. Contractor also shall comply with all applicable federal end stale assurances contained In UGMS, Part 11I State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. 11 applicable Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Poky Statement, both of which may be located through web links on the DSHS website at httpI/www.dshs.state.bc.uslcontracts/links.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov, Code Chapter 2105. VII. Exhibit A, Work Plan of the Contract is replaced for the period beginning on September 1, 2016, with the attached Exhibit A-1, Work Plan. VIII. Except as provided in this Amendment, all other terms and conditions in the Contract will remain and Page 2of3 DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT #: 04 be in full effect. IX. This Amendment is effective on September 1, 2016. By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to thls Amendment's terms and conditions. Department Of State Health Services Contractor By: By. Title: Tills Date: Date: App'ovedastof+ ..Jltd 1c1 1.� 11.1 :jou As k : nt Cdy': ns l For ri / Attorney Page 3 of 3 Corpus Christi-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMM/LOCALS-00010 Organization Name: Contract Number. Contract Term: Exhibit Title: Corpus Christi-Nueces County Public Health District (City) 2016-000014.01 Program ID: 911/2016 - 6/3112017 Program Name: 'Exhibit A IMM/LOCALS Immunization Branch -Locals Program Stewardship and Accountability Contractor General Requirement Unit A-1: Implement a comprehensive immunization program. Activities under this requirement shall be conducted in accordance with the Department of State Health Services (DSHS) Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to Standards far Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices found al http://vmw.cdc.gov/vaccines/recsivac-adrnin/rev-immz-stds.htm • Maintain current policies in compliance with the DSHS Immunization Contractors Guide for Local Health Departments and have them available to Contractor's staff, • Lapse no more than 5% of total funded amount of the contract. o Maintain and adjust spending plan throughout the contract term to avoid lapsing funds. o Account for and use Program Income appropriately throughout the contract term. o Maintain staffing levels to meet required activities of the contract and to ensure that all funds in the personnel category are expended. a The funded amount of the contract may be reduced if more than 5 percent of the funded amount of contract Is lapsed in the previous fiscal year. • Submit required Quarterly Local Health Department (LHD) Inter -Local Agreement (ILA) Reports to DSHS Immunization Contracts at dshsimmunizationcontracts@dshsstale.tx.us by Close of Business (COB) Central Standard Time (C.S.T.) on December 31, 2016; on March 31, 2017; June 30, 2017; and September 30, 2017 or the next business day if the date falls on a weekend or state approved holiday. • Submit Corrective Action Plan (CAP) letter to DSHS Contract Management Unit (CMU) within Fifteen (15) business days after On -Site Evaluation if findings are not resolved at time of site visit to the satisfaction of the DSHS Health Service Region (HSR) Immunization Program Manager and DSHS Immunization Branch Contracts staff. Contractor General Requirement Unit A-2: Complete Texas Vaccines for Children (TVFC) site visits, NFC unannounced visits, and follow-up visits assigned by DSHS Immunization Branch or DSHS HSR Immunization Program staff within prescribed timeframes outlined in the TVFC Operations Manual. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct TVFC site visit follow-up and submit results following the process described and within deadlines established in the TVFC Operations Manual. • Conduct TVFC site visits in 100% of subcontracted entitles as listed In the IIA and non-LHD immunization clinics, if applicable. • Conduct TVFC unannounced storage and handling visits at NFC enrolled provider offices within the jurisdiction following the process described and within deadlines established in the TVFC Operations Manual. Contractor General Requirement Unit A-3: Ensure That expired, wasted, and unaccounted-for vaccines do not exceed 5% in Contractor's dinics. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and TVFC Operations Manual. Activities: • Ensure that expired, wasted, and unaccounted-for vaccines do not exceed 5% In Contractor's clinics. • Ensure That all expired, spoiled/wasted vaccines is appropriately identified and entered into the Electronic Vaccine Inventory (EVI) system. • Maintain storage and handling policies and procedures according to the TVFC Operations Manual. (httpJ/www,dshs.state.lx.usfmmunize/tvfrltvfc.manual.shtrn) • Ensure That appropriate routine and emergency vaccine storage and handling plans are in place at each clinic location. • Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when Instructed to do so by the DSHS HSR Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship 09/14/2016 Corpus Christi-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS•2017-IMMILOCAi$-00010 overstocked vaccines and vaccines approaching expiration. Contractor General Requirement A-4: Implement a plan to assure that vaccines provided through the TVFC program are not provided inadvertently to fully privately insured individuals, including children covered by the Slate Children's Health Insurance Program (CHIP). Establish and maintain protocols for screening individuals for eligibility and insurance coverage before administering vacdnes provided through the TVFC program. Contractors may use the TVFC Program Patient Eligibility Screening Record (C-10) and the Adult Safety Net (ASN) Program Adult Eligibility Screening Record (EF11-12842) or electronically store this information. Any child who, upon screening. meets one of the eligibility criteria listed below and is 18 years of age or younger qualifies for state or federal vaccine through the NFC program: a. Eligible for Vaccine For Children (VFC) Vaccine: • Medicaid Enrolled, • No Health Insurance, • American Indian or Alaskan Native, or • Underinsured• served by a Federally Qualified Health Center (FQHC), Rural Health Clinic (RHC), or a deputized provider. b. Eligible for State/Federal Vaccine: • Enrolled in CHIP", or • Other Underinsured—. • Underinsured includes children with health insurance that does not include vaccines or only covers specific vaccine types. Children are only eligible for vaccines that are not covered by Insurance. In addition, to receive VFC vaccine, underinsured children must be vaccinated through a FQHC or RHC or under an approved deputized provider. The deputized provider must have a written agreement with an FQHC/RHC and the stateliocallderritoriai immunization program in order 10 vaccinate underinsured children. •• Children enrolled in separate stale CHIP. These children are considered insured and are eligible for vaccines through the NFC Program as long as the provider bills CHIP for the administration of the vaccine. ••• Other underinsured are children that are underinsured but are not eligible to receive federal vaccine through the VFC Program because the provider or facility is not n FOHCIRHC or a deputized provider. However, these children may be served if vaccines are provided by the state program to cover these non-VFC eligible children. Assessing Program Performance Contractor General Requirement Unit B-1: Conduct educational, promotional, and outreach activities for the general public to enhance immunization awareness, including distribution of DSHS-provided materials. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Contractor will provide vaccine and immunization education to target audiences and to the general public on the benefits of vaccination, the risk of vaccine -preventable diseases, staying on the Advisory Committee on Immunization Practices (ACIP) Recommended Immunization Schedule(s), and the importance of not missing any vaccines. • Inform and educate parents of infants, children. adolescents, adults (men and women), grandparents, seniors, health-care providers, and the general public about vaccines for all age groups and vaccine -preventable diseases. Information should include the importance and benefits of being fully vaccinated, vaccine recommendations, and the location of community vaccination clinics. • Conduct at least one monthly immunization education activity specifically directed to one of the target groups as directed by the DSHS Immunization Branch. • Conduct at least twelve (12) outreach and educational activities during the contract period in accordance with Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095, to each of the following audiences: health-care providers, health-care clinics, hospitals, and any other health-care facility providing health care to adolescents 14 to 18 years of age and report results on the Quarterly Report. Outreach and education activities must focus on the immunization registry and the option for an Individual who is 18 years of age or older to consent to having their immunization records stored within the immunization registry. Additional outreach and educational activities may focus on high schools, colleges, and universities. • Document the activity with the number and type of participants and evaluate activity by obtaining feedback from participants. • Use national immunization observances as opportunities to conduct specific education and promotional activities to give emphasis to the importance and benefits of vaccines: National Infant Immunization Week (NIIW), National Immunization Awareness Month (NIAM), National Adult Immunization Week (NAIW), and National Influenza Vaccination Week (NIVW). • Develop and implement a written communications and customer service plan to assure customers receive consistent, correct immunization Information and services In a courteous and friendly manner an a timely basis. • Participate in special initiatives as directed by the DSHS Immunization Branch, such as the Dairy Queen Coupon project, the Hallmark Card Governor's Program, and others. • Participate in statewide media campaigns by distributing DSHS-developed and produced public service announcements and 09/14/2016 Corpus Christi•Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMM/LOCALS-00010 materials to local television and radio stations, newspapers, parent publications, university newspapers, high school newspapers, and neighborhood newspapers. • Promote www.ImmunlzeTexas.com, the Immunization Branch's website; The Upshot, an electronic newsletter; end the Vaccine Advisory, a vaccine newsletter, to providers in the Contractor's jurisdiction. • Promote and distribute Immunization literature for the public to TVFC providers and Contractor's clinics. • Provide information to clients, families, health-care providers, and the general public on the purpose of the Texas immunization registry, (1mmTrac); the benefits of immTrac participation; and the importance of maintaining a complete immunization history in tmmTrac. • Inform the general public about the TVFC and ASN Programs and the eligibility criteria for participating in the programs. • Distribute TVFC Information and educational materials at venues where parents of NFC -eligible children might Frequent • Distribute ASN information and educational materials at venues and clinics That serve eligible adults. • Inform and highly recommend to the medical community and local providers within the Contractor's' jurisdiction the most current Centers for Disease Control and Prevention (CDC) Epidemiology and Prevention of Vaccine -Preventable Disease (EPI -VAC) training. The most current pink book, tilled Epidemiology and Prevention of Vaccine -Preventable Disease can be found an the CDC website at (http:Rwwtiv.cdc.govlvaccines/pubslpinkbooklindex.htm1) Establish collaborative efforts with appropriate community entities regarding promoting immunizations and the reduction of vaccine -preventable diseases. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Identify providers, hospitals, schools, child-care facilities, social service agencies, and community groups involved in promoting immunizations and reducing vaccine -preventable diseases. • List and maintain contact information of group members and collaborations and identify the best practices they are promoting. • Maintain written agreements and updates of group members and collaborations. • Document communications, group meetings, and planning of activities that promote the Best Practices identified in contract agreement. Documents are to be accessible during site visits. • Report new group members on the Quarterly Report. Contractor General Requirement Unit B-2: As directed by the DSHS Immunization Branch, complete 100 percent or assigned child-care facility and Head Start center assessments and child-care audits. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. As directed by the DSHS Immunization Branch, complete 100 percent of assigned public and private school assessments, retrospective surveys, and validation surveys. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. Activities: • Complete and report 100 percent of required audits/assessments as assigned by the DSHS Immunization Branch. These will include: o Texas Child -Care Immunization Assessment o Child -Care Audit o Annual Report of Immunization Status (school self -assessments) o School Audit o Texas School Immunization Validation Survey o Texas County Retrospective Immunization School Survey (TCRISS) • Assigned surveys/assessments must be completed utilizing the Instructions in DSHS Immunization Contractors Guide for Local Health Departments and the Population Assessment Manual. • Monitor vaccination and exemptions per respective areas for completed audits/assessments. • Analyze, provide feedback, and monitor vaccination trends for public school districts, private schools, licensed child-care facilities. and registered family homes to increase vaccination coverage using audiilassessmenl data. • Identify trends and areas of need for LHD jurisdictions and coordinate interventions. • Collaborate with schools. licensed child-care centers, and registered child-care homes to identify needed Improvements. Report these results/findings to the DSHS Immunization Branch. Contractor General Requirement Unit B•3: Work with TVFC providers to develop quality Improvement processes to Increase coverage levels and decrease missed opportunities using Assessment, Feedback, Incentives, and eXchange (AFIX) components, as appropriate, end move toward use of Immunization Information System (IIS) as primary source of data for provider coverage level assessment. Activities under this requirement shat) be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and the Texas Vaccine for 09/14/2016 Corpus Christi-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-20174MMILOCALS-00010 Children (TVFC) Program Provider Manual. Activities: • Conduct immunization coverage level assessments utilizing the AFIX online tool and (COCASA) in 1001 of subcontracted entitles as listed in the ILA and non-LHD immunization clinics, if applicable. • Conduct follow-up activities for all TVFC compliance site -visits far private providers in their jurisdiction, utilizing the CDC Provider Education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document folow-up activities for TVFC compliance site visits for all sub -contracted entities and non -local health department clinics. The contractor shall submit the final assessment results In the PEAR system within twenty-four (24) hours of conducting the visit. • Conduct TVFC unannounced storage and handling visits at NFC provider offices utilizing the CDC PEAR system and directly enter data into PEAR to document TVFC Unannounced storage and handling visit results at provider offices. The contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24) hours of conducting the visit. Contractor General Requirement Unit 8-4: investigate and document at least 901 of reportable confirmed or probable vaccine -preventable disease (VPD) cases within thirty (30) days of initial report to public health in accordance with DSHS Emerging and Acute Infectious Disease Guidelines at: http:www.dshs.slate.tx.usllDCUtinvestigalionflnvestigation-Guidance!. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to the DSHS Emerging and Acute Infectious Disease Guidelines found ak http:l/www.dshs.stale.tx.usllDCUfnvestigalion/Invesiigalion-Guidance ,NBS Data Entry Guidelines, and current Epi -Case Criteria Guide (both found at: (https:lltxnedss.dshs.stale.tx.us:80Q9IPHINDox/UserResources/) inn conducting this General Requirement and the associated activities. • Complete al data entry Into NEDSS Base System (NBS) following the NBS data Entry Guidelines at (https:lltxnedss.dshs.slate.Ix.us:6009/PHINDox/UserResources/). • Verify and enter complete vaccination history in NBS on all VPD investigations with case status of confirmed or probable. Complete vaccination history should be assessed through ImmTrac, provider offices, school records. or patient records. • Routinely review and follow up on all VPD laboratory reports received, including electronic lab reports (ELRs) sent from DSHS through NBS and Health Alert Network (HAN). • Provide feedback on any unmet performance measures during each Quarterly Report review. • All new VPD surveillance staff will attend Introduction to NBS training and complete the certification process in order to gain access to the NBS system. Contractor General Requirement Unit 135: Educate, inform, and train the medical community and local providers within Contractor's jurisdiction on immunization activities listed below. Activities under this requirement shall be conducted In accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Provide training on TVFC requirements and updates (as described in the TVFC Operations Manual) to NFC providers annually at a minimum. • Document annual training in PEAR for each Provider Identification Number (PIN) in jurisdiction. • Ensure that the TVFC providers have the most up -lo -date, DSHS-produced immunization information in their offices. • Provide training, Information, and technicat assistance to promote the effective use of ImmTrac by private providers (which includes education regarding the benefits of ImmTrac participation), • Educate private providers about the ImmTrac enrollment process and the statutory requirement to report immunizations, • As directed by the DSHS Immunization Branch Identify first responders and their immediate family in the community and inform them of the opportunity to be included in ImmTrac. • Conduct educational training for hospital and health-care providers within the Contractor's jurisdiction, to increase mandatory screening and reporting of hepatitis B surface antigen (HBsAg) -positive women. • Provide training on the prevention of Perinatal Hepatitis B to providers within the Contractor's jurisdiction. • Educate physicians, laboratories, hospitals, schools, child-care staff, and other health providers on VPD reporting requirements. • Educate and update providers on the most current ACIP recommendations for all age groups, as well as on applicable regulatory vaccination requirements. • Provide training relating to Standards for Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices (http:l/www.cdc.govlvacdnes/recshrac•adminlrev-immz-stds,htm) to all immunization providers within Contractor's jurisdiction. • Inform all private providers on the federal requirement that the most current Vaccine information Statements (VIS) must be 09114/2016 Corpus Christi•Nueces County Public Health District (City) Exhibit: Exhibit A IMPS P117 IMMUNIZATION LOCALS RENEWAL DCPS 2017-IMMILOCALS-000111 distributed 10 patients at: (httpJlwww.cdc.govlvacclneslhcplvisfindex.html) • Promote a healthcare workforce that is knowledgeable about vaccines, vaccine recommendations, vaccine safety, VPDs, and the delivery of immunization services. • Educate healthcare workers on the need to be vaccinated themselves. • Provide information to community health-care employers (hospitals. dinics, doctor's offices, long-term care facilities) about the importance of vaccination of health-care workers. • Educate private providers to send National Immunization Surveys (NIS) to the Contractor for research prior to returning the survey to CDC, if applicable. • Coordinate educational and other activities with local Women Infant and Children (WIC) programs to assure that children pailldpating In WIC are screened and referred to their 'medical home for vaccination using a documented Immunization history in accordance with the Standards for Child and Adolescent Immunization Practices at: httpJlwww.cdc.gavlvaccineslrecslvac-adminlrevimmz-stds.htm. • Offer educational opportunities to en WIC programs in the service area, including information about on-line and satellite -broadcast continuing education opportunities from the CDC Continuing Education web site at http:llwww.cdc.govlvaccines/edldefaulLhtm. • Report on education. training, outreach activities or collaborative efforts conducted to the medical community and local providers in the Contractor's jurisdiction and the outcomes on each Quarterly Report. Assuring Access to Vaccines Contractor General Requirement Unit C-1: Engage American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations located within contracted LHD boundaries in immunization activities. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Perform education. training, outreach activities and provide technical assistance for American Indian tribal governments, tribal organizations representing those governments. and tribal epidemiology centers of Alaskan Native Villages and Corporations. • Report on education, training, outreach activities, or collaborative efforts conducted to American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations and the outcomes on each Quarterly Report. Contractor Genera! Requirement Unit C-2: Provide immunization services and ACIP -recommended vaccines in Contractor's clinics to children, adolescents, and adults lo maximize vaccine coverage levels within Contractor's jurisdiction. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Ensure that all ACIP recommended vaccines are routinely available to TVFC patients. • Ensure that all vaccines listed on the ASN vacdne formulary are available to eligible adult patients. • Ensure that every adult uninsured client Identified as et -risk for any VPD be offered vacdnatlons on-site and an -demand or be provided contact information and be referred to the nearest ASN provider. A list of ASN providers can be found at https:llwww.dshs.state.tx.uslasnl. • Recommend the simultaneous administration of all needed vaccines for the patient. • Follow ohly medically supportable contraindications to vaccination. • Verbally educate patients and parents/guardians about the benefits and risks of vaccination and distribute DSHS educational materials, as applicable. as part of this conversation. • Discuss, and attempt to schedule. the next immunization visit at each client encounter. • Explain the benefits of a "medical home" and assist the parent/guardian in obtaining or Identifying the child's medical tome_ • Use a Reminder/Recall manual system, Texas Wide Immunization Client Encounter System , ImmTrac, or other system), • Establish `standing orders' for vaccination in Contractor's clinics. consistent with legal requirements for standing orders (including, but not limited to. those found in the Texas Medical Practice Act). • Implement an employee immunization policy according to CDC recommendations in Contractor's dinics. Erroll and sustain a network of TVFC providers 10 administer federally funded vaccines to program -eligible populations according to CDC./ACIP and National Vaccine Advisory Committee (NVAC) standards. Conduct recruitment to increase the number of ImmTrac providers, TVFC providers, and Perinatal Hepatitis B providers. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct recruitment activities as defined in the TVFC Operations Manual with providers on the DSHS-supplied provider recruitment list. 09114/2016 Corpus Christi-Nusces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMM/LOCALS-00010 • Target adolescent health-care providers for recruitment and emphasize adolescent vaccine requirements and recommendations Contractor General Requirement Unit C-3: Assure compliance with Health and Human Services (HHS) Deputization Guidance. Activities under this requirement shall be conducted in accordance with the DSHS immunization Contractors Guide for Local Health Departments. Activities: • Annually sign Deputization Addendum, and provide immunization services to underinsured children. • Report monthly the number of vaccine doses administered to underinsured clients by age categories 0-6 years and 7-18 years of age as directed by the DSHS Immunization Branch. • Report monthly the number of unduplicated underinsured clients served by age categories 0-6 years and 7-18 years of age as directed by the DSHS Immunization Branch. Contractor General Requirement Unit C-4: Work with partners, as appropriate, to assure coordination of the following activities in order to prevent perinatal hepatitis 8 transmission. a. Identification of HBsAg -positive pregnant women. b. Timely newborn postexposure prophylaxis (PEP) with hepatitis B vaccine and hepatitis B immune globulin (HBIG). c. Timely completion of doses two and three of hepatitis B vaccine. d. Timely completion of post -vaccination serology testing. Ensure all pregnant women are screened for HBsAg and that all HBsAg•pasltive pregnant women are reported 10 the DSHS Immunization Branch. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Develop a surveillance system that includes prenatal care providers, obstetrical and gynecological care providers, family practitioners, and labor and delivery facilities to assure all HBsAg -positive pregnant women are reported to the DSHS Immunization Branch within one week of diagnosis. • Educate prenatal care providers to ensure they are screening pregnant women for HBsAg status during each pregnancy; implement procedures for documenting HBsAg screening results in prenatal care records, and forward original laboratory results to the delivery facility. • Educate delivery hospitals to ensure they verify prenatal HBsAg test results of pregnant women on admission for delivery and test for HBsAg at delivery, regardless of prenatal test results as required by law. • Provide DSHS produced educational materials on how to prevent perinatal hepatitis B transmission for distribution to appropriate clients in agencies that include WIC, religious organizations, refugeelimmigration assistance programs, and other community-based organizations. • Provide trainings, as directed by the DSHS Immunization Branch, to delivery hospitals on reporting HBsAg positive lest results for women who have delivered at their facilities. • Submit all Perinatal Hepatitis 8 educational training conducted each quarter on the Education, Training, lnformation, and Collaborations (EITC) lab of the quarterly report Ensure that all infants born to HBsAg -positive women and women whose HBsAg status is unknown will receive the first dose of the hepatitis B vaccine and HBIG within 12 hours of birth. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Ensure all labor and delivery facilities develop standing orders and policies to administer the first dose of the hepatitis 8 vaccine and HBIG to al -risk infants within 12 hours of birth. • Identify labor and delivery facilities that do not have standing orders and/or policies and educate providers to establish standing orders and policies to administer to at -risk intents the first dose of the hepatitis 8 vaccine and HBIG within 12 hours of birth. • Determine the number of newborns that do not receive the first dose of the hepatitis 8 vaccine and/or HBIG and work with those facilities to ensure all at -risk infants receive the hepatitis B vaccine series and i-IBIG within 12 hours of birth. • Report 10 the DSHS immunization Branch all infants born to HBsAg•positive women within fifteen (15) calendar days of the event. Ensure that 100% of the number of identified infants born to HBsAg -positive women will complete the hepatitis B vaccine series and post -vaccination serology testing. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinasal Hepatitis B Prevention Manual, Activities: • Administer or obtain from the provider or ImmTrac the complete hepatitis B vaccine series. inlanls shall complete the hepatitis B vaccine series by 610 8 months of age if the infant receives a single antigen or Pediarixx vaccine. • Perform post -vaccination serologic testing or obtain from the provider the post -vaccination serologic lasting results to determine immunity against hepatitis 8. Post vaccination serologic tasting shall be done by 9 months of age if the infant received a single 09/14/2016 Corpus Christl-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMMILOCALS-000t 0 antigen or Pediarixx vaccine. • For all cases documented as a lost to follow-up an the Perinatal Hepatitis B case management torn, report the number and types of attempted activities performed in locating the mother or guardian of the Infant to the DSHS Immunization Branch on the Perinatal Hepatitis B case management form. Contractor General Requirement Unit C-5: All household contacts over 24 months of age and sexual partners of reported HBsAg -positive women shalt be referred for serologic testing to determine susceptibility status In accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Household contacts over the age of 24 months and sexual contacts are not eligible for the program. They should be referred to health care providers for screening and vaccination If suscepUble. The number of contacts over age 24 months identified and refened to a health care provider is to be documented on the woman's case management form. Ensure all household contacts below or equal to 24 months of age are case managed as appropriate to ensure the infant completes the hepatitis B vaccine series and receives post -vaccination serologic lesting as needed, A contact case management form should be completed for all contacts under or equal to 24 months of age and case management activities performed. Immunization Information Technology Infrastructure - Assure that the immunization information technology infrastructure supports program goals and objectives. Contractor General Requirement Unit D-1: Promote provider site participation and assure immunization record completeness, timeliness, accuracy, efficiency, and data use to support immunization program goals and objectives. Effectively utilize ImmTrac, the statewide immunization registry, in Contractors' clinics, Work in good faith, and as specified herein, to increase overall enrollment into ImmTrac for all age groups including adults. Work In good faith and as specified herein, to ensure ImmTrac registered private providers use tmmTrac effectively as defined in the DSHS Immunization Contractors Guide for local Health Departments. Activities under the requirements above shall be conducted in accordance with the DSHS immunization Contractors Guide for Local Health Departments Activities: • Recruit new private provider sites for ImmTrac. • Search for the client's immunization history at every client encounter. • Review the client's retard for vaccines due and overdue according to the CDC Recommended Schedules at: hltp:llwww.cdc.govlvaccineslschedulesrndex.html. • Report to trnmTrac all immunizations administered to children (younger than 15 years of age) and consented adults in Contractor's clinics, either directly into ImmTrac or through TWICES. • Follow and explain recommended guidelines for obtaining and submitting ImmTrac consent fomes according to the Instructions found at hltp:llwww.dshs.state.tx.uslimmunizeldocs/consent_gukfelines.pdf. • Offer updated Immunization History Report to the client or client's parent or guardian at every client encounter. • At every client encounter, compare all Immunization histories (ImmTrac, TWICES, validated patient -held records, clinic medical record) and enter into ImmTrac any historical immunizations not in ImmTrac. • Verbally and with DSHS produced literature, inform parents presenting at Contractor's clinics about ImmTrac and the benefits of inclusion in ImmTrac. • Provide orientation to all ImmTrac providers at least once a year and maintain documentation of all technical assistance provided (e.g., telephone logs). * Explain and demonstrate the effective use of lmmTrac according 10 the instructions located in the DSHS Immunization Contractors Guide for Local Health Departments. • Conduct follow-up with registered ImmTrac providers who are inactive or not using ImmTrac effectively. • Train ImmTrac providers' staff on ImmTrac data entry and qualily standards. • Update all demographic information. including address and telephone number, at every client encounter. • Conduct outreach (including, but not fimiled to, the specific outreach described in the DSHS Immunization Contractors Guide for Local Health Departments) to families of children 19 to 35 months of age who are not up-to-date on their immunizations according to ImmTrac; locate additional immunization histories; and enter history data into ImmTrac. • Collaborate with prenatal health-care providers, birth registrars, hospital staff, pediatricians, and other entities to educate parents, expectant parents, and providers about tmmTrac and the benefits of participation. Includes the dissemination of DSHS educational materials as appropriate. • Identify and contact families of children for whom ImmTrac consent has been granted but who do not have complete immunization records in ImmTrac. • Identify all providers who administer vaccine in awardee's jurisdiction, including both pediatric and adult immunization providers. 09/1412016 Corpus Christi-Nuocos County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017•IMM/LOCALS-000 to • Collaborate with partners and develop a provider recruitment strategy to include complementary vaccinators, such as pharmacists and school -located vaccination clinics. • Encourage ImmTrac participation among providers. • Use and train providers on the use of the new IIS as the system becomes available. Contractors General Requirement Unit D-2: Assure provider participation in vaccine ordering and inventory management using the Electronic Vaccina Inventory (EVI) system. • Educate providers regarding vaccine ordering policies. • Train providers to use the EVI system for inventory and order entry. • Train providers on the use of the new IIS system as the system Mmes available. Assist all other 'NFC providers in local jurisdiction with maintenance of appropriate vaccine stock levels. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and the current TVFC Operations Manual. Activities: • Evaluate maximum vaccine stock levels twice a year in all TVFC provider clinics under Contractor's jurisdiction and assess providers' inventories when visiting clinics. • Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy and to ensure that the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccine orders (when applicable) must be documented in EVI. • Ship overstocked vacdnes and vaccines approaching expiration to altemate providers for immediate use when instructed to do so by the DSHS HSR Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. if vaccine is available locally, submit Vaccine Transfer Authorization Form (EC -67) to DSHS HSR Immunization Program Managers for approval prior to conducting transfers and/or deliveries to support the WPC providers requesting assistance. • Educate and assist all TVFC providers with TVFC Provider Choice, as directed by the DSHS Immunization Branch. • Offer provider updates, training, and information as changes to vaccine management occur. 09/14/2016 CV 1 NW la Intentwanhs t wane - uocumem rage for 'TEXAS Department of State Health Services My Horne My Contracts My Invoices My Archives Document Information CCPS.Z(l1 1E1i3!1:.QCAtsocialU Parent Information Q p.it,l,t OCA! r Demi You are here: a Renewal Menu D. Forms Menu 0$ CKGLOBAL.ERRORS FISCAL FEDERAL. FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CERTIFICATION The certifications enumerated below represent malarial facts upon which DSHS relies when reporting information to the federal government required under federal law lithe Department later determines that the Contractor knowingly rendered an erroneous certification.DSHS may pursue all available remedies in accordance with Texas and U.S law Signor further agrees that It wit provide immediate written notice to DSHS if at any time S gnor teams that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances If the Signor cannot certify ell pith', statements contained in Ills section, Signor must provide written notice to OSHS detailing which of the below statements it cannot certify and why Organization Name Corpus ChristNueces County Public Health District (City) Address 1702 Home Road City Corpus Christ State Texas 2Jp Code (9 digit) 78416 Payee Name City of Corpus Christi Address PO BOX 9277 City Corpus Christi State TX Zip Code 49 dig t) 78469-9277 Vendor identification No 17460005741 MailCode 027 Payee DUNS No. " 1- 069457766 t Did your organization have a gross income, from all sources, of mem than 8300 000 in your previous tax yeah ' Yes • No Identify contact persons for FFATA Correspondence ° FFATA Contact Person 41 Name' Constance Sanchez Email' constancepxas.com Telephone' (361) 826-3227 FFATA Contact Person 42 Name' Email' Telephone' Alma Cases almacotexas ram (361) 826-3227 As the authorized representative of the Organization I hereby certify that the statements made by me in this cerU6calion ban are true. complete and correct to the best of my knowledge E -Signature Navigation Links Dela Status Page Nims Note Created Ely last Mod;fied Hy H$ne Uenrarda riche lovas srrrrrlhiorlpnnn1s1 cl7GAi rnnIrye 11f17re7 1 p AGENDA MEMORANDUM First Reading for the City Council Meeting of October 11, 2016 Second Reading for the City Council Meeting of October 18, 2016 DATE: October 6, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Engineering Construction Contract Corpus Christi International Airport (CCIA) Airport Operations Area Perimeter Fence Replacement Ordinance appropriating $6,637,856 from the Federal Aviation Administration Grant No. 3-48-0051-054- 2016 in the No. 3020 Airport Capital Improvement Fund for the CCIA Airport Operations Area Perimeter Fencing Project; amending the FY 2016-17 Capital Budget adopted by Ordinance No. 030936 by increasing revenues and expenditures $6,637,856; and authorizing the City Manager, or designee, to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the Base Bid plus Additive Alternates one through four. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, B. E. Beecroft Co. Inc. of Corpus Christi, Texas for the CCIA Airport Operations Area Perimeter Fence Replacement. BACKGROUND AND FINDINGS: This is a joint Federal Aviation Administration (FAA) / City project with a respective 90/10 percent construction split. The project scope includes removal and replacement of existing perimeter fencing with high security fencing, new high speed security gates and controls, concrete footings, wildlife barrier, and driveways, fiber optics, electrical cables, and other miscellaneous improvements. The existing fence is at the end of its useful life and cost prohibitive to repair to meet required security and safety requirements of the FAA and airport operations. Most of the existing fence (approximately 90%) was installed 32 years ago in 1984. Approximately 5% of the existing fence was installed prior to 1984 and the remaining 5% of the fence has been repaired or is new due to accidents or new construction in the area. Because the original fence was funded by the FAA, the City has requested a FAA disposal recommendation for the surplus fence material. The FAA will make a determination on disposal after review of regulations and should have a determination prior to the October 18, 2016 City Council meeting. The project was developed with a Base Bid plus four Additive Alternatives as follows: Base Bid — Removes and replaces approximately 7 miles of existing perimeter fencing, six new electrically operated gates, replacement of three concrete driveways, new security and controls systems, fiber optic and electrical cables, and other miscellaneous improvements. The main section of the new fence will be 8ft high chain-link with 3 -strand barbed wire. The security system provided access controls, CCTV and other miscellaneous features. Additive Alternative No. 1 thru 4 — The four combined alternative provide for approximately two more miles of fencing with two additional gates and security upgrades and associated improvements. On July 13, 2016, the City received proposals from five (5) bidders. Two bidders were deemed non- responsive. The responsive bidders are as follows: Contractor Base Bid Add Alt 1 Add Alt 2 Add Alt 3 Add Alt 4 Total Al American Fence, Inc. Orange, Texas $6,148,459.00 $392,535.00 $469,175.00 $295,000.00 $305,000.00 $7,610,169.00 B. E. Beecroft Co. Inc. Corpus Christi, Texas $5,871,982.70 $373,366.00 $240,803.60 $100,124.00 $95,504.00 $6,681,780.30 Construction Rent -A - Fence, Inc. Thrall, Texas $6,328,267.00 $365,563.00 $438,700.00 $171,500.00 $193,000.00 $7,497,030.00 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Garver, LLC. evaluated five bids and determined that B. E. Beecroft Co. Inc. was the lowest responsive bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2016-2017 Airport Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS CIP Budget $1,517,896.33 $1,517,896.33 FAA Grant Award 6,637,856.00 6,637,856.00 Encumbered / Expended Amount This item 6,681,780.30 6,681,780.30 Future Anticipated Expenditures This Project 1,473,972.03 1,473,972.03 BALANCE $0.00 $0.00 Fund(s): Airport Fund Reserves and FAA Grant, CIP 2016-2017, AV 06 RECOMMENDATION: City staff recommends that a construction contract be executed with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the Base Bid plus Additive Alternates 1-4. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Page 1 of 2 Ordinance Ordinance appropriating $6,637,856 from the Federal Aviation Administration Grant No. 3-48-0051-054-2016 in the No. 3020 Airport Capital Improvement Fund for the CCIA Airport Operations Area Perimeter Fencing Project; amending the FY 2016-17 Capital Budget adopted by Ordinance No. 030936 by increasing revenues and expenditures $6,637,856; and authorizing the City Manager, or designee, to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the Base Bid plus additive alternates one through four. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $6,637,856 from the Federal Aviation Administration Grant No. 3-48- 0051-054-2016 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. That the FY 2015-2016 Capital Budget adopted by Ordinance 029565 is changed to increase revenues and expenditures by $6,637,856 SECTION 3. The City Manager or designee is authorized to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the base bid plus additive alternates one through four. 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 Carolyn Vaughn Chad Magill Mark Scott 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 Carolyn Vaughn Chad Magill Mark Scott Colleen McIntyre PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET CCIA Airport Perimeter Fencing Project No. E15221 FUNDS AVAILABLE: Airport Fund Reserves $ 1,517,896.33 FAA Grant 6,637,856.00 TOTAL $ 8,155,752.33 FUNDS REQUIRED: Construction (B.E. BEECROFT CO INC.) This Item Base Bid plus Add Alts 1 - 4 $ 6,681,780.30 Contingencies (10%) 668,178.03 Construction Materials Inspection and Testing: Construction Inspection (Estimate) 355,000.00 Construction Materials Testing (Rock Engineering) 17,178.00 Design: A/E Consultant (Garver, LLC.) 333,616.00 Preliminary Engineering Design 34,900.00 Engineering Design 298,716.00 Reimbursements• Total Reimbursements 100,000.00 Administration/Finance (Capital Programs/Capital Budget/Finance) 22,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 76,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 8,155,752.33 ESTIMATED PROJECT BALANCE $ PROJECT LOCATION 36 Corpus Christi • International Airport El zs Tierra Grande I=1 61 ss 1 7b 49A 43 51 I CI 43 VICINITY MAW NOT TO SCALE 07 4,3 Prat Number: E15221 CCIA Airport Operations Area Perimeter Fencing CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT CF ENGINEERING SERVICES CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT Corpus Chr sti Engineering Corpus Christi International Airport Airport Operations Area Perimeter Fencing Council Presentation October 11, 2016 Location Map Corpus Cher sti Engineering a PROJECT LOCATION olet Or . /fie St Corpu Christi ® International Airport • 155A Iz r1 ® h CD Corpus Chri a."I 1,631 I Y6A I CD 357 2 Project Scope �hrsti Engineering Corpus Christi International Airport _ Approximately 9 Miles of Fencing Replacement Joint City / FAA Project for the Removal and Replacement of Approximately 9 -miles of CCIA Perimeter Fence. Activities include: • 9 miles 8FT high chain- link fence with 3 -strand barbed wire • 6 new electrically operated gates • 3 new concrete driveways • Security upgrades (access controls & CCTV) • Other miscellaneous associated improvements 3 Project Schedule Corpus chr "O Corpus 2016 2017 Jan Feb Mar Apr May Design Jun Jul Aug Sep Bid / Award Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Construction Project Estimate: 325 Calendar Days 11 Months Existing Fence ‘41)ionrainseCehrrinsgti 1 New Wildlife Proof Fence and High -Speed Security Gates Corpus CZ-rsTi Engineering is ;171 no— 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: 2016-102023 Date Filed: 08/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. B. E. Beecroft Co., Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the Corm 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. E15221 Airport Operations Area Perimeter Fence Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Beecroft, Sam Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. sot cs , ENEDINA GARCIA j 1... %;�= Notary Public. State of texas : t - =.i ,�;: My Commission Expo, 9s < < . Kl I �jz F- C2-%f %%HZ, s September 18, 20 -.�.-- • Signature of authorized agent of contracting usiness entity / AFFIX NOTARY STAMP 1 SEAL ABOVE Savor to and subscribed before me, by the said )w,TSN ' ��rOthis the ' el day ofClikt - , 20 � , to certify which, witness my hand and seal of office. N r , tIned,kn&EE3X U(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 �1 U.S. Department of Transportation Federal Aviation Administration September 14, 2016 Mr. Fred Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 Dear Mr. Segundo: We are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-48-0051-054-2016 at Corpus Christi International Airport, Texas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • The governing body must pass a resolution and execute the grant, along with your attorney's certification, by September 20, 2016, in order for the grant to be valid. • No change may be made by you or your representative to the Grant Offer. • We ask that you return the Grant Offer marked "Original" to us by overnight mail and maintain the copy marked "Sponsor" for your records. Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will be paying close attention to your progress to ensure proper stewardship of these Federal funds. You are expected to submit payment requests for reimbursement of allowable incurred project expenses in accordance with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status which will impact future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF -270 (non -construction projects) or SF -271 or equivalent (construction projects) and SF -425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Quarterly Performance Reports due every quarter. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit, as a minimum, the following: • Sponsor Certification for Project Final Acceptance; • Summary of all change orders and summary of all testing; and • Final SF -270 or SF -271 (or equivalent) and SF -425. Mr. Marcelino Sanchez is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerel en Guttery V Manager, Texas District Office Airports 2 �v U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: The City of Corpus Christi, Texas September 14, 2016 Corpus Christi International Airport, Texas 3-48-0051-054-2016 782001259 (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 3, 2016, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport, Texas (herein called the "Project") consisting of the following: Install Perimeter Fencing which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1IPage 3-48-0051-054-2016 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $6,637,856.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $6,637,856.00 for airport development. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 20, 2016, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 2lPage 3-48-0051-054-2016 9. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 31 P a g e 3-48-0051 -054-201 6 15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. may not be increased for a planning project; B. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent for land project. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 18. Ban on Texting When Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants, contracts and subcontracts 19. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 4IPage 3-48-0051-054-2016 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity – 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either— a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 2 0. Exhibit A Included with Grant Application. The Exhibit "A" updated May 18, 2012, submitted with the project application is made a part of this grant agreement. 5IPage 3-48-0051 -054-201 6 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signat. re) Ben Gut ery (Typed Name) Manager, Texas Airports District Office (Title) 6I Page 3-48-0051-054-201 6 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: 9/16/2016 TO: Margie C. Rose, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of agreement and appropriating funds for JCL Properties, Ltd. for the construction of Arterial Grid main water line CAPTION: Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $44,147.00 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: JCL Properties, is required to install 226 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed Lewis & Cook Addition, Block 1, Lot 1 commercial site. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), JCL Properties, is requesting a Reimbursement Agreement for the development of Lewis & Cook Addition, Block 1, Lot 1 as shown on the final plat. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. The development requires the extension of 226 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 16 -inch water arterial grid main along Agnes Street (State Highway 44). However, the CITY is requesting the size of the waterline to be 12 -inches. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the oversizing from a 6 -inch and 8 -inch to a 12 -inch water arterial grid main with participation is $532,540.40 and $488,393.40 without oversizing participation. The difference is $44,147.00. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Fiscal Year: 2016-2017 Project to Date Expenditure s (CIP only) Current Year Future Years TOTALS Line Item Budget $2,447,144.16 Encumbered / Expended Amount $ 933,013.62 This item $44,147.00 BALANCE $1,469,983.54 Fund(s): Water Arterial Transmission and Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with exhibits Aerial Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH JCL PROPERTIES, ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $44,147.00 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with JCL Properties, ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Lewis & Cook Addition, Block 1, Lot 1, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $44,147.00 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and JCL Properties, a Texas General Partnership ("Developer "), P.O. Box 4868, Bryan, Texas 77805. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Lewis & Cook Addition, Block 1, Lot 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Lewis & Cook Addition, Block 1, Lot 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing fire hydrant on Agnes Street (State Highway 44) located on the south side of Agnes Street (State Highway 44) for a distance of 226 linear feet in order to extend water grid main along Agnes Street (State Highway 44) to Buckholt Road and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 226 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Parkview Unit 1, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 226 linear feet of 12 -inch PVC waterline pipe. 2. Install 226 linear feet of non-structural backfill installation all water sizes. 3. Tie to existing waterline. 4. Install four (4) 12 -inch (MJ) gate valve and boxes. 5. Install two (2) 12 x 12 (MJ) Tees. 6. Install two (2) 12 -Inch 45 degree bends. 7. Install one (1) 12 -inch 22.5 degree bend. 8. Install one (1) 12 -inch (MJ) plug. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 2of10 supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by October 18, 2017. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 18, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 3of10 defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 1. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 4 of 10 11. b. if, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer Craig J. Lewis General Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Govemment Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 5 of 10 Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $44,147.00, as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed on Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 6 of 10 RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 7 of 10 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Lewis & Cook Addition, Block 1, Lot 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this a1 5 -r day of S lemlrt- , 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 8of10 Developer Craig J. Lewis, Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 411 By: L, IA Craifir is Gene Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by CraigJ. Lewis, Partner, for JCL Properties, and acknowledged before me on the Z1 S4 day of 1 -kr, 2016. Nota A,PA: PState of Texas KELLEY MARIE BOHNERT Notary Public, Stale of Texas My Commission Expires SEPTEMBER 1, 201 B Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 9of10 CITY OF CORPUS CHRISTI: ATTEST: Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2016. Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 10 of 10 APPLICATION F.9F WATCRLINE REIMRU S Ig T We, JCL PROPERTIES, a Texas General Partnership, P.O. Box 4868, Bryan, Texas, 77805, owners and developers of proposed Lewis & Cook Addition (Block one, Lot 1), hereby request reimbursement of $44,147.00 for the installation of the water 12" PVC, in conjunction with said lot, as provided for the City Ordinance No. 17092. $41,747.00 is the construction cost, including 5.44% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost su • porting documents attached herewith. Ltio/` Craig / '/ wlis, Managing artner JCL POPERTIES THE STATE OF TEXAS § Date COUNTY OF BRAZOS § This instrument was acknowledged before me on CCU Kt _ . 2 4 2016, by Craig J. Lewis (Name), Partner (Title), of JCL PROPERTIES, a Texas General Partnership, a Texas Corporation, on behalf of the said corporation KELLEY MARIE BOHNERT Notary Public, State of Texas My Commission Expires SEPTEMBER 1, 2018 CERTIFICATION Nota ubl c in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer i/2 -y11-1 (Date) Exhibit 2 Page 1 of 2 PPLICATfON FQKWATERLIlig cREprr We, JCL PROPERTIES, a Texas General Partnership, P.O. Box 4868, Bryan, TX 77805, Craig J. Lewis of proposed Lewis & Cook Addition (Block one, Lot 1), hereby apply for $0.00 credit towards the water lot/acreage fee for the installation of the water type of line as provided for by City Ordinance No. 17092. $44,147.00 is the construction cost, including 5.44% Engineering and Surveying, as shown by the cost supporting documents attached herewith. �9'2/°/' 9/I Craig .+' Qevvis, Managing Partner Date JCL PROPERTIES THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before meon au r , 2016, by Craig J. Lewis (Name), Partner (Title), of Name of Company, a Texas Corporation, o • ehalf of th - s •� id co KELLEY MARIE BpKKERT Notary Public. State of Texas My Commission Expires SEPTEMBER 1.2018 Nota ubli •I in nd or the State of Texas Exhibit 2 Page 2 of 2 J ._ 1 I Kg "1 "x-tr 1. 1 SYX31 11SIaH3 SI1da0o 3N0 N3016 'I 101 NOILI°OY N000 V 51131 !u Yo] 943 0; 59+9 Y1S 31UUO9NY1d — .IM. 3N11 831YM Lt) N� &t1 eaAig N; ay tg� 1911 o r • I "42 IP IS 3 WON�0Y tor ONnOaLS3M ri roN 'H5 °NOO91SY3 ri '°N 11'S °YON SS333Y t+ 1vMH • 1Po1 g E w El AE in8 pang n ipogn • 38;= 1337 tg 11 59+9 111S 33NflH3IYI1 K :O s S I Ji il .* r If; M in C N N k 59+9 'VIS 3NIlH31YP1 7 s 1 al n 1 SYX31 11SIdH3 Sldd03 3N0 N3010 '1 101 No111a01/ N0o0 SIM31 an w 00+0 "VIS 31130Md/NYId — .YIM. 3NI1 N31YM w4#a...r.o,a.,1 ... m H) �.•r ...in v! .n , • ,,w rn m.. 4: atom .0 DMA ).a -o iik• t•.w yn .ti -c mI' ,A I-1� .. u, � jeemw .S [n.iwa.w 1 • ENGINEER'S COST ESTIMATE w/PARTICIPATION LEWIS & COOK ADDITION BLOCK 1, LOT 1 2.55 ACRES OUT OF A PORTION OF TRACT TWO & THREE AS RECORDED IN VOLUME 1838, PAGE 151 (D.R.N.C.T.) AND BEING A PORTION OF TRACT 1 & 2 AS RECORDED IN DOCUMENT No. 2003057437 (O.P.R.N.C.T.) SITUATED IN THE GC&SF RR CO SURVEY, ABSTRACT No. 1005 CORPUS CHRISTI, NUECES COUNTY, TEXAS WATER LINE IMPROVEMENTS GENERAL CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT COST COST GENERAL CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS $14.242 00 $14,242 00 2 Traffic Control Measures 1 LS $9.740 00 $9,740.00 3 Hydro -Seeding (All Disturbed Areas) 1 LS $7.200.00 $7.200.00 4 Miscellaneous Erosion Control Measures (Le. Filter Fence, Bar -Ditch Protection, etc...) 1 LS $3,200 00 $3,200.00 5 Gravel Patch for Existing Driveway 23 SY $50.00 $1,150.00 6 Road Bore (Wet) w/18" Steel Casing (Sch 40) 75 LF $225.00 $16,875 00 SUB -TOTAL = $52,407.00 WATER LINE IMPROVEMENTS 7 12" PVC Water Line (C900, DR14) 1,057 LF $82.00 $86,674 00 8 12" PVC Water Line (CertaLok: C900, DR14) w/Casing Spacers & End Seals 283 LF $82.00 $23,206 00 9 8" PVC Water Line (C900, DR14) 1631 LF $76.00 $123,956.00 10 8" PVC Water Line (CertaLok: C900, DR14) w/Casing Spacers & End Seals 269 LF $72.00 $19,368.00 11 6" PVC Water Line (C900, DR14) 109 LF $72.00 $7,848 00 12 Non -Structural Backfill Installation (All Water Line Sizes) 2700 LF $5.00 $13,500 00 Exhibit 4 CD1-157-0513-E06 Page 1 of 5 ENGINEER'S COST ESTIMATE w/PARTICIPATION 13 Structural Backfill Installation (All Water Line Sizes) 97 LF $11.00 $1,067.00 14 Tie into Existing Water Line 3 EA $1,085.00 $3,255.00 15 Standard Fire Hydrant Assembly 8 EA $4,865.00 $38,920.00 16 12" (MJ) Gate Valve & Box 12 EA $2,300.00 $27,600.00 17 8" (MJ) Gate Valve & Box 10 EA $1,529.00 $15,290.00 18 6" (MJ) Gate Valve & Box 9 EA $1,030.00 $9,270.00 19 12" x 12" (MJ) Cross 1 EA $2,500.00 $2,500.00 20 12" x 12" (MJ) Tee 5 EA $2,000.00 $10,000.00 21 12" x 8" (MJ) Tee 1 EA $1,500.00 $1,500.00 22 8" x 8" (MJ) Cross 1 EA $1,450.00 $1,450.00 23 12" x 6" (MJ) Tee 3 EA $1,700.00 $5,100.00 24 8" x 8" (MJ) Tee 1 EA $1,250.00 $1,250 00 25 8" x 6" (MJ) Tee 3 EA $1,090.00 $3,270.00 26 12" x 8" (MJ) Reducer 2 EA $1,500.00 $3,000.00 27 8" x 6" (MJ) Reducer 2 EA $770.00 $1,540 00 28 12" (MJ) 45 deg Bend 6 EA $1,450.00 $8,700.00 29 12" (MJ) 22 5 deg Bend 2 EA $1,300.00 $2,600.00 Exhibit 4 CD1-157-0513-E08 Page 2 of 5 ENGINEER'S COST ESTIMATE w/PARTICIPATION 30 12" (MJ) 11.25 deg Bend 2 EA $1,200.00 $2,400.00 31 8" (MJ) 45 deg Bend 6 EA $835.00 $5,010.00 32 8" (MJ) 22.5 deg Bend 2 EA $610.00 $1,220.00 33 8" (MJ) 11.25 deg Bend 2 EA $575.00 $1,150 00 34 6" (MJ) 22.5 deg Bend 1 EA $450.00 $450 00 35 12" (MJ) Plug 3 EA $800.00 $2,400 00 36 8" (MJ) Plug 2 EA $350.00 $700 00 37 2" Service Tap & Meters 1 LS $2,440.00 $2,440 00 ......1r rr � SUB -TOTAL = ESTIMATED CONSTRUCTION COST = CONTINGENCY = SURVEYING = ENGINEERING = NON -CONSTRUCTION COST = $426,634.00 $479,041.00 $51,099.40 $600.00 $1.800.00 $2,400.00 GRAND TOTAL = $532,540.40 RME Consulting Engineers TEXAS FIRM REGISTRATION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF. FAX:. (979) 764-0704 E-mail: civilia)rmengineer.com Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules. operation and maintenance costs, equipment characteristics and performance, and operating results are based on this office's experience, qualifications and judgment as a design professional. Since RME has no control over weather. cost and availability of labor_ material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays. constriction contractor's methods of determining prices, economic conditions, competitive kidding or market conditions and other factors affecting such estimates or projections. this office does not guarantee that actual rates, costs, performance, schedules, etc., will not vary from estimates and projections prepared by the Engineer of record Exhibit 4 Page 3 of 5 CD1-157-0513-E08 ENGINEER'S COST ESTIMATE wIPARTICIPATION LEWIS & COOK ADDITION BLOCK 1, LOT 1 2.55 ACRES OUT OF A PORTION OF TRACT TWO & THREE AS RECORDED IN VOLUME 1838, PAGE 151 (D.R.N.C.T.) AND BEING A PORTION OF TRACT 1 & 2 AS RECORDED IN DOCUMENT No. 2003057437 (0.P.R.N.C.T.) SITUATED IN THE GC&SF RR CO SURVEY, ABSTRACT No. 1005 CORPUS CHRISTI, NUECES COUNTY, TEXAS L CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT COST COST L CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS $1,500.00 51,500.00 2 Traffic Control Measures 1 LS $750.00 5750.00 3 Hydro -Seeding (All Disturbed Areas) 1 LS 5750.00 5750.00 SUB -TOTAL = $3,000.00 WATER LINE IMPROVEMENTS 4 12" PVC Water Line (C900, DR14) 226 LF $82.00 518,532.00 5 Non -Structural Backfill Installation (All Water Line Sizes) 226 LF 55.00 51,130.00 6 Tie into Existing Water Line 1 EA $1,085.00 $1,085.00 7 12" (MJ) Gate Valve & Box 4 EA 52,300.00 59,200.00 8 12" x 12" (MJ) Tee 2 EA 52,000.00 $4,000.00 9 12" (MJ) 45 deg Bend 2 EA $1,450.00 52,900.00 10 12" (MJ) 22.5 deg Bend 1 EA 51,100.00 $1,100.00 11 12" (MJ) Plug 1 EA 5800.00 $800.00 OF Te til • - SSrpw�+L .\A.- i -.Le 7 .. r r 1 CD1-157-0513-E07 SUB TOTAL = ESTIMATED CONSTRUCTION COST = SURVEYING = ENGINEERING = NON -CONSTRUCTION COST = $41,747.00 $600.00 $1.800.00 $2,400.00 G RAND TOTAL = $44,147.00 RME Consulting Engineers TEXAS FIRM REGISTRATION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF/FAX: (979) 764-0704 E-mail: civil@rmengineer.cam 1 of 2 Exhibit 4 Page 4 of 5 ENGINEER'S COST ESTIMATE w/PARTICIPATION Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on this office's experience, qualifications and judgment as a design professional. Since RME has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's methods of determining prick, economic conditions, competitive bidding or market conditions and other factors affecting such estimates or projections, this office does not guarantee that actual rates, costs, performance, schedules, etc., will not vary from estimates and projections prepared by the Enginccr of record. CD1-157-0513-E07 2112 Exhibit 4 Page 5 of 5 INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on ail applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises -- Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph 11 Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behal f of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus .'= Christi teraW DISCLOSURE OF INTERESTS City of Corpus Christi. Texas Department of Development Servi= P 0 Box 9277 Corpus Christi, Teras 78469-927 7 (361)826-3240 Located at 2406 Leopard Street rCctncr of Leopard St and Port A,^r 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: J C L i ra. (=I I'/ STREET: I , 5'4 SW 34 CITY: Ca lir 2 C. - I On ZIP: 7 7?Y5 FIRM is: ❑ Corporation [Partnership ID 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) 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 NA 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 J4 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 Nle Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: rct # J LfwrfS Title: fa hirer (Print) Signature of Certifying Person: KADEVELOPMENrSVCSlS11AREIIILAND DEVELOi'ME STATEMENT12712.DOC a r � Date: 6 MINISTRATIONMAPPLICA7ION FORMS'FORMS AS PER LEGALl2OI2lDISCLOSURE OF INTERESTS Exhibit 6 Page 1 of 2 DEFINITIONS a. "Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. RA DLNEIAPMENTSVCSSHAREDSL\ND DEVELOPMENIWRDINANCE ADMINISTRAT1ONVIPPLICATION FORMSIFORMS AS PER LEGAL12012,DISCLOSURE PF INTERESTS STATEMENT! 2711DOC Exhibit 6 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 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 2016-103065 Date Filed: 08!2312016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JCL Properties Bryan, 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 identity the contract, and provide a description of the services, goods, or other property to be provided under the contract 8501 Agnes Street Lewis & Cook, Block 1, Lot 1.; Application for first water line reimbursement 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Lewis, James Bryan, TX United States X Cook, Scott Bryan, TX United States X Lewis, Craig Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. JAMIE LYNN PETERS • ` Notary IO #t 126663895 It10 My Commission Expires1116191- 416.r. September 18. 2020 4' igiv re of authorized agent of contracting business entity Le e 4) iS , this the e9-3 day of A-ot-,.1.[.1÷ , AFFIX Swam 20 NOTARY STAMP I SEAL ABOVE to and subscribed before me, by the said I. , to certify which, witness my hand Cra`1 and seal of office. !/ Zam%e 1L-V-P_ri ,` 1 1 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 Vicinity Map Aerial Overview Aerial AGENDA MEMORANDUM First Reading item for the City Council Meeting of October 11, 2016 Second Reading item for the City Council Meeting of October 18, 2016 DATE: September 28, 2016 TO: Margie C. Rose, City Manager FROM: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 CAPTION: Amending Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide Ordinance amending the Fiscal Year 2017 Capital Budget and Capital Improvement Planning Guide Adopted by Ordinance No. 030936 to add Project No. E16330 Oso South Area Water Line and Project E16330 Oso South Area Wastewater Line; increasing revenues and expenditure in the amount of $8,000,000 for Year 1 and $6,000,000 for Year Two; transferring any remaining funds to be used for comparable utility line projects. PURPOSE: The purpose of this Agenda Item is to amend the newly approved Fiscal Year 2017 Capital Budget and Capital Improvement Planning Guide (CIP) to include two utility projects that had been previously removed. BACKGROUND AND FINDINGS: The Fiscal Year 2017 CIP was presented in a Public Hearing to the Planning Commission on Wednesday, June 29, 2016. At that meeting the Planning Commission recommended approval of the document based on changes as discussed that evening. On August 3, 2016, the revised and detailed FY 2017 CIP was presented to the Planning Commission as an informational presentation and no additional changes were recommended. On August 16, 2016, the CIP for Fiscal Year 2017 was presented to the City Council in a Public Hearing. There was discussion on two utility projects to serve the newly annexed Chapman Ranch area and the Ordinance to approve the CIP as presented passed in a 5 to 4 vote. On August 23, 2016, the FY 2017 CIP was presented for second reading and a motion to amend the ordinance to remove the two items related to water (Oso South Area Water Line) and wastewater (Oso South Area Wastewater Line) projects for the annexed area near Chapman Ranch was approved. The revised CIP ordinance was then unanimously approved. During the City Council meeting of September 27, 2016, there was a motion of direction from the Council to submit a proposed ordinance to the FY 2017 CIP to include the two utility projects related to the newly annexed area. Upon approval of the Ordinance, Staff will be reviewing two routes, one via FM 2444 and one along SH 286 to provide utility service to the newly annexed area. As instructed through the Council directive, any funds remaining from these two projects will be used for comparable utility line extension projects. ALTERNATIVES: 1. Approve the Ordinance as presented. 2. Not approve the Ordinance as presented. OTHER CONSIDERATIONS: All future contracts with an aggregate total over $50,000 will be presented to City Council for approval before work begins. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding amending the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operatina ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures and Revenues Current Year Future Years TOTALS Line Item Budget $206,979,600 221,676,300 428,655,900 Encumbered / Expended Amount This item 8,000,000 6,000,000 14,000,000 BALANCE $214,979,600 $227,676,300 $442,655,900 Fund(s): Utility Revenue Funds COMMENTS: Approval of Ordinance will allow staff to begin working on the project and appropriate the funds required. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance CIP Project Pages (2) PROJECT DESCRIPTION Department: WATER PROJECT TITLE: Oso South Area Water Line Consistent with the Comprehensive Plan: Policy Statements 48: ' J \ Y P Y pp. 1,3 & 6; pp. 55-57; Water Master Plan DESCRIPTION: This project will extend the City's water service to the Oso South area. The proposed scope includes construction of approximately 14,700 ft water line and tie-in to the City's existing water receiving system. -` I • 1 „ f ' ' PROJECT NOTE: DISTRIBUTION Project No: A/E Consultant: Contractor: Award Design: Award Construction: Anticipated Completion: — ,e,r -1 II j__ ! - �� {I _ I I r —r r I ----i FUNDING SCHEDULE (Amount in 000's) Use of Funds Project -to -Date Obligations May 2016 Unspent Prior Budget as of June 2016 CIP Budget Year 1 2016 - 2017 Year 2 2017 - 2018 Year 3 2018 - 2019 Future Budget Required (Years 4 - 10) Total Pr (Amou Design & Engineering Construction Contingency Inspection/Other 250.0 1,500.0 150.0 100.0 875.0 85.0 40.0 TOTAL: 2,000.0 1,000.0 - - $ Source of Funds Revenue Bond 2,000.0 1,000.0 TOTAL: 2,000.0 1,000.0 - - $ OPERATIONAL IMPACT: The execution of this project will increase the City's utility service area with revenues as well as expenses. PROJECT DESCRIPTION PROJECT DESCRIPTION Sequence #24 3: E16330 RFQ TBD March 2017 TBD TBD oject Value ints in $'s) 250,000 2,375,000 235,000 140,000 3,000,000 3,000,000 3,000,000 PROJECT DESCRIPTION PROJECT DESCRIPTION Department: WASTEWATER s PROJECT TITLE: PROJECT TITLE: Oso South Area Wastewater Line Consistency with the Comprehensive Plan: Policy Statements pg. 48:— 1,3 & 6; pp. 55-58; Wastewater Master Plan \ �yw '. PROJECT NOTE: DESCRIPTION: This project will extend the City's wastewater service to the area south of Oso Creek. The proposed scope includes construction of two lift stations, approximately 30,500 ft. wastewater force main, and tie-in to the City's existing wastewater receiving system. ` , ( Project No: A/E Consultant: N —I .i 1 1 I 1 1 1 1 \` 1 —_ m i 1 I 1 ___ 8,r "-- ----- Contractor: Award Design: Award Construction: Anticipated Completion: FUNDING SCHEDULE (Amount in 000's) Use of Funds Project -to -Date Obligations May 2016 Unspent Prior Budget as of June 2016 CIP Budget Year 1 2016 - 2017 Year 2 2017 - 2018 Year 3 2018 - 2019 Future Budget Required (Years 4 - 10) Total Pr (Amou Design & Engineering Construction Contingency Inspection/Other 1,100.0 4,000.0 400.0 500.0 4,500.0 250.0 250.0 TOTAL: 6,000.0 5,000.0 $ Source of Funds Revenue Bond 6,000.0 5,000.0 TOTAL: 6,000.0 5,000.0 $ OPERATIONAL IMPACT: The execution of this project will increase the City's utility service area. PROJECT DESCRIPTION PROJECT DESCRIPTION equence #24 is E16330 TBD TBD Feb. 2017 Dec. 2017 Sept. 2018 oject Value nts in $'s) 1,100,000 8,500,000 650,000 750,000 11,000,000 11,000,000 11,000,000 PROJECT DESCRIPTION Page 1 of 3 AN ORDINANCE AMENDING THE FISCAL YEAR 2017 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE ADOPTED BY ORDINANCE NO. 030936 TO ADD PROJECT NO. E16330 OSO SOUTH AREA WATER LINE AND PROJECT NO. E16330 OSO SOUTH AREA WASTEWATER LINE; INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $8,000,000 FOR YEAR 1 AND $6,000,000 FOR YEAR TWO; TRANSFERRING ANY REMAINING FUNDS TO BE USED FOR COMPARABLE UTILITY LINE PROJECTS. WHEREAS, on August 16, 2016, staff presented City Council with a proposed FY 2017 Capital Budget and Capital Improvement Planning Guide (FY 2017 CIP) in the amount of $214,979,600; WHEREAS, City Council motioned to remove two projects from the proposed FY 2017 CIP: (1) Project No. E16330 Oso South Area Water Line for $2,000,000 and (2) Project No. E16330 Oso South Area Wastewater Line for $6,000,000; WHEREAS, City Council then approved the FY 2017 Capital Budget and Capital Improvement Planning Guide (FY 2017 CIP) in the amount of $206,979,600 on August 23, 2016 by Ordinance No. 030936; WHEREAS, on October 11, 2016, City Council decided to include the two projects after all and requested staff present an ordinance that would amend Ordinance No. 030936 to add the two projects back; WHEREAS, City Council further requested that the ordinance specify that any remaining funds not used for these two projects be used for two other projects: Project No. E16259 Programmed Water Line Service Life Extension (Water) and Project No. E14015 City - Wide Collection System IDIQ (SSOI) (Wastewater); WHEREAS, with the two projects added back into the total amount of the FY 2017 CIP, then the total amount of the FY 2017, as amended, is $214,979,600. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2017 CIP is amended to add (to the Water Section) Project No. E16330 Oso South Area Water Line, as described in the attached Project Description (Exhibit A). SECTION 2. The FY 2017 CIP is amended to add (to the Wastewater Section) Project No. E16330 Oso South Area Wastewater Line, as described in the attached Project Description (Exhibit B). SECTION 3. The FY 2017 CIP is amended to increase water revenues and expenditures in the amount of $2,000,000 in FY 2017 and $1,000,000 in FY 2018, for the Oso South Area Water Line Project No. E16330. Page 2 of 3 SECTION 4. The FY 2017 CIP is amended to increase wastewater revenues and expenditures in the amount of $6,000,000 in FY 2017 and $5,000,000 in FY 2018 for the Oso South Area Wastewater Line Project No. E16330. SECTION 5. Any funds herein allocated to but not used for these two projects are transferred to these two respective projects: Project No. E16259 Programmed Water Line Service Life Extension (Water) and Project No. E14015 City -Wide Collection System IDIQ (SSOI) (Wastewater). Page 3 of 3 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 Colleen McIntyre Chad Magill Carolyn Vaughn Mark Scott 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 Colleen McIntyre Chad Magill Carolyn Vaughn Mark Scott PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A Department: WATER Sequence#24 PROJECT TITLE: Oso South Area Water Line Consistency with the Comprehensive Plan: Policy Statements pp. 48: i J \ 1,3 & 6; pp. 55-57; Water Master Plan DESCRIPTION: This project will extend the City's water service to the Oso South area. The proposed scope includes construction of approximately 14,700 ft water line( and tie-in to the City's existing water receiving system. \ =i! 1 N I PROJECT NOTES: DISTRIBUTION Project No: E16330 A/E Consultant: RFQ Contractor: TBD Award Design: March 2017 Construction: TBD Anticipated Completion: TBD I- - -, L_ - � __ ,, 1m 1 `Award 1 -1 1� r FUNDING SCHEDULE (Amount in 000's) Use of Funds Project -to -Date Obligations May 2016 Unspent Prior Budget as of June 2016 CIP Budget Year 1 2016 - 2017 Year 2 2017-2018 Year 3 2018 - 2019 Future Budget Required (Years 4 - 10) Total Project Value (Amounts in $'s) Design & Engineering Construction Contingency Inspection/Other 250.0 1,500.0 150.0 100.0 875.0 85.0 40.0 250,000 2,375,000 235,000 140,000 TOTAL: 2,000.0 1,000.0 - - $ 3,000,000 Source of Funds Revenue Bond 2,000.0 1,000.0 3,000,000 TOTAL: 2,000.0 1,000.0 - - $ 3,000,000 OPERATIONAL IMPACT: The execution of this project will increase the City's utility service area with revenues as well as expenses. Exhibit B Department: WASTEWATER Sequence#24 PROJECT TITLE: PROJECT TITLE: Oso South Area Wastewater Line Consistency with the Comprehensive Plan: Policy Statements pg. 48: L�–`tea 1,3 & 6; pp. 55-58; Wastewater Master Plan �y �� PROJECT NOTES: DESCRIPTION: This project will extend the City's wastewater service to the area south of Oso Creek. The proposed scope includes construction of two lift stations, approximately 30,500 ft. wastewater force main, and tie-in to the City's existing wastewater receiving system. ) z r I ' Project No: E16330 A/E Consultant: TBD `. 1 ,.iI II 11 1 i I 1` j ----) I r ----I i ---- I ` — _ Contractor: TBD Award Design: Feb. 2017 Award Construction: Dec. 2017 Anticipated Completion: Sept. 2018 FUNDING SCHEDULE (Amount in 000's) Use of Funds Project -to -Date Obligations May 2016 Unspent Prior Budget as of June 2016 CIP Budget Year 1 2016 - 2017 2017 x2018 2018 x2019 Future Budget Required (Years 4 - 10) Total Project Value (Amounts in $'s) Design & Engineering Construction Contingency Inspection/Other 1,100.0 4,000.0 400.0 500.0 4,500.0 250.0 250.0 1,100,000 8,500,000 650,000 750,000 TOTAL: 6,000.0 5,000.0 $ 11,000,000 Source of Funds Revenue Bond 6,000.0 5,000.0 11,000,000 TOTAL: 6,000.0 5,000.0 $ 11,000,000 OPERATIONAL IMPACT: The execution of this project will increase the City's utility service area. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: September 7, 2016 TO: FROM: Margie C. Rose, City Manager Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Sitel Inc CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sitel Inc ("Sitel") to provide a grant of up to $500,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Sitel Business Incentive Agreement for the creation of jobs; and appropriating $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Sitel Inc; and changing the FY 2016-2017 operating budget, adopted by Ordinance No. 030965, by increasing proposed expenditures by $500,000. PURPOSE: Sitel will create jobs in Corpus Christi. They will create 500 full-time employees with an annual payroll of $10,904,800. BACKGROUND AND FINDINGS: Sitel plans to lease the First data building in Corpus Christi and operate their call center operations. They will service clients in Texas and in the United States ramping up to 500 personnel within five years. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: Sitel brings a different industry into our economy and great wages. This grant will be used for the creation of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 500,000 500,000 Encumbered / Expended Amount This item 500,000 500,000 BALANCE 0 0 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to Sitel Inc in the amount of $500,000 for the creation of jobs. LIST OF SUPPORTING DOCUMENTS: Ordinance - Sitel Agreement - Sitel Business Service Agreement - Sitel Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sitel Inc ("Sitel") to provide a grant of up to $500,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Sitel Business Incentive Agreement for the creation of jobs; and appropriating $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Sitel; and changing the FY 2016-2017 operating budget, adopted by Ordinance No. 030965, by increasing proposed expenditures by $500,000. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Sitel for the creation of at least 500 full-time jobs with an annual payroll of at least $10,904,800 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and Sitel; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation of jobs between the Type A Corporation and Sitel; and Whereas, the Board of the Directors of the Type A Corporation (the "Board") approved an agreement with Sitel for an incentive in the amount of $500,000 in its meeting on June 20, 2016. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type A Corporation and Sitel, which provides for the creation of jobs within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Sitel, which is attached to this resolution as Exhibit B. @BCL@18065D6E Page 2 of 3 SECTION 3. That $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Sitel for the creation of jobs. SECTION 4. That Ordinance No. 030965, which adopted the FY 2016-2017 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $500,000 for a business incentive grant from the Type A Corporation to Sitel for the creation of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor APPROVED: day of , 2016. 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 Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Carolyn Vaughn Mark Scott @BCL@18065D6E Page 3 of 3 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 Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Carolyn Vaughn Mark Scott PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@18065D6E Nelda Martinez Mayor BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SITEL OPERATING CORPORAATION FOR CREATION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Sitel Operating Corporation ("Sitel"), a Delaware corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), 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 of Corpus Christi ("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, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Sitel is the world's largest business outsourcing company. It has 108 locations world-wide; WHEREAS, Sitel proposes to initially invest approximately $1,500,000 over a five year period; WHEREAS, on June 20, 2016, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Sitel, through this Agreement with Sitel that will result in the creation of at least 500 full-time jobs, with an Page 1 of 10 Sitel Agreement 09 15 16dp.docx estimated annual wages of $10,940,800, and City Council approved this expenditure on In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Sitel agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. a. Sitel shall, over the term of this Agreement, create 500 full-time jobs, with annual salary of $10,940,800 as described in the schedule below. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 125 0 2,735,200 500,000 2 325 125 10,940,800 0 3 50 450 10,940,800 0 4 0 500 10,940,000 0 5 0 500 10,940,000 0 b. Grants, not to exceed $100,000 per year and a cumulative total of $500,000 over five years, are calculated as $1,000 per job created/retained basis. c. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. d. The Corporation will award a grant to Sitel based on the formula above, payable not later than 90 days after the anniversary of the effective date of each year if Sitel creates/retains the minimum number of jobs in the preceding year described in paragraph a above (collectively, the "annual performance benchmarks"). e. Sitel will display signage that states that they are recipients of Type A funding. This signage will be provided to Sitel by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Job Creation Qualification. Page 2 of 10 Sitel Agreement 09 15 16dp.docx a. In order to count as a created job under this Agreement, a "job" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. b. Sitel agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Sitel agrees to provide Corporation with a sworn certificate by authorized representatives of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d. Sitel shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. e. Sitel will exercise reasonable efforts to give preference to former First Data employees who were laid off in 2015 for these new positions. 5. Utilization of Local Contractors and Suppliers. Sitel agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Sitel agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Sitel to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sitel is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises ("DBE'). Sitel agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Sitel agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Sitel agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts Page 3 of 10 Sitel Agreement 09 15 16dp.docx of Sitel to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sitel is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. Sitel warrants and represents to Corporation the following: a. Sitel is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Sitel has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Sitel has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Sitel has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Sitel is duly authorized to execute this Agreement on behalf of Sitel. f. Sitel does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Sitel is convicted of a violation under §U.S.C. Section 1324a(f), Sitel shall repay the payments received under this Agreement Page 4 of 10 Sitel Agreement 09 15 16dp.docx to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Sitel has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Sitel shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non -Discrimination. Sitel covenants and agrees that Sitel will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Sitel are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Sitel are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Sitel may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. Sitel covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, 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 Sitel activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Sitel must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Sitel. The following events constitute a default of this Agreement by Sitel: Page 5 of 10 Sitel Agreement 09 15 16dp.docx a. The Corporation or City determines that any representation or warranty on behalf of Sitel contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Sitel or any attachment or other levy against the property of Sitel with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Sitel makes an assignment for the benefit of creditors. d. Sitel files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Sitel become delinquent, and Sitel fails to timely and properly follow the legal procedures for protest or contest. f. Sitel changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Sitel fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Sitel is in default according to the terms of this Agreement, the Corporation or City shall notify Sitel in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Sitel to cure the event of default. 17. Results of Uncured Default by Sitel. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Sitel, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Sitel shall immediately repay all funds paid by Corporation to them under this Agreement. b. Sitel shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Sitel of all sums due, the Corporation and Sitel shall have no further obligations to one another under this Agreement. 18. No Waiver. Page 6 of 10 Sitel Agreement 09 15 16dp.docx a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Sitel's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Sitel is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Sitel specifically agrees that Corporation shall only be liable to Sitel for the actual amount of the money grants to be conveyed to Sitel, and shall not be liable to Sitel for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Sitel to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Page 7 of 10 Sitel Agreement 09 15 16dp.docx Sitel: Sitel Operating Corporation Attn: Kim Facer 3102 West End Avenue Suite 900 Nashville, Tennessee 37203 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: 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. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Sitel will 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. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or Page 8 of 10 Sitel Agreement 09 15 16dp.docx circumstance is, to any extent, held illegal, inva|id, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Aureement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforCmab|e, will not be affected by the Iaw or judgment, for it is the definite intent of the parties to this Agreement that every meoUon, parm0rmph, subdivision, clause, 9rovioion, phroee, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held i||ega|, invo|id, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the |avv, and in lieu of any i||mQm|, inVo|id, or unenforceable clause or provioion, a clause or proviaion, as similar in terms to the i||e8a|, inVa|id, or unenforceable clause or provision as may be possible and be |ega|, valid, and enforcaab|e, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Sitel. Any prior Agreements, promises, neQobaUone, or repreaentationa, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) Page 9 of 10 Sim|Agreement m91e16dp.docx Corpus Christi Business & Job Development Corporation By: R. Bryan Gulley President Date: Attest: By: Rebecca Huerta City Secretary Date: Approved as to Legal Form By: Aimee Alcorn -Reed Assistant City Attorney Attorney for Corporation Date: Sitel Operating Corporaion By: Date: Kim VP Global Real 3. Facer Estate & Development site, THE STATE OF TENNESSEE COUNTY OF p -N This instrument was acknowledged before me on Qco. , 2016, by , for Sitel Operating Corporation, a Delaware .14 er• crar oration, on behalf of the corporation. State of Tewawni ..•-••„ • • • SO OP 10. Sitel Agreement 09 15 16dp.docx Page 10 of 10 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, 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, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Sitel Inc ("Sitel") has submitted a proposal to the Type A Corporation for a $500,000 grant for the creation of 500 new jobs in their call center facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Sitel`s creation of 500 new jobs; and WHEREAS, the Type A Corporation and Sitel have executed a business incentives agreement for the creation of jobs related to Sitel's call center facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Sitel related to Sitel call center facility in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 @BCL@5405CD97 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 @BCL@5405CD97 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Margie C. Rose Dr. R. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary Approved as to Legal Form Aimee Alcorn -Reed Assistant City Attorney @BCL@5405CD97 Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 6, 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) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Master Service Agreement Subsurface Utility Engineering (SUE) Services Motion authorizing the City Manager, or designee, to execute a master service agreement with Cobb, Fendley & Associates, Inc. of San Antonio, Texas in the amount of $200,000 for Subsurface Utility Engineering Services for a base year plus two (2) one-year options. PURPOSE: The purpose of this Agenda Item is to authorize a Master Service Agreement for Subsurface Utility Engineering (SUE) services with the selected firm. BACKGROUND AND FINDINGS: This contract was developed under a Master Service Agreement (MSA) to perform SUE services for various projects. This contract allows the City to better develop and refine the SUE process to classify information according to quality levels with an objective to improve data reliability to reduce construction conflicts, delays and costs. The American Society of Civil Engineers (ASCE) published Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data with four quality levels (A thru D): • Quality Level D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections. QL-D is useful primarily for project planning and route selection activities. • Quality Level C involves surveying visible above ground utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). • Quality Level B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all subsurface utilities within a project's limits. • Quality Level A is the highest level of accuracy presently available providing precise plan and profile mapping of underground utilities through the actual exposure of underground utilities (usually at a specific point). This level also provides the type, size, condition, material and other characteristics of underground features. Exposure is typically achieved through hand digging or Hydro -Vacuuming. The information is presented in CAD format or a GIS -compatible map with a conflict matrix that is created to evaluate and compare collected utility information with project plans, identify conflicts and propose solutions. This improves the design basis to reduce the overall construction cost and timeline. Under this MSA, the consultant will provide SUE services for city projects to be incorporated into design documents. Multiple Task orders will be issued for SUE Services within a not to exceed amount of $200,000 beginning with the following: Task 1. E15110 Flato Road Full depth repair Task 2. E15106 Ayers Street Pedestrian Improvements and Turn Lane Addition Task 3. E15098 Downtown Road and Streetscape Improvements Task 4. E15108 Downtown Traffic Signal and Area Improvements This project is proposed to be awarded as a multiple year program with a base year plus two one- year options. Future Task orders and renewal of option years will be administratively approved by the City Manager or designee upon satisfactory performance by Cobb, Fendley & Associates, Inc. ALTERNATIVES: 1. Authorize execution of a master service agreement. (Recommended) 2. Do not authorize execution of a master service agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This master service agreement and selection process comply with the Professional Procurement Act and City Policy. Cobb, Fendley & Associates, Inc. was selected by RFQ 2016-01. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures (CIP only) Current Year Future Years TOTALS Budget $205,500 $205,500 Encumbered / Expended Amount This item 200,000 200,000 Future Anticipated Expenditures This Project 5,500 5,500 BALANCE $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the master service agreement with Cobb, Fendley & Associates, Inc. in the amount of $200,000 for the Subsurface Utility Engineering Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Master Services Agreement Presentation Form 1295 PROJECT BUDGET ESTIMATE E16266 SUBSURFACE UTILITY ENGINEERING SERVICES PROJECT FUNDS AVAILABLE: Water CIP Fund $ 68,500 Wastewater CIP Fund 68,500 Storm Water CIP Fund 68,500 TOTAL 205,500 FUNDS REQUIRED: Fees: Engineering (Cobb, Fendley & Associates) $ 200,000 Reimbursements 5,500 Contract Administration (Engineering/Finance/Capital Budget) 2,000 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 3,000 Misc. (Printing, Advertising, etc.) 500 TOTAL $ 205,500 ESTIMATED PROJECT BUDGET BALANCE $0 1 =drop St Paul Odem r 77 Sint in Rancho Chico Morgan Farm Area Del Sol -Loma Linda Taft 1 f Tradewinds .ice Falnian-County Acres City -by - Aransas Pass Portland Ingleside Ingleside on the Bay Tierra Grande Petronila SUE Services (Citywide) Chaprnar Fiord' stang Island Mostan VICINITY MAP NOT TO SCALE Project Number: E16266 SUE Services (Citywide) CITY COUNCIL EXHIBIT DEPARTMENT Th1OFNT CORPUS IITSFRVIf.FC CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF SERVICES CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES 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 Cobb, Fendley & Associates, Inc, a Texas Corporation, San Antonio, Bexar County, Texas (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 4 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 6 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 7/16 K4ENGINEERING DATAEXCHANGEIANGIEMISTORM WATERlE16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR 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. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction 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 $200,000. 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. Page 2 Rev. 7116 K (ENGINEERING DATAEXCHANGE ANGIEMISTORM WATERIE16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, , 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: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $200,000.00 Task 1 — El 5110 Flato Road — full depth repair 18,057.50 Task 2 — El 5106 Ayers Street Pedestrian Improvements and Tum Lane addition 25,747.50 Task 3 — El 5098 Downtown Road and Streetscape Improvements TBD Task 4— El 5108 Downtown Street Traffic Signal and Area Improvements 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. Page 3 Rev. 7/16 KIENGINEERING DATAEXCHANGE'ANGIEMMSTORM WATER1E16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC 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) 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 lndemnitee, 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). Page 4 Rev. 7/16 KIENGINEERING DATAEXCHANGE\ANGIEMISTORM WATER1E16266 SUBSURFACE UTILITY ENGINEERING SERVICES120160726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC 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 multiple year program beginning on the Effective Date. The Agreement may be renewed for up to 2 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same 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. 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 Page 5 Rev. 7/16 KSENGINEERING DATAEXCHANGEIANGIEMtSTORM WATER4E16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL. SERVICES DOC 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 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 Page 6 Rev. 7/16 IC,SENGINEERING DATAEXCHANGE ANGIEMI5TORM WATERE16266 SUBSURFACE UTILITY ENGINEERING SERVICES52016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES. DOC 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. 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 Page 7 Rev. 7/16 KiENGINEERING OATAEXCHANGE'ANGIEMISTORM WATER1E16266 SUBSURFACE UTILITY ENGINEERING SERVICES\2016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES.DOC 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 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 fling 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. Page 8 Rev. 7116 K ENGINEERING DATAEXCHANGE ANGIEMISTORM WATER1E16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC 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 certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetingspre-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 Page 9 Rev. 7/16 !(.ENGINEERING DATAEXCHANGEVNGIEMSSTORM WATER1E16266 SUBSURFACE UTILITY ENGINEERING SERVICES12O16 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:llwww.ethics.state.tx.uslwhatsnewlelf info_forml 295.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:llwww.ethics.state.tx.usllegallch46.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/governmenticity-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 Severabilitv. If, for any reason, any one or more Articles andlor 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. CITY OF CORPUS CHRISTI COBB, FENDLEY & ASSOCIATES, INC. J.H. Edmonds, P. E. Date Dan Warth, P.E. Date Director of Engineering Services Regional Manager 1100 Northwest Loop 410, Suite 350 San Antonio, TX 78213 (210) 826-4611 Office RECOMMENDED Operating Department Date Page 10 Rev. 7/16 KSENGINEERING DATAEXCHANGE1ANGIEMISTORM WATERXE16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney ATTEST Rebecca Huerta Date City Secretary Page 11 Rev. 7/18 KIENGINEERING DATAEXCHANGEIANGIEMISTORM WATERIE16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR 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 "Cobb, Fendley & Associates, Inc." (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 COBB, FENDLEY & ASSOCIATES, INC J.H. Edmonds, P. E. Date Dan Werth, P.E. Director of Engineering Services Regional Manager 1100 Northwest Loop 410, Suite 350 San Antonio, TX 78213 (210) 826-4611 Office RECOMMENDED Operating Department Date Date Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL Master Services Agreement CobbFendley September 2, 2016 Chns Hale, P.E. Project Manager Engineering Seniccs Cit) of Corpus Christi VIA E-MAIL Re: RFQ No. 2016-01 Transportation and Clttlities— SL`E Services (E16266) Dear Mr. hale, CobbFendley is pleased to propose this attached scope of services for the Subsurface Unlit). Engineering (SUE) investigation "Large Contract" as referenced above. CobbFendley understands this contract will take the form of a .Master Services _Agreement, under which task orders will be issued. It is anticipated the following Task Orders will be forthcoming: Task 1. EI5110 Hato Road Full depth repair Task 2. E15106 Ayers Street Pedestrian improvements and Turn Lane Addition Task 3. E15098 Downtown Road and Streetscape Improvements Task 4. E15108 Downtown Traffic Signal and Area Improvements This proposal is based on infomtation obtained during our meeting on .August 12 and your subsequent request on September 2"d 2016 Please do not hesitate to contact us again of we can assist the Cit) of Corpus Chnst in any way. We Iook forward to working with you. Sincerely, COBB, FENDLFY & ASSOCIATES, INC. ICA Richard Clarice Project Manager EXHIBIT "B" Page 1 of 3 CobbFendley September 2nd 201( RFO No. 2016-01 Transportation and Utilities — SUE Services (E16266) Scope of Services The purpose of the Subsurface Utility Enginecnng (SUE) "Large Contract" referenced above is to assist the City of Corpus Christi Engineering Sen•ices Dept. by providing SUE for upcoming projects. SUE information allows the City and its engineering consultants to be aware of and take account of utility tssucs early in the development of a project: This minimizes uulity related re -designs, unanticipated stoppages and relocauon costs. It also enhances on site safety. CobbFendlcy will provides these services to the City in a phased approach following the ASCE 38-02 "The Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data"- see below. Uuhty quality- Levels are used to define the range of SUE provided. In cumulauve order (least to greatest) they are: Quality Level D - F.xisting Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Sun-cy: Quality Level "D" information from exisung records is correlated with surveyed surface -visible features. QualityLevel B - Designate: Two-dimensional horizontal napping. This information is obtained through the application and interpretation of appropnate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Additional description of services, methodology and equipment is below Quality Level A - Locate (Fest Hole): Threc-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Additional description of sen-iccs, methodology and equipment is below. At the request of the City of Corpus CobbFendley shall: • Perform Utility Designating (Level B SUE) to accurately identify and verify- horizontal utility. postuons. This assists in identifying potential utility conflicts • Perform Utility Locaung (Level .1 SUP to obtain utility depth information. This assists in resolving potential conflicts. Utility Designating (Level B SUE) CobbFcndley Shall 1. Coordinate with City of Corpus Christi to schedule work. The City will provide permission or permits to perform work, or right of entry to property and any utility easements. Determine with the City the need for traffic control. CobbFendlcy shall provide traffic control or through subcontract if required. 2. Perform Record Research (Level D SUE) by contacting utility. owners, The City, property owners and other stake holders to request utility. information. Tins will assist CobbFendlcy in identifying utilities and marking them in tic field. 3. Designate (means to mark and record) the horizontal location of the existing tone -able utility facilities using non destructive surface geophysical techniques. Tone -able utilities arc typically utilities that arc conductive or internally accessible with a traceable fish tape or sonde. Water and communication vaults can typically be investigated from above ground. Cobb Fendley docs not enter buried power vaults or manholes. EXHIBIT "B" Page 2 of 3 Subsurface Utility Engineering ..SUE) — Large Contract Page 2 of 2 :._` CobbFendley -1. Where possible use Ground Penetrating Radar (GPR). Under ideal circumstances nonconductive buried lines can be investigated successfully with GPIt. Soil conditions in Texas are however generally not stumble for GPR. CobbFcndlcy has had success using GPR for SUE work, but non-conductive features can remain undetected. 5. \ Lark identified uulities using a non -water base paint and pin flags, utilizing the .\PWA color code scheme. CobbFendlm will provide a field sketch of designated utilities. 6. If required survey SUE field markings and above ground utihty features, tic to existing project survey control and plot on project base topo map. CobbFendley will review this utility map and compare with as -built information and field work. Discrepancies resolved using professional judgement. 7. Provide letter report summarizing work performed. 8. Based on the Level B SUE information and proposed designs, assist the City of Corpus in determining utility conflict locations and appropriate locauons for vacuum excavation test holes to assist m resolving these potential conflicts. Vacuum Excavation (Level A) CobbFendley Shall: In locauons where the depth of Identified buried utilities is required, perform FI1\ A Level A vacuum test holes. Holes are excavated using a nondestructive compressed air vacuum excavation truck. Vacuum excavation shall be performed as follows! 1) Comply with regulations, and,{or policies for the prevention of underground utility damage (i.e., one -call system). Coordinate with Development Services to schedule work. The City of Corpus will provide permission and permits to perform work. CobbFendley shall provide traffic control or through subcontract if required. 2) Vacuum excavate to measure and record the depth and location of found items. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation- CobbFendley docs not take ownerslup of any excavated material. 3; Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 4) Backfill the hole. Compact in lifts. Restore pavement. 5) 1f required survey utility test hole locauons. Survey will be ued to existing project survey control, 6) Provide drafting to produce test holes data sheets showing utility depth, size and line material, condition of the line, type of soil for each test hole Location surveyed. Test hole data sheets include a "snapshot' from the CAD file showing test hole location and photographs of test hole and found utilities. J3asis of Compensation The above scope of services will be provided an a Task Order basis, with a total, not to exceed amount for all task under this contract of 5200,000.00 EXHIBIT "B" Page 3 of 3 EXHIBIT C PAYMENT REQUEST FORM Master Services Agreement W a z x to I- K vi K r� csiill X T aZZ 01-a) O,cJ ` 2 0 0 Invoice Date: 0 B v o F- c o• E a m 0 z -13E T 0 z .a E 0 L ♦r O 0 Basic Services: 0 \ I'- 0 \ F- co c o \ O a3 c a \ L[) CO G3 c c 0%1 0% o \ 0 a \ 0 a \ 0 o \ 0 0 \ in 0 \ O 0 \ co 1 $15,117 $0 $0 $15,117 $0 $1,000 $1,000 1 20,818 0 0 20,818 1,000 500 1,500 0 0 0 0 0 0 0 I 1 14,166 0 0 14,166 0 0 0 a o CD 0 o O 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 0r 000 00o ooo c) 000 64 00 0 o 0 o 0 - 0 rn o 0 •-tr) 0 a) 1 29,090 0 0 29,090 0 0 0 1 1,294 0 0 1,294 0 0 0 TBD TBD TBD TBD TBD TBD 0, ❑ CO I- 0 CO64 I- CD COER I- 0 1m ❑ m I- ❑ m I- 0 m 1 $39,395 $0 $0 $39,395 $0 $0 $0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 39,395 0 0 39,395 0 0 0 I $89,496 $0 $0 $89,496 $750 $1,500 $2,500 ID y (1) cri CU G4 L L al ii N V c d 03 a 2 E'Fa a a.c L w 2 ID o a ❑ CO IX U Subtotal Basic Services Additional Services: Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees EXHIBIT "C" Page 1 of 1 EXHIBIT D INSURANCE REQUIREMENTS Master Services Agreement EXHIBIT D Insurance Requirements 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. 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 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. EXHIBIT "D" Page '1 of 3 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 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 EXHIBIT "D" Page 2 of 3 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. EXHIBIT "D" Page 3 of 3 EXHIBIT E DISCLOSURE OF INTEREST Master Services Agreement CITY OF CORPUS CHRISTI =- DISCLOSURE OF INTEREST City of CorpChnnsti 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: Cobb, Fendley & Associates, Inc. P. O. BOX: STREET ADDRESS: 1100 Northwest Loop 410, Suite 350 FIRM IS: 1. Corporation 4. Association e CITY: San Antonio ZIP: 78213 2. Partnership 5. Other e 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 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 Committee Board, Commission or 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: Dan Warth, P.E. Title: (Type or Print) Regional Manauer Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "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. EXHIBIT F CERTIFICATE OF INTERESTED PARTIES Master Services Agreement 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: 2016-109526 Dale Filed: 09/08/2016 Date Acknowledged: 1 Name of business entity tiling form, and the city, state and country of the business entity's place of business. Cobb, Fendley & Associates, Inc. Houston, TX United States 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16266 SUE Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Bostwick, John Houston, TX United States X Silver, Monica Houston, TX United States X Funk, Stephanie Houston, TX United States X Conger, Dale Houston, TX United Slates X 5 Check only If there is NO Interested Party. ❑ 6 AFFIDAVIT .,„.i"ya AFFIX NOTARY STAMP Sworn to and subscribed 20 t ZO , to certify which, I swear, or affirm, r pen of perjury, that the above disclosure is true and correct. MFGAN LEVER 1k,1 Si, ».f authorized agent oh contracting business entity / SEAL ABOVE %� r p p ! L before me, by the said L- f I t,G1,1/1'6111 �J lJt4 I /o this the day of .'/7 �(j%} witness my hand and seal of office. jg Mvt(1M" J NO e of officer administering oath Title of officer admi stenng oath • OP Mr 1 Signat4 re of officer administering oath Printed nay Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us Version V1.0.277 EXHIBIT G EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 -- Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 —Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Proiect Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - AU underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions - 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 Corpus Chr sti Engineering Subsurface Utility Engineering (SUE) Services Council Presentation October 11, 2016 Project Location �hrsti Engineering Petra.. 'Tierra GralIC. SUE Services (Citywide) c,aPch Ranch Fain -C unty Acres NI Project Scope 0 �hrsti Engineering MSA for a multi-year contract with 1 base year and 2 option years. Individual task orders will be issued for the collection/ depiction of existing underground utilities and classified under 4 ASCE defined levels: • A - Highest level with physical verification of utilities condition & XYZ coordinates • B - Includes surface & other investigations to verify within project limits (X Y coordinates) • C - Site specific above Gid verification of "D" data • D - Basic record research Project Schedule �hrsti Engineering Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep SUE Services Project Estimate: 365 Calendar Days 12 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties, Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-109526 Date Filed: 09/08/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cobb, Fendley & Associates, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16266 SUE Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Bostwick, John Houston, TX United States X Silver, Monica Houston, TX United States X Funk, Stephanie Houston, TX United States X Conger, Dale Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, u der penal of perjury, that the above disclosure is true and correct. 00000•p,,,,, MEGAN I.E5NER '' _c'^*.'7-11t �', Notary Public, State of Texos �'. -• j� Comm. Expires 10-16.2014 ''"'t'13i'"}Tr ID 130405364 Notory Sig „i . e of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE �s Sworn to and subscribed before me, by the said l_. ( 1 7,414t1 & Lin- fj A) this the day of 20 1 tg , to certify which, witness my hand and seal of office. 1 Y Vi f/V 1 L�] U ✓ i n tesh.eiy l , Signat re of officer administering oath Printed na a of officer administering oath Title of officer admi stering 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 October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: TO: September 9, 2016 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: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Services Downtown Road and Streetscape Improvements BOND 2014 Prop. 2 Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $115,067 for the Downtown Road and Streetscape Improvements. (BOND 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract for the Downtown Road and Streetscape Improvements project. (BOND 2014 Proposition 2). BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Downtown Road and Streetscape Improvements — Improvements to the downtown streetscape such as new trash cans, improvements to the gateways (Laredo, Agnes, Mesquite area) and wayfinding signage to help create a sense of arrival to the district and enhance downtown image. Other various street, sidewalk, lighting and landscaping improvements such as improvements to People or Lawrence Street." This item provides for the engineering and design phase services to develop streetscape and wayfinding concepts that can be translated into physical infrastructure improvements to achieve the enhanced image and sense of arrival into the Downtown. The specific work planned includes new signage, light pole medallions, benches, trash and recycle bins, planters and other miscellaneous improvements. This project will consider the areas bounded by Shoreline Blvd to Lower Broadway and IH -37 to Coopers Alley. All work will be coordinated through meetings and discussions with key stakeholders including the Downtown Management District, affected property owners, the Texas Historical Commission and with City Departments of Parks & Recreation, Streets & Signals, Engineering Services, Business Liaison Office, Utilities and others as needed. ALTERNATIVES: 1. Authorize execution of an engineering design contract. 2. Do not authorize execution of an engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2016- 2017 Street Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,959 $1,450,041 $1,500,000 Encumbered / Expended Amount 49,959 0 49,959 This item 0 115,067 115,067 Future Anticipated Expenditures This Project 0 1,281,244 1,281,244 BALANCE $0 $53,730 $53,730 Fund(s): ST 23 Comments: N/A RECOMMENDATION: City staff recommends approval of the engineering design contract with Freese and Nichols, Inc. in the amount of $115,067 for the Downtown Road and Streetscape Improvements BOND 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Engineering Design Contract Form 1295 Location Map Presentation PROJECT BUDGET Downtown Road and Streetscape Improvements Bond 2014 Prop. 2 PROJECT FUNDS AVAILABLE: Street Bond 2014 $ 1,500,000 TOTAL FUNDS AVAILABLE 1,500,000 FUNDS REQUIRED: Construction: Construction (estimate) $ 1,068,800 Contingency (10%) 106,880 Construction Inspection and Testing: Construction Inspection (Estimate) 45,000 Construction Phase - Materials Testing Services (estimate) (TBD) 5,000 Design: Engineer (Freese and Nichols) Preliminary Design Engineer (Freese and Nichols) Engineering Design THIS ITEM Design Phase - Geotechnical Services (estimate) 49,959 115,067 1,000 Reimbursements: Total Reimbursements 54,564 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 21,000.00 Engineering Services (Project Mgt/Constr Mgt) 32,064.00 Misc. (Printing, Advertising, etc.) 1,500.00 TOTAL $ 1,446,270 ESTIMATED PROJECT BUDGET BALANCE $ 53,730 mbeces BaY Testas. Stale Aquarium 58 01) • Corpus Christi PROJECT LOCATION r OV G9r VICINITY Ar NOT TO SCALE Project Number: E15098 Downtown Road and Streetscape Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E15098 DOWNTOWN ROAD AND STREETSCAPE IMPROVEMENTS 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) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Boulevard., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS - 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 KIENGINEERING DATAEXCW NGEWNGIEMISTREET1E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FIA2016 0718 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. 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 that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder 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 subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City conceming the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 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. 2.2 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 the Opinion of Probable Cost (OPC), as needed. Page 2 Rev. 07/16 KIENGINEERING DATAEXCNANGEVWGIEMISTREETIE15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FM2018 0718 CONTRACT PROFESSIONAL SERVICES.DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $115.067. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.. 3.4 The Director of Engineering Services may request 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 within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or Toss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev. 07/16 KIENGINEERING DATAEXCHANGE1ANGIEMISTREETE15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12018 0718 CONTRACT PROFESSIONAL SERVICES DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase 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 as required by the terms of this Agreement, any such claim shall be waived. 3.12 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. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 . This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). approved-eganges- 4.3 The Consultant agrees to begin work on those authorized 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. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 KIENGINEERING DATAEXCHANGEVWGIEMISTREET1E15088 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FM20160718 CONTRACT PROFESSIONAL SERVICES. DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — 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 lndemnitee, 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 lndemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 KIENGINEERING DATAExCNANGEVINGIEMISTREET1E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 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. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 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. 8.3 Termination Procedure 8.3.1 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. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 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. 8.3.4 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 IX — RIGHT OF REVIEW AND AUDIT 9.1 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 fora minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 KIENGINEERING DATAEXCHANGEVWGIEMISTREET E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 9.2 ' Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). 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, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant'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 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. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 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: 10.1.1 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; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal govemments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or 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 errors and/or omissions in the documents. 10.2 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. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/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. 10.4 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. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev. 07/16 KIENGINEERING DATAEXCHANGEVWGIEM1STREET.E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12018 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 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. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 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. 12.1.2 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. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 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 Mediation. 12.1.5 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. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, 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 mediation. 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 process contained herein. Page 8 Rev. 07/16 KIENGINEERING DATAEXCHANGEWNGIEMISTREET1E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12018 0716 CONTRACT PROFESSIONAL SERVICES.DOC 12.2.3.1 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. 12.2.3.2 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. 12.2.3.3 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. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation 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. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 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 between the parties to this Agreement. 12.5 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 XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 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 by the City, 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 Page 9 Rev. 07/16 KIENGINEERING DATAEXCHANGEUWGIEMISTREET1E15088 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FNI2018 0718 CONTRACT PROFESSIONAL SERVICES DOC modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals 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. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature conceming the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $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, attached as Exhibit E. 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 goveming 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 contract or negotiating the terms of a contract with a govemmental 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 forml295.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.htm I. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Govemment Code, to complete and file Form CIQ with the City Secretary's Office. 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. 13.9 Controlling Law. This Agreement is govemed 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. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severabilitv. lf, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Page 10 Rev. 07/16 KIENGINEERING DATAEXCHANGEWNGIEMISTREETIE15096 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FNi2016 0718 CONTRACT PROFESSIONAL SERVICES.DOC 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. 9•t4 J.H. Edmonds, P. E. Date n G an, - E. Date Director of Engineering Services Vice President/Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project No. El 5098 Accounting Unit 3551-051 Account 550950 Activity: El 5098013551 EXP Account Category: 50950 Fund Name: Street CIP BOND 2014 Encumbrance No. Page 11 Rev. 07/16 KIENGINEERING DATAEXCWINGEIANGIEMISTTREET1E1S098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FNI20180718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {Insert' Proposal & Scope of Services from NE} Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Downtown Road and Streetscape Improvements (Bond 2014) (Project NumberE15098) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. improvement . grpupc. TD Q ete EXHIBIT "A" Page 1 of 6 Revised November 13, 2012 L:1ResourcestOLCR\C\Corpus ChrIstaCOCC - Downtown Road and Streetscape Improvements\design phase12 -Revised EXHIBIT A LARGE AE REVISED November 2012.doc commentc. DepaFtment The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11"x 17". 1. Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. c) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. d) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. e) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. EXHIBIT "A" Page 2 of 6 Revised November 13, 2012 L•\Resourcos\OLCR\C\Corpus ChdstACOCC - Downtown Road and Streetacape Improvomentsldesipn phaso12 -Revised EXHIBIT A LARGE AE REVISED November 2012.doe f) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adeauatelv addressed City -provided review comments or provided submittals in accordance with City standards. g) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. h) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions conceming the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation conceming bid evaluation and recommendation and prepare agenda materials for the City Council conceming bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. EXHIBIT "A" Page 3 of 6 Revised November 13, 2012 L1 ResourceslOLCR\C1Corpus ChristACOCC - Downtown Road and Streelscepe ImprovementsldesIpn phasel2 -Revised EXHIBIT A LARGE AE REVISED November 2012.doe 4. Construction Administration Phase (Not Authorized). The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractors price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. NE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE shall, with written authorization by the Director of Engineering Services, perform the following: 5. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Texas Historical Commission (THC) b. Texas Department of Licensing and Regulation (TDLR) EXHIBIT "A" Page 4 of 6 Revised November 13, 2012 LAResources\OLCR\C1Corpus ChristaCOCC - Downtown Road and SVeelacape Improvementskiasipn phasel2 -Revised EXHIBIT A LARGE AE REVISED November 2012.doe 6. Public Involvement. Participate in two coordination meetings with the Downtown Management District (DMD). The DMD will serve as the spokes -group for the project stakeholders and will coordinate with stakeholders in order to serve in this role. One meeting shall be held after submittal of the Draft Engineering Letter Report and one meeting shall be held prior to start of project construction. Preparation of notices, exhibits, and handouts for meetings will be provided by DMD and City. Provide follow-up and response to stakeholder comments collected by the DMD. Revise contract drawings to address comments, as directed by the City. 7. Warranty Phase (Not Authorized). Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Construction Observation Services. To Be Determined II. SCHEDULE Date Activity September 16, 2016 NTP October 31, 2016 60% Design Submittal November 14, 2016 City Review January 12, 2017 100% Final Submittal January 2017 Advertise for Bids February 2017 Pre -Bid Conference March 2017 Receive Bids April 2017 Contract Award May 2017 Begin Construction October 2017 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below with the exception of Construction Administration Phase which will be billed on a Time and Materials basis. The hourly rates for the Project Manager, Engineer VI, and Landscape Architect IV will be $175/hour, $160/hour, and $125/hour respectively. Based on the effort expected with the project as shown on the Manhour Breakdown the cost for Construction Phase Services is $9,321.00. If effort required to assist the City with the construction phase of the project exceed this anticipated effort the rates provided will be billed as additional services. The EXHIBIT "A" Page 5 of 6 Revised November 13, 2012 L• ResourceslOLCR C Corpus ChrlstRCOCC • Downtown Road and Streetscape Improvementstdesign phase@ -Revised EXHIBIT A LARGE AE REVISED November 2012.doc fees for other Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon NE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the NE a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase NA 2. Design Phase $91,981.00 3. Bid Phase $4,075.00 4. Construction Administration Phase (Time and Materials) (Not Authorized) $9,321.00 Subtotal Basic Services Fees $105,377.00 Additional Services Fees 5. Permit Preparation $3,576.00 6. Public Outreach $2,300.00 7. Warranty Phase (Not Authorized) $3,814.00 8. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $9,690.00 Total Fee $115,067.00 EXHIBIT "A" Page 6 of 6 Revised November 13, 2012 L:Wesources OLCR1C1Corpus ChristiCOCC - Dovmlown Road and Streeteeape Improvemenlsldesign phase12 -Revised EXHIBR A LARGE AE REVISED November 2012.doc Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 8 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 0727/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 30 50 $1,000 50 51,000 51,000 100% 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% 56,000 $1,000 51,250 $8,260 5750 51,500 $2,500 30% $2,000 $0 50 $2,000 $500 50 $500 25% 0 1,120 0 1.120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°,6 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0°.6 $2,000 51,120 51,627 $4,747 5500 $0 $500 11% $6,000 51,000 51,250 $8,250 5750 51,500 $2,500 30% 2,000 1,120 1.627 4,747 500 0 500 11% $8,000 52,120 52,877 312,997 51,250 51,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT C INSURANCE REQUIREMENTS Contract.for Professional Services Exhibit C 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 COL 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 insurance to City at the address provided below within 10 days of the requested change. 1 Rev 07/16 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 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit 0 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Chnsti 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: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline Blvd., Suite 1600N FIRM IS: 1. Corporation 4. Association 8 CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other 8 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 Committee Board, Commission or 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: Ron Guzman, P.E. Title: Vice President/Principal (Type or Print) (- Signature of CertifyingDate: ! , 1 4..,.. 1 c Person: `- DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E 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: 2016-106909 Date Filed: 08/31/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Dwntwn Rd & Streetscape Impv Provide professional engineering services for design, bid, and construction phase services for the Downtown Road and Streetscape Improvements (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X Payne, Jeff Dallas, TX United States X New, John San Antonio, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. /07.:;t1 LISA BOGGSeln A;: .1 Notary Public, State of Texas �,y,,W ,� ? My Commission Expires ' ' `�=` OB/25/2019 ' Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE 'Z Sworf to and subscribed before me, by the said {) f , r'Yj ,this the day of 20 LIO to certify which, witness my hand and seal of office. s t�1csV QQo (�c. Lisa ignature o officer d nistering oath Printed name of ofri er inistering oath Title of offic r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Servlces Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 —Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 —Contractor's Responsibilities 11 Article 8 —Other Work at the Site 11 Article 9 —Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 —Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions -1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date —The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 09601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. 06901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. 02601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 7200 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Protect Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Desiener, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Docunients. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install, "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions -10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Desiener is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions -11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions -12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions -13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions -14 Corpus Chr sti Engineering Downtown Road and Streetscape Improvements Bond 2014 Proposition 2 Council Presentation October 11, 2016 Project Vicinity 4000 Corpus Chr sti Engineering 64 4) '41,11 Texas 'Stade Aquarium Corpus Christi PROJECT LOCATION 2 rq Project Location wry �hrsti Engineering Downtown Streetscape and Improvements Shoreline Blvd. 3 Project Scope �hrsti Engineering Improvements to downtown streetscape (Laredo, Agnes, and Mesquite area and/or People and Lawrence Street) including the following: • Wayfinding signage and gateways • Visibility enhancements > New trash cans and recycle bins > Vegetated planters > Light pole medallions > Benches > Miscellaneous (other) • Project public outreach and coordination with DMD Project Schedule �hrsti Engineering 2016 2017 Sep Oct Nov Dec Jan Fe b Mar Apr Bid May Jun Jul Aug Sep Oct r- Construction Bid Phase: Feb 2017 - Apr 2017 Construction Phase: May 2017 - Oct 2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-106909 Date Filed: 08/31/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. Dwntwn Rd & Streetscape Impv Provide professional engineering services for design, bid, and construction phase services for the Downtown Road and Streetscape Improvements (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hailey, Tricia Oklahoma City, OK United States X Payne, Jeff Dallas, TX United States X New, John San Antonio, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,,.-4 :°�8-, LISA BOGGS r\ `� •,1 Notary Public, State of Texas ,, .,'� . My Commission Expires ' '` 06/25/2019 ' Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE % (-2swo to and subscribed before me, by the said l 1- U 7- } this the 3 C s1- /� day of /�`� �{ Sl" 20 1. to certify which, witness my hand and seal of office. kignre • • 0,LcisA o S Q Cl(via flcr atu` o officered 1�nistering oath Printed name of offs er ddunistering oath Title of offic r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 i 2fi.19 tt+ 9Mig Aide, yiE1nY r* •'' f?19S\ S;EC €�fk:iRRir.�.n�'a,rai-.is.t� �,lt;,£1f^...�OJ'�•.*',Jt,�i.. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: TO: September 15, 2016 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: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Services Downtown Street Traffic Signal and Area Improvements BOND 2014 Prop. 2 Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $334,275 for the Downtown Street Traffic Signal and Area Improvements. (BOND 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract for the Downtown Street Traffic Signal and Area Improvements project. (BOND 2014 Proposition 2). BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Downtown Street Traffic Signal and Area Improvements — This project will replace all obsolete single poles at traffic signals on Water Street corridor with mast arm poles assemblies from south of IH -37 to Coopers Alley. It will upgrade traffic signal hardware and software to City standard configuration. The new mast arm poles will be designated to comply with the architectural design standards outlined in the Central Business District Area Development Plan. Traffic signals will be coordinated for better traffic flows. This project will also assess the need to remove existing traffic signals as traffic signal warrant analysis dictates." This item provides for the engineering to complete the design phase to improve the signalization and safety along Water Street from Coopers Alley to Twigg Street. The improvements include new poles with mast arms that extend the signal heads out to provide drivers better line of sight. Utility adjustments are anticipated for the new pole locations and underground cables. The project also includes upgrades to the pedestrian and ADA devices. The design of the poles and devices will be consistent with the architectural standards for this area. The new signals will be coordinated and programmed for optimal traffic flows and safety. All work will be coordinated with key stakeholders and utilities to minimize disruptions to vehicular traffic, pedestrians and businesses. ALTERNATIVES: 1. Authorize execution of an engineering design contract. 2. Do not authorize execution of an engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2016- 2017 Street Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,959 $3,597,395 $3,647,354 Encumbered / Expended Amount 49,959 0 49,959 This item 0 334,275 334,275 Future Anticipated Expenditures This Project 0 3,210,474 3,210,474 BALANCE $0 $52,646 $52,646 Fund(s): ST 23 Comments: N/A RECOMMENDATION: City staff recommends the engineering design contract with Freese and Nichols, Inc. in the amount of $334,275 for the Downtown Street Traffic Signal and Area Improvements BOND 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Engineering Design Contract Location Map Presentation Form 1295 PROJECT BUDGET Downtown Street Traffic Signals and Area Improvements Bond 2014 Prop. 2 PROJECT FUNDS AVAILABLE: Bond 2014 $ 3,500,000.00 Storm Water CIP 200,000.00 TOTAL FUNDS AVAILABLE $ 3,700,000.00 FUNDS REQUIRED: Construction: Construction (estimate) 2,700,000.00 Contingency (10%) 270,000.00 Construction Inspection and Testing: Construction Inspection (Estimate) 105,000.00 Construction Phase - Materials Testing Services (estimate) (TBD) 10,000.00 Design: Engineer (Freese and Nichols) Preliminary Design 49,579.00 Engineer (Freese and Nichols) Engineering Design THIS ITEM 334,275.00 Design Phase - Geotechnical Services (estimate) 5,000.00 Subsurface Utiity Engineering (SUE) Services 50,000.00 Reimbursements: Total Reimbursements 123,500.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 52,500.00 Engineering Services (Project Mgt/Constr Mgt) 70,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL $ 3,647,354.00 ESTIMATED PROJECT BUDGET BALANCE $ 52,646.00 mbeces BaY Testas. Stale Aquarium • Corpus Christi PROJECT LOCATION OV G9r r 15$ cis VICINITY AP NOT TO SCALE Project Number: E15108 Downtown Traffic Signal and Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPROVEMENTS 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) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Boulevard., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07116 K ENGINEERING DATAEXCHANGEVANGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRIENGINEERING DESIGN FNI2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. 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 that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder 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 subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services underthis Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized underthis Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City conceming the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 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. 2.2 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 the Opinion of Probable Cost (OPC), as needed. Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEVANGIEMISTREET'E15108 DOWNTOWN STREET TRAFFIC SGNALS AND AREA IMPR\ENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $334,275. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. - - - - - - - - -, - - - _ - - - - - City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.. 3.4 The Director of Engineering Services may request 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 within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEVWGIEM\STREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase 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 as required by the terms of this Agreement, any such claim shall be waived. 3.12 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. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 4.3 The Consultant agrees to begin work on those authorized 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. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEWNG:EMISTREETlE15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:IENGINEERING DATAEXCHANGE\ANGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC S GNALS AND AREA IMPR\ENGINEERING DESIGN FN \2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 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. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 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. 8.3 Termination Procedure 8.3.1 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. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 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. 8.3.4 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 IX — RIGHT OF REVIEW AND AUDIT 9.1 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 maybe performed by a City designee, which may include its intemal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute Page 6 Rev. 07/16 K:IENGINEERING DATAEXCHANGEVINGIEMISTREET1E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). 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, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant'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 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. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 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: 10.1.1 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; 10.1.2 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. 10.1.3 Losses are incurred because of errors and/or 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 errors and/or omissions in the documents. 10.2 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. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/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. 10.4 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. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev. 07/16 K ENGINEERING DATAEXCHANGEVWGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC S GNALS AND AREA IMPR\ENG NEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, govemmental 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. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 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. 12.1.2 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. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 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 Mediation. 12.1.5 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. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, 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 mediation. 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 process contained herein. Page 8 Rev. 07/16 K %ENGINEERING DATAEXCHANGE ANGIEMISTREERE15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRENGINEERING DESIGN FM2016 0718 CONTRACT PROFESSIONAL SERVICES DOC 12.2.3.1 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. 12.2.3.2 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. 12.2.3.3 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. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation 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. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 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 attomey's fees should litigation result from any dispute between the parties to this Agreement. 12.5 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 XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 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 by the City, without specific written verification or adaptation by Page 9 Rev. 07/16 K:IENGINEERING DATAEXCHANGEWNGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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 licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals 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. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature conceming the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $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, attached as Exhibit E. 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 goveming body of a business entity of which the board or other goveming 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 contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Govemment Code, to complete and file Form CIQ with the City Secretary's Office. 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/govern ment/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is govemed 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. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 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, Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEVANG EM\STREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. J.H. Edmonds, P. E. Date Ikon Gusman, P. E. Date Director of Engineering Services Vice President/Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project No. E15108 Accounting Unit: 3551-051 Account: 550950 Activity: E15108013551 EXP Account Category: 50950 Fund Name: Street CIP BOND 2014 Encumbrance No. Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRENGINEERING DESIGN FM2018 0718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {Insert Proposal & Scope of Services from A/E) Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Downtown Street Traffic Signals and Area Improvements (Bond 2014) (Project Number E15108) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Consultant: EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 L:1ResourceslOLCR\ClCorpus ChristhCOCC - Downtown Street Traffic Signals and Area Improvements1Design PhastA2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc professionafdesign. roupc. Trll Q otn eemments: The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. iift unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11 "x 17". EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 L:1Resources\OLCR1C1Corpus ChristlCOCC - Downtown Street Traffic Signals and Area Improvements1Design Phaset2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, waming and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. h) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. i) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if. in the opinion of the City Engineer or designee. Consultant has not adeauately addressed City -provided review comments or provided submittals in accordance with City standards. j) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. k) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). I) Provide traffic signal timing and modeling coordination for the traffic signals using City provided traffic and pedestrian counts The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 LAResources OLCR\C\Carpus ChrlsthCOCC - Downlow Street Traffic Signals and Area Improvements\ Design Phase %2 • REVISED EXHIBIT A LARGE AE REVISED November 2012.doe d) Traffic and pedestrian counts at all intersections and high pedestrian crossings in the study area e) Coordination assistance with the Downtown Management District during design or plan reviews 3. Bid Phase. The NE will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase (Not Authorized). The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 L• ResoureeslOLCRRC1Corpus ChdstACOCC • Downtown Street Traffic Signals and Area ImprovementssDesIgn Phase12 - REVISED EXHIBIT A LARGE AE REVISED November 2012doc f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.1 4 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 5. Permit Preparation. Fumish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Texas Department of Licensing and Regulation (TDLR) 6. Topographic Survey and Parcel Descriptions The topographic survey and parcel descriptions will be provided by the City under separate contract. A/E will coordinate and assist the City's survey provider to identify the survey and ROW limits and specific items required to be included. A/E will review, conform and rectify the survey drawings into the format required for the project design. The City will provide all permitting, right -of entry, utility one -call, and traffic control and related costs necessary for the procurement of topographic survey and parcel descriptions needed for the project. prejeet-aroa7 EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 L: ResourcernOLCR1C\Corpus ChrlstADOCC - Oownlown Street Traffic Signals and Area ImprovementslDeslgn Phasel2 - REVISED EXHIBIT A LARGE AE REVISED November 2012doc will romain-iR-grid: work fer SUE. tree -shown. Right -of -Way (ROW) Acquisition Survey (Not Authorized). The ROW Acquisition Survey(s) will be provided by the City under separate contract. A/E will coordinate and assist the City's survey provider to identify the ROW and/or easements required to be acquired for the project. A/E will review, conform and rectify the survey, metes and bounds and property descriptions into the format required. A/E will meet with the property owners as needed for acquisition of the ROW or easements. All-workmuot te-be-asguired: EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 LAR esoureeMOLCR1CtCorpus Chdett COCC • Downtown Street Trek Signals and Area tmprovemants1DesIgn Phasel2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 8. Geotechnical Investigation. The geotechnical investigation will be provided by the City under separate contract. A/E will coordinate and assist the City's geotechnical provider by developing the geotechnical scope of work for the project including a boring plan depicting location, depth, and total number of subsurface borings required. The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of geotechnical data needed for the project. 9. Subsurface Utility Investigation. The subsurface utility investigation will be provided by the City under separate contract. A/E will coordinate and assist the City's subsurface utility engineering (SUE) provider by developing the SUE scope of work for the project including a SUE plan depicting location, depth, and total number of subsurface potholes and test holes required. NE will assist in informing local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. Gas facilities within the project limits will be located to Quality Level C by the NE. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of subsurface utility engineering data needed for the project. Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. 10. Traffic Control. Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced waming signage, traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. 11. Public Involvement. Participate in two coordination meetings with the Downtown Management District (DMD). The DMD will serve as the spokes -group for the project stakeholders and will coordinate with stakeholders in order to serve in this role. One meeting shall be held after submittal of the Draft Engineering Letter Report and one meeting shall be held prior to start of project construction. Preparation of notices and handouts for meetings will be provided by DMD and City. A/E will prepare exhibits for the meetings. Provide follow-up and response to stakeholder comments collected by the DMD. Revise contract drawings to address comments, as directed by the City. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 L:ViesourcessOLCRRClCorpus ChrIstPCOCC . Downtown Street Traffic Signets end Area ImprovementADesign Phase12 . REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 12. Warranty Phase (Not Authorized). Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 13. Construction Observation Services. To Be Determined II. SCHEDULE Date Activity September 16, 2016 NTP November 15, 2016 60% Design Submittal December 15, 2016 City Review February 15, 2017 100% Final Submittal March 2017 Advertise for Bids March 2017 Pre -Bid Conference April 2017 Receive Bids May 2017 Contract Award July 2017 Begin Construction February 2018 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below with the exception of Construction Administration Phase which will be billed on a Time and Materials basis. The hourly rates for the Project Manager, Engineer IV, Engineer VI, Technician IV and Designer II will be $175/hour, $150/hour, $160/hour, $125/hourand $140/hour respectively. Based on the effort expected with the project as shown on the Manhour Breakdown the cost for Construction Phase Services is $43,794. If effort required to assist the City with the construction phase of the project exceed this anticipated effort the rates provided will be billed as additional services. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 LAResources\OLCRtCICorpus ChdsU COCC - Downtown Sheet Traffic Spats and Area ImprovemenlssDesign Phase%2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the NE a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase NA 2. Design Phase $214,794.00 3. Bid Phase $9,438.00 4. Construction Administration Phase (Time and Materials) (Not Authorized) $43,794.00 Subtotal Basic Services Fees $268,026.00 Additional Services Fees (Allowance) 5. Permit Preparation $4,335.00 6.Topographic Survey and Parcel Descriptions $5,442.00 7. ROW Acquisition Survey (Not Authorized) $6,192.00 8. Geotechnical Investigation $3,232.00 9. Subsurface Utility Investigation $6,509.00 10. Traffic Control $17,673.00 11. Public Involvement $16,726.00 12. Warranty Phase (Not Authorized) $6,140.00 13. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $66,249.00 Total Fee $334,275.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 L:1 Aesources\OLCR\C1Corpus ChristilCOCC - Downtown Street Traffic Signals and Area ImprovementslDestgn Phasel2 - REVISED EXHIBIT A LARGE AE REVISED November 2012doc Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Planing Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 51,000 $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% 56,000 51,000 $1,250 $8,250 $750 51,500 52,500 30% $2,000 $0 $0 52,000 $500 $0 $500 25% 0 1.120 0 1,120 0 0 0 0°4 0 0 1,627 1,627 0 0 0 0°,6 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 51,120 $1,627 $4,747 $500 $0 $500 11% 56,000 51,000 $1,250 58,250 $750 51,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% 58,000 $2,120 12,877 512,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT C INSURANCE REQUIREMENTS Contract for Professional Services Exhibit C 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 If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VH. 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. 1 Rev 07/16 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 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D It:2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Chnsti City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking information. do business with the City to provide the following Every question must be answered. If the 4uestion is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline Blvd., CITY: Corpus Christi ZIP: 78401 Suite 1600N FIRM IS: 1. Corporation 4. Association e 2. Partnership 5. Other e 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 Committee Board, Commission or 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: Ron Guzman, P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E 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 2016-107099 Date Filed: 09/01/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. Dwntwn St. Traffic Signal Professional engineering services for the design, bid and construction phases of the City of Corpus Christi Downtown Street Traffic Signal and Area Improvements project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. .•a ��� LISA BOGGS �..............'\ NotaryPublic,+ ,fri. 17Commission State p Texas �,.r, y. �� My Expires ----� '="``~ 06/25/2019 ( Signature of aJthorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 'eon (.-1 v zma , this the 15+ day of fe � 20 1 (, , to certify which, witness my hand and seal of office. OA -_. r. .._ei_ 0.. e- "Si.nature of .fficer admi.r lig oath Printed name of o 1 = T. ministering oath Title of ffi r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 —Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 —Contractor's Responsibilities 11 Article 8 —Other Work at the Site 11 Article 9 —Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 —Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 —Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and - paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes,.rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved, "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish/' "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 — AVAILABIUTY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's, findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions -10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions -11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10— OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions -12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions -13 10.07 Limitations on OAR's and Des gner's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions -14 Corpus Chr sti Engineering Downtown Street Traffic Signal and Area Improvements Bond 2014 Proposition 2 Council Presentation October 11, 2016 Project Vicinity 4000 Corpus Chr sti Engineering Egliiiiill ,0001PTIMPIW -AM OrTexas §-Tate Aquarium -0 Corpus Christi PROJECT LOCATION 64%.... C9 '9or Project Location 0 a111 Corpus Chr sti Engineering 3 Project Scope �hrsti Engineering Traffic signal upgrades to improve safety & traffic flows (for the Water Street corridor from Coopers Alley to Twigg): • Signal hardware and software upgrade to city specifications for 9 intersections • Synchronization of corridor traffic signalization • Assess warrant for changes to traffic signal or removal of existing • Utility coordination (City, AEP, AT&T, Etc.) • Stakeholder meetings • Project public outreach and coordination with DMD Project Schedule �hrsti Engineering 2016 2017 Sep Oct Nov Dec n 1 Feb OF Design J Mar Apr Bid May Jun Jul Aug Sep Oct Nov Dec 1 Construction 111 Bid Phase: Feb 2017 - Apr 2017 Construction Phase: May 2017 - Dec 2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-107099 Date Filed: 09/01/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. Dwntwn St. Traffic Signal Professional engineering services for the design, bid and construction phases of the City of Corpus Christi Downtown Street Traffic Signal and Area Improvements project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �r'a" LISA BDGGS(,, 1t ��� ' *: Notary Public, State of Texas f� My Commission Expires,.. ILSignature , 06/25/2019 of aGthorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE 70r) /yct�,�� Swor`n//to� and subscribed before me, by the said �--! t an , this the I, St day of J�' fer o.e 20 1 l7 , to certify which, witness my hand and seal of office. J IJb 1� of � J4_ 41 •LI Si nature of .fficer admi A ng�oath Printed name of o ministering oath Title of +ffi• •r administering oath Forms provided by Texas Ethics Commission www. eth i c s. stat e. tx . u s Version V1.0.277 ?VW Ai l.1 26I51 la :gra Eau(lx) ac?nimino3 ;inti 'ti filS f f 1.rtA 191'c.7%rt.ritsvorlit::'JJl. L AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 16, 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: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Construction Contract Alameda Street from Lipan to Kinney BOND 2014 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD of Corpus Christi, Texas in the amount of $1,862,252.50 for Alameda Street from Lipan to Kinney for the total base bid. (BOND 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Alameda Street from Lipan to Kinney Project. (BOND 2014 Proposition 1) BACKGROUND AND FINDINGS: This project was approved through Bond 2014 Proposition 1 Street Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Alameda Street from Kinney to Lipan — This project includes a full depth repair of the existing two lane roadway which is consistent with the C-1 minor collector roadway designated in the Urban Transportation Plan. Other improvements include curb and gutter, sidewalks, ADA curb ramps, and pavement markings." The existing two-lane roadway is 40' wide with parking on both sides of the street. This project consists of the full -depth reconstruction of Alameda Street from curb to curb for the five blocks from Lipan to Kinney with new sidewalks, curb & gutter and ADA curb ramps. Striping and pavement markings will designate two travel lanes with parking on each side along the curbs. The two travel lanes are planned for "shared" bike access with signage and markings to create "Bike Boulevard" per the Metropolitan Planning Organization's (MPO) Strategic Plan for Active Mobility. Utility improvements include water and storm water. Storm water improvements will extend along Comanche to tie-in to a new storm water manhole at approximately Staples Street. Construction sequencing will be coordinated with the adjacent school to minimize traffic impacts. Construction immediately adjacent to the school is planned over school holiday break (Thanksgiving thru first of year.) On September 7, 2016, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid Bay, LTD Corpus Christi, Texas $1,862,252.50 MAX Underground Construction, LLC. Corpus Christi, Texas $1,887,083.50 Clark Pipeline Services Corpus Christi, Texas $1,926,342.12 J. Carroll Weaver, Inc. Sinton, Texas $4,435,396.05 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Lockwood, Andrews & Newnam, Inc. (LAN) is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $323,685.00 $2,638,515.00 $2,962,200.00 Encumbered / Expended Amount 323,685.00 0.00 323,685.00 This item 0.00 $1,862,252.50 $1,862,252.50 Future Anticipated 0.00 423,827.25 423,827.25 Expenditures This Project BALANCE $0.00 $452,435.25 $452,435.25 Fund(s): ST 01 Comments: N/A RECOMMENDATION: City staff and LAN recommend the construction contract be awarded to Bay, LTD in the amount of $1,862,252.50 for the Alameda Street from Lipan to Kinney BOND 2014 Proposition 1 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Alameda Street from Lipan to Kinney BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street CIP Bond 2014, Proposition 1 $ 1,500,500.00 Total Utilitiles 1,551,700.00 Storm Water 345,600.00 Wastewater 784,700.00 Water 409,400.00 Gas 12,000.00 TOTAL FUNDS AVAILABLE $ 3,052,200.00 FUNDS REQUIRED: Construction: Construction (Bay, LTD) 1,862,252.50 Street 1,124,825.00 Storm Water 288,654.00 Wastewater 35,380.00 Water 404,093.50 Gas 9,300.00 Contingency (10%) 186,225.25 Construction Inspection and Testing: Construction Inspection (Estimate) 88,566.00 Construction Phase - Materials Testing Services (Estimate) 32,959.00 Design (Includes Geotechnical Services) Engineer (Lockwood, Andrews & Newnam) 323,685.00 Street 184,555.00 Storm Water 69,565.00 Wastewater 36,173.80 Water 33,391.20 Reimbursements: Total Reimbursements 106,077.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 44,283.00 Engineering Services (Project Mgt/Constr Mgt) 59,044.00 Misc. (Printing, Advertising, etc.) 2,750.00 TOTAL $ 2,599,764.75 ESTIMATED PROJECT BUDGET BALANCE $ 452,435.25 El 3161 69 E'. 2250 AlueCes B pus Christi nal Airport 4` 271 49.A T63 Texas Stale Aquarium Project Location rpus Christi Lipan St. D or, c7._ 7 3 CD x- aai �. rtitee "Lake Park El El J.8,5) 22 4 - Mrd 16I. w El 1 VICINITY MAIC NOT TO SALE 3 3 r Project Number: E13086 Alameda Street From Lipan Street to Kinney Street ( Bond 2014 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 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: 2016-114415 Date Filed: 09/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. 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. Transportation, Texas Department of 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. E13086 Alameda Street-Lipan Street to Kinney Street (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO _Interested Party. ❑ 0,11l tel,“ ,,,,,, N ,,,,, Y •• 4- �� 6 AFFIDAVIT •.` � �•`!(j ,, Po y�., 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. .4t 422 0 y.r� ,i - E S1-1 n- .1.-, n9 ii5r• .7 .� p IR,, Signature of auth ' ed agent of contracting business entity "1' 4--z__ , this the Q O�t-- day of C+(,(`/kG! ..., .. 0 ,z� 4.4. AFFIX NOTARY ST %VH�4(65Bir I ill (ABOVE Sworn to and subscribed before me, by the said To ► ` 20 j to certify which, witness my hand and seal of office. R. Lerma /Big r P(112f/ c Y `ir/ ,hvyyt.,\ttt,- Signature of officer admistering oath Printed name of officer administering oath Title of offi r administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Corpus Chr sti Engineering Alameda Street From Lipan to Kinney Bond 2014 Council Presentation October 11, 2016 Project Vicinity �hrsti Engineering Corpus Christi zlerr tion oI Airport om'- - Texts Sta, Agiariu�rs W R,ve R I Project Location Corpus Christi Lipan St. ® a mg 5xifo �Cake.�Psr q� l 1,01 ® Ward 15V, d Project Location �hrsti Engineering Li pan St. 1t P42 fit I. inche Rd. 3 71.1 ----" D � 3 Project Scope �hrsti Engineering This project includes the full depth reconstruction of 5 blocks of Alameda Street (Lipan to Kinney) including: • New HMAC pavement with striping and pavement markings to designate 2 travel lanes with parking on each side • Travel lanes are designated as Bike Boulevard (per MPO plan) • Curb and gutters, sidewalks, and ADA compliant ramps • Underground utility improvements include water and storm water - Storm water improvements extend along Comanche to tie-in to new storm at approximately Staples. ❖ Construction sequencing was specifically coordinated with school holiday period to minimize traffic impacts. Project Schedule �hrsti Engineering 2016 2017 Aug I Sep Oct Nov Dec Jan l Feb I Mar Apr I May Bid Construction Project Estimate: Calendar Days 180 N 6 Months Construction immediately adjacent to the school is planned over school holiday break (Thanksgiving thru New Years). Bike Boulevard C*It) Corpus Chr sti Engineering Bike Boulevard designation per MPO Strategic Plan for Active Mobility. Example : Hoboken, HJ AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager THROUGH: Mark Van Vleck, ACM for Public Works and Utilities FROM: Dan McGinn, Assistant Director, Envronmental and Strategic Initiatives DanielMc@cctexas.com 361-826-3595 Resolution supporting the Cole and Ropes Park (CARP) Implementation Plan CAPTION: Resolution by the City Council of the City of Corpus Christi supporting the Implementation Plan for improved water quality, to reduce bacteria, developed by the Cole and Ropes Parks' Coordination Committee (CARP) for Cole and Ropes Park Beaches located in Corpus Christi Bay and the Louisiana Parkway Watershed (Watershed) in Corpus Christi, Texas. PURPOSE: The City is a stakeholder in the water quality restoration planning for both Cole and Ropes Parks required under the Texas Commission on Environmental Quality(TCEQ) Total Maximum Daily Load (TMDL) program. The CARP is requesting support of the planning activities, as described in the IPlan, in the form of a resolution. BACKGROUND AND FINDINGS: During the August 9, 2016 Council Meeting, council members were presented with an update on the Cole and Ropes Park I -Plan. Attainment of the National Water Quality Standard is anticipated upon full implement- ation of the I -Plan. ALTERNATIVES: 1. Approval of the Resolution as recommended. 2. Disapproval the Resolution as recommended. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The contract and selection process complies with City Policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Grant • •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): N/A RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Letters of Support Resolution by the City Council of the City of Corpus Christi supporting the Implementation Plan for improved water quality, to reduce bacteria, developed by the Cole and Ropes Parks' Coordination Committee (CARP) for Cole and Ropes Park Beaches located in Corpus Christi Bay and the Louisiana Parkway Watershed (Watershed) in Corpus Christi, Texas. WHEREAS, the City of Corpus Christi is a coastal city valuing its shoreline for aesthetic, economic, recreation, and public health reasons; and WHEREAS, in 2012 the City of Corpus Christi was invited to participate as a stakeholder in water quality restoration planning for Cole and Ropes Park Beaches: and WHEREAS, the CARP Coordination Committee, a twelve -member stakeholder committee, was formed and elected at a public meeting held in 2012, representing thousands of basin stakeholders, including interests in business, tourism, recreation, environmental resources, public health and safety, academia, and home ownership, as well as three staff representatives from the City of Corpus Christi, and was facilitated by the Coastal Bend Bays Foundation and the Center for Coastal Studies, Texas A&M University — Corpus Christi, on behalf of the Texas Commission on Environmental Quality (TCEQ); and WHEREAS, the aforesaid "Watershed" stakeholders and entities represented in the CARP Coordination Committee,along with the Texas Commission on Environmental Quality (TCEQ), and the U.S. Environmental Protection Agency (EPA) have worked together to plan and implement voluntary and mandatory actions appropriate to community needs to improve water quality through common sense strategies that reflect the natural environment, recreational uses, and economy or the region; and WHEREAS, the TCEQ established two separate Total Maximum Daily Loads (TMDL) projects, for bacteria, otherwise known as pollution budgets, one each, for Cole and Ropes Park; and WHEREAS, the TMDL is a scientifically determination of how much pollutant the water body can naturally assimilate each day and remain healthy; and WHEREAS, the established TMDL projects will require implementation activities that will reduce existing pollutant loads from point sources and non -point sources that the TCEQ identified during development of the two TMDLs; and WHEREAS, the CARP Coordination Committee and Work Group stakeholders spent thousands of volunteer hours in meetings preparing the Implementation Plan (I -Plan) that will recommend to TCEQ a variety of activities to remedy the high levels of bacteria in both Cole and Ropes Park beaches, as identified in the two TMDL projects, and seeks resolutions of support from its members, which I—Plan is attached as Exhibit A. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF CORPUS CHRISTI: Section 1. That, the City supports the CARP I -Plan and pledges its participation to implement those activities identified in the I -Plan for which it has responsibility, using those funds that have been or may be appropriated for them. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Nelda Martinez Mayor of , 2016 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 SURFRIDER FOUNDATION Surfrider Foundation Texas Coastal Bend Chapter 122 Whiteley Drive Corpus Christi, TX 78418 (361) 937-2115 www.coastalbend.surfrider.org email: surfridertxcbc@yahoo.com Letter of Support Implementation Plan for One Total Maximum Daily Load for Bacteria at Cole and Ropes Beaches in Corpus Christi Bay (I -Plan) TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area FROM: The Texas Coastal Bend Chapter of the Surfrider Foundation, the local chapter of an international organization with vision to keep our beaches open to everyone, promote smart coastal development that avoids coastal impacts, protect special ocean and coastal places, ensure the water is clean to surf and swim and the beaches are free of plastic litter. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP (Coles and Ropes Park Coordination Committee), entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: Primary goals of the Surfrider Foundation and its Texas Coastal Bend Chapter are the preservation of our shorelines, their water quality and their access to all. For about ten years our chapter has conducted regular storm stenciling events within the City of Corpus Christi, including the Cole and Ropes Park watersheds, to remind our community that what is on our streets ends up in our Bay. The Texas Coastal Bend Chapter of the Surfrider Foundation strongly supports the proposed Bacteria Reduction Implementation Plan (I -Plan) and its voluntary approach for reducing bacteria levels in Corpus Christi Bay at Cole and Ropes Park. Our chapter and its volunteers will also continue to be ready to assist our community in improving our bay's and coastline water quality. Respectfully, De Cliff Schlabach Chair, Texas Coastal Bend Chapter of Surfrider Letter of Support Bacteria Reduction Implementation Plan For Cole and Ropes Parks, Corpus Christi, Texas TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area, City of Corpus Christi, Nueces County, Coastal Bend Council of Governments. FROM: Bay Area Smart Growth Initiative. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP, entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: Bay Area Smart Growth Initiative (BASGI) supports the Bacteria Reduction Implementation Plan for CoIe and Ropes Parks. Improved recreational water quality in the target segments of Cole and Ropes Parks is consistent with Smart Growth principles supporting benefits to the general public and preserving critical environmental areas. By: Jucjy,Telge Fa i ; tator Bay Area S art Growth Initiative Date: August 6, 2016 Letter of Support Bacteria Reduction Implementation Plan For Cole and Ropes Parks, Corpus Christi, Texas TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area. FROM: The Corpus Christi Taxpayers Association, a watchdog society active since the 1920s, organized to keep taxes, fees, and utility bills at reasonable rates that all taxpayers in the City of Corpus Christi and Nueces County can afford. Our association is an effective voice of citizens, carrying a message to elected officials that the community expects wise, not wasteful, use of tax dollars. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP, entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: The Corpus Christi Taxpayers Association supports the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. Improved recreational water quality in the target segments of Cole and Ropes Parks is consistent with our policy to support projects that benefit a majority of individuals and communities in the area affected at reasonable costs. By: • LA 40 li-Aie0A4 Dr, Gerald Sansing, President Corpus Christi Taxpayers Association Date: A aritor"; 1,14 i6 _ i'1',1,) ' COASTAL BEND BAYS FOUNDATION Board of Directors President Jace Tunnel) Exec. Vice President Danielle Converse Vice President, Environment Paul Silva Vice President, Industry Danna Hill Sharpe Vice President, Government Sharon Bailey Lewis Treasurer R. Jay Reining Secretary Colleen Johnson Delegate to CBBEP Robert B. Wallace, Jr. Delegate to ILEAC Teresa A. Carrillo Immediate Past President John S. Adams Trustees Sarah Garza Cassandra "Sandi" Hart Larry McKinney, Ph.D. Richard J. McLaughlin, Ph.D. Jim Boyle Maclovio Perez Ron Pinaire Jonas Chupe Dave Sullivan Lauren Hutchison Dick Bowers (Emeritus) Bernard A. Paulson (Dir. Emeritus) Pat Suter (Emeritus) Robert B. Wallace, Jr. (Emeritus) EXECUTIVE DIRECTOR 1227 Agnes, Ste. B-1 Corpus Christi, Texas 78401 P. (361) 882-3439 F. (361) 882-5625 E. cbbf@baysfoundation.org A Partnership for Conservation www.baysfoundation.org July 29, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from the Coastal Bend Bays Foundation for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common- sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfull Jace"unnell President ��----til PARKS & RECREATION DEPARTMENT PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3460 Fax 361-880-3864 www.cetexas.com www.ceparkandrec.com Live. Learn. Plats CORPUS CHRISTI PARKS& RECREATION July 15, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.D. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from the Parks and Recreation Advisory Committee of the City of Corpus Christi for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." The Parks and Recreation Advisory Committee held their monthly meeting on Wednesday, July 13, 2016 and voted unanimously to support the I -Plan. When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012, a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee [CARP], which has been meeting since then to create the I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfully, Stacie Talbert Anaya Parks & Recreation Interim Director Date 41 I, BEND s • VW S-'4ARIEs Coastal Bend Bays & Estuaries Program, Inc. 4- • 615 N. Upper Broadway, Suite 1200, Corpus Christi, TX 78401-0749 • 361-336-0304 • 361-400-5362 (fax) July 28, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, On behalf of the Coastal Bend Bays & Estuaries Program, I am writing to offer my support for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. The efforts within Cole and Ropes Parks are an important step towards reducing bacteria in the water at Cole and Ropes Parks beaches, and supports the Coastal Bend Bays & Estuaries Program Coastal Bend Bays Plan, specifically our Water and Sediment Quality Action Plan, Habitat and Living Resources Action Plan, and our Human Uses Action Plan. We have been and will continue to work with the CARP to provide our technical and scientific expertise as needed, and we look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches. Sincerely, Raft /4eeetic Ray Allen Executive Director Coastal Bend Bays & Estuaries Program www.cbbep.org Visit our website — www.cbbep.org Letter of Support Implementation Plan for One Total Maximum Daily Load for Bacteria at Cole and Ropes Beaches in Corpus Christi Bay (I -Plan) TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area FROM: Coastal Bend Windsurfers, a group of windsurfers (list attached) who have regularly enjoyed practicing their sport at Cole and Ropes Park, some for over 25 years. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP (Coles and Ropes Park Coordination Committee), entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: Coles and Ropes Parks are some of our nation's premier windsurfing locations. Several regional and international competitions were held at Cole Park since the early eighties including the 2016 US Windsurfing Nationals organized by the US Windsurfing Association. The nearshore water quality of these parks is an obvious concern to this group and to other recreational users. For example windsurfers typically abstain from launching from these parks after rain events. Coastal Bend windsurfers wholeheartedly support the proposed Bacteria Reduction Implementation Plan (I -Plan) and its voluntary approach for reducing bacteria levels in Corpus Christi Bay at Cole and Ropes Park. Improved recreational water quality will reduce the risk of negative health impact from practicing our sport. These benefits will extend to other recreational users who enjoy these wonderful parks. Better water quality in our parks is also important for our city as our waterfront is a wonderful resource well known regionally and, in the case of Oleander Point at Cole Park, known internationally in the windsurfing community. By: Coastal Bend Windsurfers (see attached signatures) Below Coastal Bend Windsurfers signatures expressing their support for the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. Name, First Name L‘, t.ren i re,:r6 &ipr-D OCre S./ c4(iLic,(c REtJT m„J TA 12 .bkACT,6s -r Ke- 5)17 ei\ede, 0 # • Signature jr*nor-miem,_ c()1( [0 g Sh21-u+ 10 A ti6 . Residence (Street & City if not Corpus Christi) • 1`.6--6,6 cis 51 3/4/2-/e1J0?ere-br- 3 5 -KO 4,6—cAn,-- S 393& uef-/iDE 31,0 sC'sQ H Me [do Par -4 dr 3g0 (\v-od\p_scts , 04-2Atla 1%'-H Cati,Ite Pr kck 2.7kecoliiavd AM/ 6er. friff0P4 /7 ti 4fLd)9-W CLA /1-11 6CA P4-111- k( 4 y)s.))‘,AAA4 CC7648 t-(4)A451M-yit rz -8S-`1 ((( C(C) ( Below Coastal Bend Windsurfers signatures expressing their support for the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. me, Frst Name 1,61k- r,561(711( Ci-g)c TAM zc7 LJflLP TD\o-nveid-f-Lxt Signature Residence (Street & City if not Corpus Christi) v)-1 rpS 1 tP31) )14ARA f6XCIOC(((f J'on .e‘rs11/421-- PAa44--- 3 td occ rro TN .7gcto) se7 &7 J/ 74114117 7101 I /e3ct (t:e_A) M ji'de 7CP5C-2- 6 Nr -2- tyvs) t 6- 11 011.16i0-evi Jok9Lttp-a\ te_ 'PC 7S4-( c,'?) 7e -to 3e2 extrJ e r vs V4-0 LeewateS br. / ctv1A-314 Cot. puLs ClArk't4 K 184-)B '3€0 Ig Tellexo, CC7C 7P-4°1 670, //lice h Cc 7I `7,142 11) United Corpus Christi CHAMBER of COMMERCE August 30, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, On behalf of the United Corpus christi Chamber of Commerce's 1100 members, please accept this letter of support for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfully, 4014/in Annette Medlin, IOM President and CEO 1501 N. Chaparral Corpus Christi, Texas 78401 361.881.1800 www.unitedcorpuschristichamber.com League of Women Voters - Corpus Christi Area P. 0. Box 8276 • Corpus Christi, TX 78468 (361) 445-4436 htt://www.Iwv-cc.org Letter of Support Bacteria Reduction Implementation Plan For Cole and Ropes Parks, Corpus Christi, Texas TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area [ADD OTHER ORGANIZATIONS OR SPECIFIC GOVERNMENTAL BODIES, SUCH AS THE COMMISSIONERS COURT OF NUECES COUNTY, TEXAS; AREA COGS, etc. that the SENDER may additionally identify.] FROM: The Corpus Christi League of Women Voters, a nonpartisan, political Organization, that encourages informed and active participation in government, Works to increase understanding of major public policy issues, and influences Public policy through education and advocacy. The League does not support or oppose any political party or candidate. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP, entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: We, the League of Women Voters of Corpus Christi, Texas, support the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. Improved recreational water quality in the target segments of Cole and Ropes Parks is consistent with the League of Women Voters' Policy Positions for Natural Resources, developed over the years, reviewed and affirmed by members at the May 2016 Annual Meeting. By: Dr. Ma ,bane Garza, P? sident Date: ?GJ, Corpus Christi - Nueces County Public Health District Support Services Division -Administration 1702 Horne Rd., Corpus Christi, TX 78416 Phone: 361-826-7205 Fax: 361-826-1343 PublicHealth Prevent. Promote. Protect. August 10, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from William Burgin JR MD for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final 1 -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this !-Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitcrs. Respectfully, William Burgin JR MD Name LOCAL HEALTH AUTHORITY CC-NCPHD Tittle August 10, 2016 Date v+' C PUS CHRISTI O CONVENTION&VISITORS BUREAU August 8, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (1 -Plan) Dear Mr. Loft, Please accept this letter of support from Corpus Christi Convention & Visitors Bureau for the "implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (1 -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final 1 -Plan. We believe the 1 -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this !-Plan. We look forward to the positive results this 1 -Plan will have for reducing bacteria at Cole and Ropes Paribeaches, thus ensuring the safety and health of our community members and visitors. Respectfully, — 1 Paulette Kluge CEO VisitCorpusChristiTX.org Sierra Club Coastal Bend Group PO Box 3512 Corpus Christi, TX 78463 August 8, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from the Sierra Club Coastal Bend Group for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfully, _furs-.%Gff Lois Huff, Chair Sierra Club Coastal Bend Group ____ __ _ . ... . _._ pi iftij TCEO Approved Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Segments 2481CB_o3 and 2481CB_04 Water Quality Planning Division, Office of Water TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Distributed by the Total Maximum Daily Load Section Texas Commission on Environmental Quality MC -2o3 P.O. Box 13087 Austin, Texas 78711-3087 TMDL Implementation Plans are also available on the TCEQ Web site at: www.tceq.texas.gov/implementation/water/tmdl/ The preparation of this Implementation Plan was financed in part through grants from the U.S. Environmental Protection Agency. And in large part on the recommendations of the Cole and Ropes Park Coordination Committee Stakeholder Group, Facilitated by the Center for Coastal Studies at Texas A&M University -Corpus Christi Agencies that participated in the development of this document include: Texas Commission on Environmental Quality This Implementation plan is based in part on reports prepared for the TCEQ by: • Implementation Plan for Eight Total Maximum Daily Loads for Indicator Bacteria in Dickinson Bayou and Three Tidal Tributaries • Implementation Plan for Seventy -Two Total Maximum Daily Loads for Bacteria in the Houston -Galveston Region In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512/239-0028, Fax 239-4488, or 1 -800 -RELAY -TX (TDD), Or by writing P.O. Box 13087, Austin, TX 78711-3087 ii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table Contents Table Contents List of Figures vi List of Tables vii List of Commonly Used Acronyms x Acknowledgements xii CARP Members xii CARP Alternates xii Past CARP Members xiii Past CARP Alternates xiii CARP Support xiii Past CARP Support xiii Executive Summary 1 Management Measures (Voluntary Activities) 3 Control Actions (Regulatory Activities) 4 Introduction 5 Watershed Overview 6 Figure 1. Location of Cole and Ropes Parks 7 Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. 8 Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. 9 Texas Beach Watch Program Bacteria Sampling 9 Summary of TMDLs 10 Pollutant Sources and Loads 10 Pollutant Load Allocation 13 Waste Load Allocation (WLA) 13 Load Allocation (LA) 15 Total Maximum Daily Load (TMDL) 15 Implementation Strategy 17 Adaptive Implementation 17 Activities and Milestones 18 Management Measures and Control Actions 19 Management Measures (Voluntary Activities) 19 Control Actions (Regulated Activities) 20 Management Measure 1.0: Education and Outreach 21 Management Measure 1.1: General Awareness 22 Management Measure 1.2: Leave It Better Than You Found It 23 Management Measure 1.3: Pet Waste Disposal 24 iii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 1.4: Prevent Intentional Dumping and Disposal 25 Management Measure 1.5: Slow the Flow (Low Impact Development) Initiative 26 Management Measure 2.0: Monitoring 31 Management Measure 2.1: Continue Sampling Enterococcus Levels at Cole and Ropes Parks 31 Management Measure 2.2: Collect Rainfall Data Near Cole and Ropes Parks 33 Management Measure 2.3: Conduct Stormwater Outfall Flow Sampling 34 Management Measure 3.0: Research 38 Management Measure 3.1: Evaluate Methods to Remove Bacteria with Green Infrastructure39 Management Measure 3.2: Bacterial Source Tracking 40 Management Measure 3.3: Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions 41 Management Measure 3.4: Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303(d) List 42 Management Measure 3.5: Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the Use of Dye Testing 43 Management Measure 3.6: Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health 44 Management Measure 4.0: Wastewater Collection Systems 50 Management Measure 4.1: Enhance Existing Fats, Oil & Grease (FOG) Program 50 Management Measure 4.2: Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) 51 Management Measure 4.3: Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 52 Management Measure 4.4: Implement an Ongoing Inflow and Infiltration Study 53 Management Measure 4.5: Conduct Hydraulic Modeling of Collection System 54 Management Measure 5.0: Stormwater Drainage System 60 Management Measure 5.1: Determine Effectiveness of Stormwater Retrofits* to Remove Bacteria 60 Management Measure 5.2: Continue the Major Outfall Assessment and Repair Program as Funding Allows 62 Management Measure 5.3: Support and Encourage the Adoption of Stormwater Master Plan 63 Management Measure 6.0: Ordinance and Regulation 66 Management Measure 6.1: Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program 66 Management Measure 6.2: Commercial Cross -Connection Inspection Program 68 Management Measure 6.3: Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program 69 Management Measure 6.4: Improved Grease Trap Standards 71 Management Measure 6.5: Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes 72 Management Measure 6.6: Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 73 iv Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.7: Install Additional Signage 74 Management Measure 6.8: Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 75 Management Measure 6.9: Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks 76 Management Measure 6.10: Adopt and Enforce Additional Ordinances 78 Management Measure 6.11: Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment 80 Control Actions 1.0: Wastewater Collection Systems 89 Control Action 1.1: Continue Existing Fats, Oil & Grease (FOG) Program 89 Control Action 1.2: Continue Monitoring Sanitary Sewer Overflows (SS0s) 90 Control Action 1.3: Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation 91 Control Actions 2.0: Stormwater Drainage System 94 Control Action 2.1: Continue Existing Stormwater Programs 94 Control Action 2.2: Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation 95 Control Actions 3.0: Ordinance and Regulation 98 Control Action 3.1: Eliminate Residential Cross -Connections 98 Sustainability 103 Water Quality Indicators 103 Implementation Milestones 104 Communication Strategy 104 References 106 Appendix A. I -Plan Matrix 107 Appendix B. Load Reduction Estimates 117 Appendix C. Formal Support for the I -Plan 122 v Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Figures Figure 1. Location of Cole and Ropes Parks 7 Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. 8 Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. 9 vi Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Tables Table 1. Water Quality Inventory Assessment Data 10 Table 2. Percentages of Each AU Designated as an Urbanized Area 14 Table 3. MS4 Permittees in Corpus Christi Bay at Coles and Ropes Park 14 Table 4. TMDL Allocation Summary Corpus Christi Bay at Coles and Ropes Parks (in Billions MPN/day.) 16 Table 5. MM 1.1. General Awareness. Implementation timeline schedule. 23 Table 6. MM 1.2. Leave It Better Than You Found It. Implementation timeline schedule. 24 Table 7. MM 1.3. Pet Waste Disposal. Implementation timeline schedule. 25 Table 8. MM 1.4. Prevent Intentional Dumping and Disposal. Implementation timeline schedule 26 Table 9. MM 1.5. Slow the Flow (Low Impact Development) Initiative. Implementation timeline schedule. 27 Table 10. Summary of Management Measure 1.0: Education and Outreach 28 Table 11. MM 2.1. Continue sampling Enterococcus levels at Cole and Ropes Parks. Implementation timeline schedule. 32 Table 12. MM 2.2. Collecting Rainfall Data Near Cole and Ropes Parks. Implementation timeline schedule. 34 Table 13. MM 2.3. Conduct Stormwater Outfall Flow Sampling. Implementation timeline schedule 35 Table 14. Summary of Management Measure 2.0: Monitoring 36 Table 15. MM 3.1. Evaluate Methods to Remove Bacteria with Green Infrastructure. Implementation timeline schedule. 40 Table 16. MM 3.2. Bacterial Source Tracking. Implementation timeline schedule. 41 Table 17. MM 3.3. Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions. Implementation timeline schedule 42 Table 18. MM 3.4. Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list. Implementation timeline schedule. 43 Table 19. MM 3.5. Identify water flow patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of dye testing. Implementation timeline schedule. 44 Table 20. MM 3.6. Change sampling date of current TX Beach Watch Program to be more protective of public health. Implementation timeline schedule. 46 Table 21. Summary of Management Measure Research 47 vii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 22. MM 4.1. Enhance existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 51 Table 23. MM 4.2. Continue and Expand the Notification System for Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 52 Table 24. MM 4.3. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 53 Table 25. MM 4.4. Implement an Ongoing Inflow and Infiltration Study. Implementation timeline schedule. 54 Table 26. MM 4.5. Conduct Hydraulic Modeling of Collection System. Implementation timeline schedule. 55 Table 27. Summary of Management Measure: Wastewater Collection Systems 57 Table 28. MM 5.1. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria. Implementation timeline schedule. 61 Table 29. MM 5.2. Continue the Major Outfall Assessment and Repair Program as Funding Allows. Implementation timeline schedule 63 Table 30. MM 5.3. Support and Encourage the Adoption of Stormwater Master Plan. Implementation timeline schedule. 64 Table 31. Summary of Management Measure: Stormwater Drainage System] 65 Table 32. MM 6.1. Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program. Implementation timeline schedule. 67 Table 33. MM 6.2 Commercial Cross -connection Inspection Program. Implementation timeline schedule. 69 Table 34. MM 6.3 Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program. Implementation timeline schedule. 71 Table 35. MM 6.4 Improved Grease Trap Standards. Implementation timeline schedule. 72 Table 36. MM 6.5. Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes. Implementation timeline schedule. 73 Table 37. MM 6.6. Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals. Implementation timeline schedule 74 Table 38. MM 6.7. Install Additional Signage. Implementation timeline schedule. 75 Table 39. MM 6.8. Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings and Immediately After Rainfall. Implementation timeline schedule 76 Table 40. MM 6.9. Restrict Access to Bay Waters from City Parks and Other Bay Front City Properties During Periods of Significant Public Health Risks. Implementation timeline schedule. 78 viii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 41. MM 6.10. Adopt and Enforce Additional Ordinances. Implementation timeline schedule 79 Table 42. MM 6.11. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment. Implementation timeline schedule 80 Table 44. CA 1.1. Continue existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 90 Table 45. CA 1.2. Continue Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 91 Table 46. CA 1.3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 92 Table 47. Summary of Control Action Wastewater Collection Systems 93 Table 48. CA 2.1. Continue Existing Stormwater Programs. Implementation timeline schedule 95 Table 49. CA 2.2. Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 96 Table 50. Summary of Control Action: Stormwater Drainage System] 97 Table 51. CA 3.1. Eliminate Residential Cross -connections. Implementation timeline schedule 99 Table A-1. CARP Watershed Monitoring and Assessment — Implementation Schedule and Tasks 108 Table B-1. CARP Watershed Load Reduction Estimates 118 ix Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Commonly Used Acronyms A/E AU BEACH BMP CA CARP CBBEP CBBF CBCOG CCNCPHD CCS CCTV CFU CFS CIP CITY CMOM CMP DNA DWL EC EMC EPA FG FOG FSE ft. GIS GLO HEM I&I IA I -Plan LA LID LDC LF MM mL MGD MOS Architectural and Engineering Assessment Unit Beaches Environmental Assessment, Closure, and Health Best Management Practice Control Action Cole and Ropes Parks Coastal Bend Bays & Estuaries Program Coastal Bend Bays Foundation Coastal Bend Council of Governments Corpus Christi Nueces County Public Health District Center for Coastal Studies Closed Circuit Televising Colony -forming units Cubic Feet Per Second Capital Improvements Program City of Corpus Christi Capacity Assurance, Management, Operation and Maintenance Coastal Management Program Deoxyribonucleic Acid Dry Weather Loading Event Concentration Event Mean Concentration Environmental Protection Agency Future Growth Fats, Oil & Grease Food Service Establishments Feet Geographic Information System General Land Office Hexane Extractible Material Inflow and Infiltration Implementation Activity Implementation Plan Load Allocation Low Impact Development Load Duration Curve Linear Feet Management Measure Milliliter Million Gallons Per Day Margin of Safety Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay MPN Most Probable Number MS4 Municipal Separate Storm Sewer System MST Microbial Source Tracking NELAC National Environmental Laboratory Accreditation Conference NPDES National Pollutant Discharge Elimination System NPS Nonpoint Source NRA Nueces River Authority PCR Polymerase Chain Reaction OSSF On -Site Sewage Facility PSA Public Service Announcements QAPP Quality Assurance Project Plan qPCR Quantitative Polymerase Chain Reaction RDII Rainfall Dependent Inflow/Infiltration SEA Saltwater Fisheries Enhancement Association SEP Supplemental Environmental Project SSMD Single Sample Maximum Density SSO Sanitary Sewer Overflow SWMP Stormwater Management Plan SWQMIS Surface Water Quality Monitoring Information System TAC Texas Administrative Code TAMUCC Texas A&M University -Corpus Christi TBD To Be Determined TBWP Texas Beach Watch Program TCEQ Texas Commission on Environmental Quality TIDRC Texas Illegal Dumping Resource Center TMDL Total Maximum Daily Load TPDES Texas Pollutant Discharge Elimination System TPWD Texas Parks and Wildlife Department TX Texas UDC Unified Development Code USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service WLA Waste Load Allocation WQMP Water Quality Management Plan WWTF Wastewater Treatment Facility xi Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Acknowledgements CARP Members Luz Lumb, Chair, Recreation Philippe Tissot, Recreation Kori Ellien, City of Corpus Christi Sharon Lewis, City of Corpus Christi Temple Williamson, City of Corpus Christi Wastewater Rosario Martinez Environmental, Coastal Bend Bays & Estuary Program CARP Alternates Adriana Leiva, Recreation Leo Trevino, Environmental, Coastal Bend Bays & Estuary Program Gabriel Ramirez, City of Corpus Christi Daniel McGinn, City of Corpus Christi Jay Reining, Environmental Gerald Sansing, Home Owners Preeti Shrestha, City of Corpus Christi Chris Tweedle, Academia Sally Farris, Co -Chair Home Owners James Klein, Environmental Meredith Darden, Tourism, Convention and Visitors Bureau Craig Thompson, Business & Industry Kelly White, Academia Dr. William Burgin, Public Health Florence Tissot, Recreation Rae Mooney, Environmental, Coastal Bend Bays & Estuary Program T.J. Carpenter, Visitors Bureau Ashleigh Higson, Tourism, Convention and Visitors Bureau Sandra Heatherley, Home Owners Lillian Bass, Academia Donna Rosson, Public Health Annette Rodriguez, Public Health xii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Past CARP Members Jace Tunnell, Environmental, Coastal Bend Bays & Estuary Program Bill Green, City of Corpus Christi Past CARP Alternates Valerie Gray, City of Corpus Christi CARP Support Teresa Carrillo, Center for Coastal Studies, Texas A&M University -Corpus Christi Brien Nicolau, Center for Coastal Studies, Texas A&M University -Corpus Christi Erin Hill, Center for Coastal Studies, Texas A&M University -Corpus Christi Past CARP Support Ismael Nava, Coastal Bend Bays Foundation Daniel Ryne Lucio, Coastal Bend Bays Foundation Danielle Converse, City of Corpus Christi Bob Blair, Business & Industry Tim Stephens, Business & Industry Lauren Young, Texas Commission on Environmental Quality Chris Loft, Texas Commission on Environmental Quality Ron Stein, Texas Commission on Environmental Quality Roger Miranda, Texas Commission on Environmental Quality Debbie Grimaldi, Coastal Bend Bays Foundation In Memory of Peggy Sumner, 1955-2013, First CARP Chair Earl! Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay C Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Executive Summary On date, the Texas Commission on Environmental Quality adopted Two Total Maximum Daily Loads for Bacteria (TMDL) on Cole and Ropes Parks Beaches in Corpus Christi Bay (Segment 2481). The TMDL was approved by the U.S. Environmental Protection Agency (USEPA) on month, day, year. Implementation activities within this plan specifically target beaches at Cole Park (Segment 2481CB_o3) and Ropes Park (Segment 2481CB_o4) beaches located along the southern shoreline of Corpus Christi Bay. The Cole and Ropes Park Coordination Committee (CARP) is a group of interested citizens, private organizations, local businesses and federal, state, and local governments who work together to protect the health of Corpus Christi Bay at Cole and Ropes Park. The CARP Bacteria Reduction Implementation Plan Committee stakeholder group directing the I -Plan formed four work groups to determine appropriate activities and schedules to accomplish the Management Measures (MM) and Control Activities (CA) described in the plan. Management Measures refer to strategies for reducing unregulated pollutants, generally through voluntary Best Management Practices (BMPs), while Control Actions refer to regulated source reduction strategies, generally through Municipal Separate Storm Sewer System (MS4) permits. The work groups formed were (1) City Infrastructure, (2) Education and Outreach, (3) Ordinances and Regulations, and (4) Monitoring and Research. Collectively, the CARP stakeholder group and work groups held 61 meetings to develop this I -Plan. The CARP Committee has identified Management Measure 3.2: Bacterial Source Tracking as the first priority activity for implementation. Because many of the Management Measures and Control Actions recommended in this I -Plan address specific potential bacterial sources, results from bacterial source tracking will guide the prioritization and implementation of subsequent activities and allow for wise allocation of limited resources throughout the implementation of the I - Plan. Texas Commission on Environmental Quality 1 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay The ultimate goal of this I -Plan is to restore the contact recreation uses in Segments 2481 CB o3 and CB o4 of the Cole and Ropes Parks beaches by reducing concentrations of bacteria to levels established in the TMDL. The TMDL identified potential regulated and unregulated sources of the indicator bacteria Enterococcus. This Implementation Plan, or I -Plan: • describes the Management Measures and Control Actions the watershed stakeholders and the TCEQ propose to implement with the ultimate goal of the bacteria pollutant reductions necessary to restore and protect water quality, • identifies the means by which these activities may be implemented, • proposes a schedule for implementation of these activities, and • describes how stakeholders and the TCEQ propose to track implementation of these activities and monitor improvements in water quality. This I -Plan includes 33 Management Measures with 6 Control Actions that may be used to reduce bacteria in the Cole and Ropes Park watershed. Management Measures are related to managing nonpoint sources (unregulated), such as working to identify On Site Sewage Facilities (OSSFs) in the watershed. Control Actions are related to point sources (regulated discharges), such as industrial or domestic wastewater treatment facilities and permitted stormwater discharges. Discharges from the City of Corpus Christi's Municipal Separate Storm Sewer System (MS4) into Corpus Christi Bay at Cole and Ropes Parks beaches are regulated under a Texas Pollutant Discharge Elimination System (TPDES) permit. Unregulated sources that could contribute to the bacteria load in the Cole and Ropes Park watershed include nesting and loafing birds at the sample site and beaches, and unmanaged pet and wildlife animal waste. The TCEQ will track the progress of this voluntary I -Plan in restoring the affected Recreational Beach use. Water quality data will continue to be collected by the Texas General Land Office (GLO) who administers the Texas Beach Watch Program (TBWP) and is responsible for notifying the public when water quality standards for pathogens or pathogen indicators are exceeded. TCEQ is provided with a compilation of all beach data collected and analyzed by GLO under the TBWP and will continue to identify trends and compliance with the water quality standard in order to protect human health by identifying beaches with persistent advisories. If persistent advisories continue, and standards are not attained, the Texas Commission on Environmental Quality 2 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay TCEQ and watershed stakeholders should reevaluate the TMDL and the I -Plan and take appropriate action. The TCEQ will report the results of implementation tracking and evaluation in its biennial program status report and at regional forums. Management Measures (Voluntary Activities) 1. General Awareness 2. Leave It Better Than You Found It 3. Pet Waste Disposal 4. Prevent Intentional Dumping and Disposal 5. Slow the Flow (Low Impact Development) Initiative 6. Continue Sampling Enterococcus levels at Cole and Ropes Parks 7. Collect Rainfall Data Near Cole and Ropes Parks 8. Conduct Stormwater Outfall Flow Sampling 9. Evaluate Methods to Remove Bacteria with Green Infrastructure 10. Bacterial Source Tracking 11. Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions 12. Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List 13. Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing 14. Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health 15. Enhance Existing Fats, Oil & Grease (FOG) Program 16. Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) 17. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 18. Implement an Ongoing Inflow and Infiltration Study 19. Conduct Hydraulic Modeling of Collection System 20. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria 21. Continue the Major Outfall Assessment and Repair Program as Funding Allows 22. Support and Encourage the Adoption of Stormwater Master Plan 23. Residential Leaking/ Broken Private Sewer Laterals Pre -Sale Inspection/ Testing Program Texas Commission on Environmental Quality 3 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 24. Commercial Cross -Connection Inspection Program 25. Commercial Leaking/ Broken Sewer Laterals Pilot Inspection/ Testing Program 26. Improved Grease Trap Standards 27. Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes 28. Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 29. Install Additional Signage 3o. Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 31. Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks 32. Adopt and Enforce Additional Ordinances 33. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment Control Actions (Regulatory Activities) 1. Continue Existing Fats, Oil & Grease (FOG) Program 2. Continue Monitoring Sanitary Sewer Overflows (SS0s) 3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation 4. Continue Existing Stormwater Programs 5. Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation 6. Eliminate Residential Cross -connections For each of the measures and actions, this plan identifies the responsible parties, technical and financial needs, monitoring and outreach efforts, and a schedule of activities. The time line for activities is by tiers; Tier 1 (1-5 years), Tier 2 (5-10 years), and Tier 3 (10-15 years). Implementation of the Management Measures will largely be dependent upon the availability of funding. The stakeholders and TCEQ will review progress under the TCEQ's adaptive management process. The plan may be adjusted periodically as a result of progress reviews. Texas Commission on Environmental Quality 4 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Introduction To keep Texas' commitment to restore and maintain water quality in impaired rivers, lakes, and bays, the TCEQ works with stakeholders to develop an I -Plan for each adopted TMDL. A TMDL is a technical analysis that: • determines the amount of a particular pollutant that a water body can receive and still meet applicable water quality standards, and • sets limits on categories of sources that will result in achieving standards. • TMDLs are the best possible estimates of the assimilative capacity of the water body for a pollutant under consideration. This I -Plan is designed to propose activities that may achieve the water quality goals for the Cole and Ropes Parks beaches watershed as defined in the TMDL. It is a voluntary, flexible tool that governmental and nongovernmental organizations involved in implementation may use to guide their activities to improve water quality. The participating partners may accomplish the activities described in the plan through rule, order, guidance, or other appropriate formal or informal action. The Cole and Ropes Park Coordination Committee (CARP) is a group of interested citizens, private organizations, local businesses and federal, state, and local governments who work together to protect the health of Corpus Christi Bay at Cole and Ropes Park. The CARP advised the TCEQ on the development of the bacteria TMDL and continued to advise the TCEQ during development of this I - Plan. This I -Plan contains the following components: i) A description of proposed Management Measures and Control Actions that may be implemented to achieve the water quality standards. 2) A recommended schedule for implementing activities (Appendix A). 3) The responsible organization under which the participating agencies may require implementation of the Control Actions. 4) A follow-up tracking and monitoring plan to determine the effectiveness of the Control Actions and Management Measures undertaken. 5) Identification of measurable outcomes the TCEQ and stakeholders will use to determine whether the I -Plan has been properly executed, water quality standards are being achieved, or the plan needs to be modified. 6) Identification of the communication strategies the TCEQ will use to disseminate information to stakeholders. Texas Commission on Environmental Quality 5 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 7) A review strategy that stakeholders will use to periodically review and revise the plan to ensure there is continued progress in improving water quality. This I -Plan also includes possible causes and sources of the bacteria impairment, Management Measure and Control Action descriptions, estimated potential load reductions, technical and financial assistance needed, educational components for each measure and action, schedule of implementation, measurable milestones, indicators to measure progress, monitoring components, and responsible organization outlined in the Nonpoint Source Program Grants Guidelines for States and Territories (EPA, 2004). Consequently, projects developed to implement nonpoint source (unregulated) elements of this plan that also meet the grant program conditions may be eligible for funding under the EPA's Section 319(h) incremental grant program. Watershed Overview In 2008, based on data collected under the Texas Beach Watch Program, EPA took action to list Corpus Christi Bay (Segment 2481) on the 3o3(d) List of Impaired Waters for bacteria and subsequently listed the entire water body in Category 5a, meaning a TMDL will be scheduled. Upon request by TCEQ, EPA reconsidered listing the entire Corpus Christi Bay segment and changed the listing to include only beaches at Cole Park and Ropes Park, and designated them into separate assessment units (Segment 2481CB_o3 and 2481CB_o4, respectively) (Figure 1). In addition, the listing category changed to 5c, meaning additional bacteria data were needed before a TMDL is conducted. These actions resulted in establishment and TCEQ funding for the project: "TMDL Investigation for Bacteria in Corpus Christi Bay Beaches". This I -Plan addresses the impaired Assessment Units (AUs) and the watershed of the main area of those AUs. There are twelve main sub -watersheds that affect Cole and Ropes Park AU's, totaling 4415 acres of urban land that discharges to Corpus Christi Bay. Texas Commission on Environmental Quality 6 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Figure 1. Location of Cole and Ropes Parks. Cole Park Cole Park, Segment 2481CB_o3, is 43 acres in size and is owned and operated as a public park by the City of Corpus Christi. The park sits on the edge of Corpus Christi Bay (Figure 2). The park's facilities include 3 separate parking lots, totaling approximately 25o parking spots, a skate park, new children's playground, fishing pier, amphitheater, restroom facilities, and numerous park benches and picnic tables. The shoreline consists of approximately 1,80o ft. of rock rubble, 30o ft. of sandy beach, and the remainder consists of concrete bulkhead with large rocks and obstructions with little to no access to the water. There is one large (9.5 ft. high by 11 ft. wide) stormwater outfall located in Cole Park that serves the Baldwin -Louisiana drainage basin. Three other stormwater outfalls are present along the shoreline within the boundaries of the park. Windsurfers and kite boarders utilize Oleander Point (south end) part of Cole Park for bay access. Ropes Park Ropes park, Segment 2481CB_o4, is 3.5 acres in size and is owned and operated as a public park by the City of Corpus Christi. This park also sits on the edge of Corpus Christi Bay (Figure 3). The park's facilities include 6 parking spaces. The park hosts a stairway down to the water and park benches for sitting. There is almost 1,000 ft. of shoreline, including 26o ft. of sand with the remainder comprised of large pieces of concrete rubble. The park sits on top of an Texas Commission on Environmental Quality 7 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay approximately 3o ft. bluff overlooking the water. There are two small stormwater outfalls located at this park. There is also a large (12 ft. high by 11 ft. wide) stormwater outfall located approximately 85o ft. south of Ropes Park which serves the Horne-Brawner Drainage Basin. Ropes Park is commonly used by windsurfers for bay access to launch their equipment. Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. Texas Commission on Environmental Quality 8 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. Texas Beach Watch Program Bacteria Sampling Currently, the Texas General Land Office (GLO) administers the Texas Beach Watch Program (TBWP) and collects water samples through contract, from 164 stations at 62 recreational beaches along the Texas coast in Aransas, Brazoria, Cameron, Galveston, Jefferson, Kleberg, Matagorda, Nueces, and San Patricio Counties. Sample collection occurs weekly (one time at each station) during the peak beach season from May through September and bi-weekly from October through April with water samples collected at approximately o.6 m (2 ft.), or knee depth. The GLO maintains a website at http://texasbeachwatch.com/ where maps and bacteria water quality information are available. Bacteria results are updated each time sample data are entered into the TBWP database. Local government entities typically post Beach Watch advisory signs at beach access points and issue advisories that warn the public not to swim in affected waters when bacterial levels are exceeded. TBWP advisories are recommended when a single sample exceeds EPA's recommended Single Sample Maximum Density (SSMD) criteria of 104 colony - forming units (CFU) or most probable number (MPN)/loo mL Once issued, that beach is subject to continued monitoring every 24 hours until bacteria levels fall to <104 CFU or MPN/loo ml. Advisories last for 24 hours, and are extended if bacteria levels continue to exceed SSMD recommended levels. All samples are collected under a quality assurance project plan (QAPP) consistent with TCEQ bacteria collection and analysis protocols and analyzed for enterococci bacteria using EPA's Method i600 or the IDEXX Enterolert® system. TCEQ is provided with a compilation of all beach data collected and analyzed by GLO under the TBWP. Based on total number of samples for each beach and the number of days each beach is under an advisory, TCEQ assesses each individual year within the multi-year assessment period of record. For all available data, the total number of advisory days is divided by the total number of samples collected. If there are numerous sites monitored at one beach area, only one advisory is counted per beach per day. All impairments identified using this method are categorized as 5a (available data and/or information indicate at least one designated or existing use is not being supported and necessary TMDLs are underway or scheduled) due to human health considerations. TCEQ proposes including the TBWP information in the 303(d)/305(b) assessment process in order to protect human health by identifying beaches with persistent advisories. Assessment would consist of identifying the percentage of days each beach has an advisory. The recreation use is not supported if the geometric mean of the samples collected over the assessment period exceeds the criterion (35 CFU or MPN/loo ml) or if the criteria for individual samples (104 Texas Commission on Environmental Quality 9 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay CFU or MPN/ioo ml) are exceeded greater than 25 percent of the time. TCEQ then categorizes the data according to the following scale; Beach advisories <25% of the time—Fully Supporting Beach advisories 20-25% of the time—Concern and Fully Supporting. Beach advisories < 20% of the time—Delisted and Fully Supporting. Beach advisories >_ 25% of the time—Not Supporting. Summary of TMDLs This section summarizes sections of the Corpus Christi Bay Beaches Bacteria TMDL. Additional background information, including the problem definition, endpoint identification, source analysis, linkages between sources and receiving waters, and seasonal variation can be found in the Corpus Christi Bay Beaches Bacteria TMDL (TCEQ, 2016). Table 1 provides a summary of the water quality inventory assessment data for bacteria in Corpus Christi Bay at Coles and Ropes Parks. Table 1. Water Quality Inventory Assessment Data. Description Segment AU Indicator Bacteria Geometric Mean Criterion (mpn/100mL) Single Sample Maximum Criterion (mpn/100mL) % Single Sample Exceeded Cole Park 2481 2481CB_03 Enterococci 35 104 25 Ropes Park 2481 2481CB_04 Enterococci 35 104 25 Pollutant Sources and Loads Potential Pollutant Sources Pollutants may come from several sources, both point and nonpoint. Point source pollution comes from a single definable point, such as a pipe, and is regulated by permit under the TPDES. Wastewater and stormwater discharges from industries, construction, and municipal separate storm sewer systems are considered point sources of pollution. Nonpoint source (NPS) pollution originates from multiple locations, usually carried into surface waters by rainfall runoff. Nonpoint sources are not regulated by permit. Texas Commission on Environmental Quality 10 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 1. Construction site discharges Mobilized sediment associated with construction sites in the Cole and Ropes Park watershed may be deposited in Corpus Christi Bay via surface runoff or from stormwater runoff. Increased suspended solids in the form of sediment have been correlated to increased bacteria levels in receiving water bodies (Sawyer et al. 2010). 2. Bacteria regrowth Studies have shown biofilm regrowth of enterococci does occur in street gutters and storm drains and are contributors to elevated bacteria levels during surface runoff events (Skinner et al. 2010). 3. Sediment re -suspension Bacteria in natural waters exist in two forms, (1) free-living or (2) attached and adsorbed to sediment particles (Yang, L et al. 2008). Bacteria in bottom sediments can reenter the water column via perturbations that cause sediment resuspension resulting in the reabsorption of bacteria onto the surface of available suspended sediments. Perturbation that can cause sediment resuspension in Corpus Christi Bay at Cole and Ropes Park include wave conditions (i.e. calm conditions resulting in low bacteria levels and rough wave conditions resulting in high levels), stormwater inflow through drain pipes, surface runoff, human recreation, and animals. 4. Dry weather discharges/illicit discharges into and from storm sewers Illicit dry weather flows originate from many sources and may include wastewater, industrial and commercial discharges, cross -connections between stormwater and sanitary sewer systems, irrigation practices from landscaping, illegal dumping, failing septic tanks, and vehicle maintenance activities (i.e. car washing, waste oil). 5. Sanitary Sewer Overflows (SSOs) SSOs are releases of untreated wastewater, including domestic, commercial, and industrial wastewater. They are permit violations that must be addressed by the responsible TPDES permittee. SSOs usually occur as the result of a break, blockage, or exceedance of capacity in the sanitary sewer conveyance system. SSOs have the potential to enter the stormwater conveyance system and may be transported to Corpus Christi Bay. 6. Stormwater Sources Stormwater is regulated by the state and federal government only in areas designated by the EPA as "Urbanized Areas" (UAs) belonging to organizations regulated as Municipal Separate Storm Sewer Systems Texas Commission on Environmental Quality 11 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay (MS4s). Best management practices (BMPs) and participation in existing conservation and cost -share management programs is the most feasible option to control these sources of pollution. Promoting the use of BMPs and expanding participation in management programs in Corpus Christi can help lower bacteria levels in waterways. Promotion of BMPs could also help lower bacteria levels in the Cole and Ropes Parks drainage basins where commercial and residential development has occurred, as the density of pets (dogs and cats) is directly linked to population and urbanization. 7. Animal Sources (Wildlife) Bacteria loads from animal sources (birds, livestock, wildlife, etc.) are identified in the Corpus Christi Bay Beaches TMDL report as nonpoint sources of concern. Failure to properly manage these sources may increase bacterial loads to Corpus Christi Bay in the future. Areas of concern include the potential for bacteria to attach to sediments in stormwater runoff, and animals' direct deposition of fecal waste on the beaches or in the watershed. 8. Domestic Pets The most common domestic pets are dogs and cats; however, there are many other types of animals that are also kept as pets in the Coles and Ropes Park watersheds. There are over 9052 dogs, 10,301 cats and numerous other animals (goats, sheep, rabbits, ponies, etc.) in the CARP watersheds. Pet waste contributes substantial amounts of bacteria to surface waters. Feces left in parks, yards or on sidewalks gets washed off by rain water and carried into storm drains. These storm drains lead directly to Corpus Christi Bay and associated beaches. Water carried through these drains may deposit feces, bacteria and other harmful pollutants into the water where people recreate on the beaches at Coles and Ropes Park. 9. Domestic and Industrial Wastewater Treatment Facilities In most cases, domestic and industrial wastewater treatment facilities may be potential sources of pollutants. In this case, the watershed has been serviced by a municipal sanitary sewer system since the 1940's and all sanitary waste water is conveyed out of the watershed and is not discharged to the beaches. The City of Corpus Christi has no plans to change this system and the limited space within the watershed precludes the possibility that a WWTF will be constructed within the watershed and sanitary wastewater will be discharged to the beaches. Texas Commission on Environmental Quality 12 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Pollutant Load Allocation The TMDL represents the maximum amount of a pollutant that the bay can receive in a single day without exceeding water quality standards. The pollutant load allocations for the selected scenarios were calculated using the following equation: TMDL = EWLA + ELA + MOS Where: E WLA = Sum of waste load allocation, the amount of pollutant allowed by permitted or regulated dischargers E LA = Sum of load allocation, the amount of pollutant allowed by unregulated or unregulated sources MOS = margin of safety The equation is used to allocate loads among different sources of a pollutant. Waste load allocations are determined for point sources. These point sources include permitted stormwater runoff and other point sources. Load allocations for nonpoint sources generally include background loads, upstream loads, any stormwater runoff not subject to permit, on-site sewage facility loads, and other nonpoint sources such as animal deposition and leaking wastewater infrastructure. Allocated loads for all TMDLs covered by this document can be found in Appendix B. The MOS is designed to account for any uncertainty that may arise in specifying water quality control strategies for the complex environmental processes that affect water quality. Quantification of this uncertainty, to the extent possible, is the basis for assigning an MOS. Waste Load Allocation (WLA) The waste load allocation is the sum of loads from regulated sources. WWTFs TPDES-permitted wastewater treatment facilities within the TMDL watershed are allocated a daily waste load (WLAwwrr) based on the full permitted flow of each facility. The TMDL watershed has been serviced by a municipal sanitary sewer system since the 1940's. All sanitary waste water is conveyed out of the watershed and is not discharged to the beaches. The City of Corpus Christi has no plans to change this system and the limited space within the watershed precludes the possibility that a WWTF will be constructed within the watershed and sanitary wastewater will be discharged to the beaches. Because of this the waste load allocation for each impaired beach will be: WLAWWTF = 0 Texas Commission on Environmental Quality 13 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 2. Percentages of Each AU Designated as an Urbanized Area. AU Total watershed area under MS4 (acres) Percentage AU Permitted for Stormwater 2481CB_o3 2041 loo 2481CB_04 7 loo Sub -basins Influencing AU's 2367 100 Total 4415 loo Table 3. MS4 Permittees in Corpus Christi Bay at Coles and Ropes Park. AU Permit Number Permittee AU Feet 2481CB_03 NPDES No. TXS00601; TPDES Permit No. WQ0004200000 City of Corpus Christi 5897 2481CB_04 NPDES No. TXS00601; TPDES Permit No. WQ0004200000 City of Corpus Christi 987 Regulated Stormwater The absence of WWTF discharges limits the TMDL allocations to regulated stormwater (WLAsw) for MS4, industrial, and construction permits, unregulated sources (LA), and the MOS. The WLAsw is calculated by subtracting the MOS and LA from the TMDL: WLAsw = TMDL -MOS - LA The entire watershed for both impaired beaches, or AU, is covered under the City of Corpus Christi's MS4 permit (NPDES No. TXSoo6oi; TPDES Permit No. WQ0004200000). The LA is the result of bacteria loading and fate and transport within the receiving water at the beaches and is estimated by using the watershed loading model created for this TMDL. In urbanized areas currently regulated by an MS4 permit, development and/or re -development of land in urbanized areas must implement the control measures/programs outlined in an approved Stormwater Management Program SWMP. Although additional flow may occur from development or re- development, loading of the pollutant of concern should be controlled and/or reduced through the implementation BMPs as specified in both the National Pollutant Discharge Elimination System (NPDES) or TPDES permit and the SWMP. An iterative, adaptive management approach will be used to address stormwater discharges. This approach encourages the implementation of structural or non- structural controls, implementation of mechanisms to evaluate the performance Texas Commission on Environmental Quality 14 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay of the controls, and finally, allowance to make adjustments (e.g., more stringent controls or specific BMPs) as necessary to protect water quality. Load Allocation (LA) The LA is the sum of loads from unregulated sources. As has been shown in the TMDL, dry weather loading (DWL) is a significant contributor to water quality at both Cole and Ropes Parks. Although the sources of this loading are not well understood, they can be categorized as the non -permitted, non -point source components of the TMDL. As such, dry weather loading represents the LA portion of the TMDL calculation. As shown in the TMDL (Appendix A, Step 5), DWL to the impaired beaches is estimated from the following factors: 1. Area influenced by the DWL, 2. The volume of water in the area of the dry weather load, 3. The median concentration of bacteria in that area, and 4. The decay rate for the bacteria. Allowance for Future Growth (FG) The future growth component addresses the requirement of TMDLs to account for future loadings that may occur as a result of population growth, changes in community infrastructure, and development. Allowance for future growth is not needed for these TMDLs because there are no permitted WWTF discharges to the impaired AUs and there will be none in the future. Total Maximum Daily Load (TMDL) To achieve water quality standards in effect at adoption of this TMDL, the following reduction in loads were calculated for both impaired beaches using the TMDL equation: TMDL = EWLA + ELA + MOS. Cole Park - 248106_03 The TMDL for this segment is estimated at 1.007 x 1012 MPN/day, which is the equivalent of a 95.9% reduction in Enterococcus load from runoff and an overall load reduction of 94.4%. Ropes Park - 2481C13_04 The TMDL for this segment is estimated at 4.345 x 1012, which is the equivalent of a reduction of a 74.o% in load from runoff and an overall load reduction of 73.1%. Texas Commission on Environmental Quality 15 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 4. TMDL Allocation Summary Corpus Christi Bay at Coles and Ropes Parks (in Billions MPN/day.) Segment Name AU Indicator Bacteria TMDL WLAwwr F WLAstor mwater LA MOS Future Growth (FG) Corpus Christi Bay 2481 2481CB_03 Enterococci 1007 0 555 273 179 na Corpus Christi Bay 2481 2481CB_04 4 4 Enterococci 4345 o 3537 1 6 4 662 na Texas Commission on Environmental Quality 16 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Implementation Strategy This voluntary I -Plan documents 33 Management Measures and 6 Control Actions to reduce bacteria levels. Management Measures are voluntary and Control Actions are regulated. Management Measures and Control Actions were selected based on feasibility, costs, support, and timing. Activities should be implemented in phases based on the needs of the stakeholders, availability of funding, and the progress made in improving water quality. The Cole and Ropes Park (CARP) Bacteria Reduction Implementation Plan Committee (CARP Committee) formed 4 work groups that identified 4 broad categories of strategies to address reduction of bacteria levels at CARP beaches: (i) Education and Outreach, (2) Monitoring and Research, (3) Wastewater and Stormwater Infrastructure, and (4) Ordinances and Regulations. Voluntary and regulated activities are recommended within the framework of each strategy, but the CARP Committee recognizes that in order to be effective, activities across several strategies should be implemented simultaneously or in conjunction with each other. Some activities are necessary precursors to others, and the results from some activities will lead to decision making in the planning process for subsequent actions. The CARP Committee has identified Management Measure 3.2: Bacterial Source Tracking as the first priority activity for implementation. Because many of the Management Measures and Control Actions recommended in this I -Plan address specific potential bacterial sources, results from bacterial source tracking will guide the prioritization and implementation of subsequent activities and allow for wise allocation of limited resources throughout the implementation of the I - Plan. Adaptive Implementation All I -Plans are implemented using an adaptive management approach in which measures are periodically assessed for efficiency and effectiveness. This adaptive management approach is one of the most important elements of the I -Plan. The iterative process of evaluation and adjustment ensures continuing progress toward achieving water quality goals, and expresses stakeholder commitment to the process. At annual meetings, TCEQ will direct an appropriate entity to facilitate stakeholders to periodically assess progress using the implementation timeline schedule, interim measurable milestones, water quality data, and the communication plan included in this document. If periodic assessments find that insufficient progress has been made or that implementation activities have not improved water quality, the implementation strategy will be adjusted. Texas Commission on Environmental Quality 17 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Activities and Milestones The Cole and Ropes Park (CARP) Bacteria Reduction Implementation Plan Committee stakeholders and work groups: (i) Education and Outreach, (2) Monitoring and Research, (3) Wastewater and Stormwater Infrastructure, and (4) Ordinances and Regulations, determined appropriate activities and schedules to accomplish the management and control activities in this I -Plan. Collectively, the CARP stakeholder group and work groups held a total of 6i meetings to develop this I -Plan. This I -Plan includes surface water quality monitoring activities to identify unregulated sources of bacteria, technical analysis of Management Measures and Control Activities to predict efficiency of possible Best Management Practices (BMPs), and stakeholder guidance to review possible activities and provide recommendations to the TCEQ for future inclusion in the adopted I -Plan. In addition, the I -Plan outlines potential effective partnerships with local entities to implement the proposed Management Measures and control activities. Each work group developed detailed, consensus -based action plans. The planned implementation activities are described in the following section. Texas Commission on Environmental Quality 18 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measures and Control Actions The Cole and Ropes Park (CARP) Bacteria Reduction I -Plan includes Management Measures and [6] Control Actions. Management Measures (Voluntary Activities) i.o) Education and Outreach 1.1) General Awareness 1.2) Leave It Better Than You Found It 1.3) Pet Waste Disposal 1.4) Prevent Intentional Dumping and Disposal 1.5) Slow the Flow (Low Impact Development) Initiative 2.0) Monitoring 2.1) Continue Sampling Enterococcus Levels at Cole and Ropes Parks 2.2) Collect Rainfall Data Near Cole and Ropes Parks 2.3) Conduct Stormwater Outfall Flow Sampling 3.0) Research 3.1) Evaluate Methods to Remove Bacteria with Green Infrastructure 3.2) Bacterial Source Tracking 3.3) Evaluate the Effectiveness of Public Utility Programs and Projects in Bacteria Reductions 3.4) Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List 3.5) Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing 3.6) Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health 4.o) Wastewater Collection Systems 4.1) Enhance Existing Fats, Oil & Grease (FOG) Program 4.2) Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) 4.3) Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 4.4) Implement an Ongoing Inflow and Infiltration Study [33] Texas Commission on Environmental Quality 19 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 4.5) Conduct Hydraulic Modeling of Collection System 5.0) Stormwater Drainage System 5.1) Determine Effectiveness of Stormwater Retrofits to Remove Bacteria 5.2) Continue the Major Outfall Assessment and Repair Program as Funding Allows 5.3) Support and Encourage the Adoption of Stormwater Master Plan 6.o) Ordinances and Regulations 6.1) Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program 6.2) Commercial Cross -connection Inspection Program 6.3) Commercial Leaking / Broken Sewer Laterals Pilot Inspection/ Testing Program 6.4) Improved Grease Trap Standards 6.5) Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes 6.6) Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 6.7) Install Additional Signage 6.8) Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 6.9) Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties during Periods of Public Health Risks 6.1o) Adopt and Enforce Additional Ordinances 6.11) Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment Control Actions (Regulated Activities) 1. o) Wastewater Collection Systems 1.1) Continue Existing Fats, Oil & Grease (FOG) Program 1.2) Continue Monitoring Sanitary Sewer Overflows (SSOs) 1.3) Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation Texas Commission on Environmental Quality 20 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 2.o) Stormwater Drainage System 2.1) Continue Existing Stormwater Programs 2.2) Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation 3.o) Ordinances and Regulations 3.1) Eliminate Residential Cross -Connections Management Measure 1.0: Education and Outreach Since its frontier beginnings in 1519 and incorporation in 1852, the City of Corpus Christi has always been a pathway to The Americas and is intrinsically linked to its bays, rivers, creeks, estuaries and waterways. The Port of Corpus Christi currently is the sixth largest U.S. port and deepest inshore port on the Gulf of Mexico. To this day these waters play an increasingly important role in the economic stability and success of the City of Corpus Christi. In 2005, it was ranked as the 47th largest in the world by cargo tonnage, principally handling oil and agricultural products. Corpus Christi Bay is also a significant draw for tourism, both on the north shore as well as the downtown recreational areas, particularly around Cole and Ropes Parks beaches. In order to address the issue of excessive bacterial loading at Cole and Ropes Parks beaches, the CARP Committee will need to engage the City of Corpus Christi across all demographic aspects through sustained education and outreach programs that specifically target environmental stewardship, green thinking and cleanliness campaigns. These programs should address the critical aspects of education and outreach. Educational programs need to be created so they adhere to core learning objectives that reinforce knowledge and understanding of environmental stewardship. Outreach programs should be created and adopted to insure full coverage of the diverse demographic and socioeconomic background that the City of Corpus Christi represents. Through enduring City leadership, partnerships need to be established across government, public, business, industry, non-profit organizations, community associations and academic institutions that will strengthen and sustain commitment and involvement for this plan. The Education and Outreach workgroup recommends five implementation activities with associated actions for the CARP implementation plan: 1.1) General Awareness 1.2) Leave It Better Than You Found It 1.3) Pet Waste Disposal 1.4) Prevent Intentional Dumping and Disposal Texas Commission on Environmental Quality 21 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 1.5) Slow the Flow (Low Impact Development) initiative Management Measure 1.1: General Awareness •WHAT: This activity is aimed at creating, implementing and sustaining educational programs within the community that increase awareness of the impact that human actions can have on the quality of local bodies of water. •WHO: City leadership, CBBF, local environmental groups with support from educational institutions (TAMUCC, Delmar, CCISD), Surfrider Foundation - Texas Coastal Bend Chapter, Corpus Christi Convention and Visitors' Bureau, Texas State Aquarium, Corpus Christi Caller Times, KEDT, other media outlets. •WHERE: City of Corpus Christi, focusing on Cole and Ropes parks stormwater outfall drainage area. •GOAL: Improve community understanding of, "Where does the Water Go?", this includes wastewater effluent and stormwater runoff. Provide the community with an "Alert System" when beaches are safe or unsafe for contact recreation. Create an introductory public education campaign about water quality in Corpus Christi Bay. Topics will include, "Where does the Water Go?" related to stormwater drainage and general information about the ways bacteria and other pollutants can enter waterways. Target practices that can ensure clean water and foster a sense of local pride related to quality of local waterways. Produce a series of public service announcements educating the public about water quality in Corpus Christi Bay. The topics should be similar and align with the short-term milestone and strategy goals. Develop community support system (funding, volunteers, partnerships with local organizations) for the sponsoring of water quality improvement projects such as clean-ups in affected stormwater drainage basins, "Beach to Bay Relay Marathon" interpretive signage at Cole and Ropes parks, mobile kiosks to be used at community events such as Earth Day Bay Day and others. •WHEN: Tier 1(i-5 Years). •HOW: Media campaigns in the form of billboards, radio and TV advertising. Develop educational information to be used as City utility bill stuffers and website information. "Bay Walk" interpretive signage, water flow diorama, and other educational materials will be developed. Coordination will be maintained through existing partnerships. •COSTS/SOURCE OF FUNDS: Costs to be determined/ various grant programs and non-profit agencies. Texas Commission on Environmental Quality 22 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): None required. •ACTIONS AND SCHEDULE: Table 5. MM 1.1. General Awareness. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Create Public Education Materials x x x Public Service Announcements (PSA) x x x Public presentations x x x Management Measure 1.2: Leave It Better Than You Found It •WHAT: A specific campaign targeted at reducing litter in the community. Principle focus will be on reducing and discouraging litter from vehicles and by individuals around restaurants, shopping areas, parks, beaches and all other public use spaces. •WHO: Possible partners include Beautify Corpus Christi Association, Coastal Bend Council of Governments, Corpus Christi Convention and Visitors' Bureau, City of Corpus Christi, Coastal Bend Bays Foundation, Coastal Bend Bays and Estuaries Program, TCEQ. •WHERE: Target areas should include all drainage basins which directly affect the Cole and Ropes Parks. •GOAL: Support the "Leave It Better Than You Found It" and "Don't Mess With Texas Water" campaigns and increase community ownership for a clean and healthy City. •WHEN: Tier 1 (1-5 Years). •HOW: Adopt educational programs for all age groups that target anti -litter and environmental awareness. Develop outreach programs to engage local businesses and residents to support and participate in the "Leave It Better Than You Found It" campaign. •COSTS/SOURCE OF FUNDS: Costs to be determined/ various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required Texas Commission on Environmental Quality 23 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 6. MM 1.2. Leave It Better Than You Found It. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Media campaign reinforcing "Leave It Better Than You Found It" x Increase support for GLO Adopt -A -Beach. Create: Adopt - A -Bay, Watershed, etc. x Engage local leaders to address City wide litter problem x Engage local businesses to support clean initiatives and post "Leave It Better Than You Found It" campaign signs x Management Measure 1.3: Pet Waste Disposal •WHAT: Establish coordination with key stakeholders to facilitate the reduction and eventual elimination of improper pet waste disposal. This will be accomplished through the continued installation of pet waste disposal stations as funding is secured, implementation of a public service announcement (PSA) and other education initiatives including utilization of information booths or kiosks at local events. •WHO: City of Corpus Christi with support from CARP, Local Animal Businesses, Local Veterinarian Clinics and Animal Rescue/Adoption Centers, City Parks and Recreation (doggie pool day), other etc. •WHERE: Local businesses and events. Specific locations for pet waste disposal stations as identified and prioritized by City in the drainage basins that impact Cole and Ropes parks. •GOAL: Continue installation of pet waste disposal stations in affected drainage basins as funding is secured. Develop and establish an information booth or table at community events. Distribute educational materials and pet waste disposal kits to pet associated businesses and service providers. Complete dog waste pickup PSA with celebrity endorsement and video. Example - Seattle PSA: http://www.youtube.com/watch?v=jDhl2w-jcfs 2018: Complete implementation activities and continue monitoring education and outreach initiatives. Texas Commission on Environmental Quality 24 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 2020: Strive for l00% compliance with pet waste disposal ordinances. •WHEN: Tier 1 (1-5 Years). •HOW: Install additional pet waste disposal stations as funding is available. Provide educational handout material to residents about pet waste at local events. Create PSA using a local celebrity to engage pet owner population to take responsibility for good water quality in the CARP watershed areas and throughout the community. Technical assistance will be needed with production of a short commercial video to capture essence and vitality, which may be provided by a local TV station or production company. •COSTS/SOURCE OF FUNDS: Various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 7. MM 1.3. Pet Waste Disposal. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Pet waste stations x x x Public service announcement (PSA) x x x Create info booth for local events x Distribute educational materials & kits to pet business and services x x x Management Measure 1.4: Prevent Intentional Dumping and Disposal •WHAT: Establish coordination with key stakeholders to develop education and outreach programs to facilitate the reduction of improper waste disposal and dumping. This strategy is aimed at educating the community on the effects of illegal dumping. Illegal dumping and disposal harms watersheds, habitat and creates unhealthy and unsafe conditions for people that work, live or recreate in impacted areas. Intentional dumping and disposal are illegal and a crime. •WHO: CARP, community partners and stakeholders. •WHERE: Cole and Ropes Park watersheds. Texas Commission on Environmental Quality 25 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: Increase awareness and education on the harm that illegal dumping and disposal causes to our environmental health and economy. A greater understanding of this is necessary so that commercial businesses and the public will begin to take pride in their environment and watersheds. Create an extensive awareness campaign to educate all ages and socioeconomic backgrounds on illegal dumping and disposal. •WHEN: Tier 1 (1-5 Years). •HOW: Establish education and outreach programs targeted towards community involvement with commercial business support to identify and report instances of illegal dumping and disposal. Reference "General Awareness" and "Keep It Clean" strategies (Appendix A). Encourage applicable stakeholders to attend training workshops provided by the Texas Illegal Dumping Resource Center (TIDRC) on illegal dumping regulations and how to address these issues. The training is provided through grants from TCEQ to the Coastal Bend Council of Governments (CBCOG). •COSTS/SOURCE OF FUNDS: Various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 8. MM 1.4. Prevent Intentional Dumping and Disposal. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Sponsor TIDRC workshop in Corpus Christi x x x Hunting and fishing organization education and outreach x x x Coordination with City Solid Waste Department activities x x x Management Measure 1.5: Slow the Flow (Low Impact Development) Initiative •WHAT: Educate and promote Low Impact Development (LID) by focusing on practices that improve environmental conditions and water quality. •WHO: Various professional, non-profit, academic and government organizations, local gardening/landscaping centers and gardeners' community organizations. Texas Commission on Environmental Quality 26 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: Within the City of Corpus Christi •GOAL: Provide training workshop to the design community demonstrating LID techniques and benefits; promote LID on individual properties by demonstrating the benefits through social media and educational presentations upon I -Plan adoption. Incorporate LID techniques into City projects where feasible and funding allows as demonstration projects. •WHEN: Within one year of I -Plan adoption provide training workshop; upon adoption of the I -Plan, begin promoting LID benefits through social media sites; incorporate LID techniques into presentations to adult audiences within one year of I -Plan adoption. •HOW: Using existing materials such as those provided by the Ladybird Johnson Wildflower Center promoting LID, create a half day workshop for design community. •COSTS/SOURCE OF FUNDS: Training workshop for designers and engineers approximately $2500.00, source of funds to be determined. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 9. MM 1.5. Slow the Flow (Low Impact Development) Initiative. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Provide LID workshop for local designers & engineers x Promote benefits of LID though social media x Incorporate LID into presentations x Texas Commission on Environmental Quality 27 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 10. Summary of Management Measure 1.0: Education and Outreach Management Measure: Education and Outreach Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) Education and Outreach 1.1.) General Awareness TBD TBD as funding becomes available Create an introductory public education campaign about water quality in Corpus Christi Bay. Tier 1- (years 1- 5) on going Create Public Education Materials. Public Service Announcements. Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness TBD Produce a series of public service announcements educating the public on water quality in Corpus Christi Bay. Tier 1- (years 1- 5) on going Public Service Announcements. Count: number of classes/outreach. Develop community support system for water quality improvement at Cole and Ropes Park. Tier 1- (years 1- 5) on going Public Presentation Create Public Education Materials. Public Presentations 1.2) Leave It Better than You Found It TBD TBD as funding becomes available Adopt educational programs for all age groups that target anti -litter and environmental awareness. Develop outreach programs to Tier 1- (years 1- 5) on going Track and measure number of citizens reached (all media). Measure hours and individual involvement in community cleanup events. Media campaign reinforcing "Leave It Better Than You Found It". Increase support for TGLO Adopt- A -Beach. Create: Adopt -A -Bay, Watershed, etc. Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness TBD Texas Commission on Environmental Quality 28 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) engage local businesses and residents to support and participate in the "Leave It Better than You Found Measure number of businesses supporting "Leave It Better than You Found Engage local leaders to address City wide litter problems. It" campaign. It" campaign initiatives and increase or adjust outreach campaign goals and targets. Engage local businesses to support clean initiatives and post "Leave It Better than you Found It" campaign signs. 1.3) Pet Waste TBD TBD as funding Distribute Tier 1- (years 1- Continue Count number of Track public TBD Disposal becomes educational 5) installation of pet waste presentations available material and pet waste disposal kits to pet associated businesses and service providers. Pet Waste disposal stations in Cole and Ropes Park drainage basins. Develop and establish an information booth or table at community events. Complete dog waste pickup stations installed and count number of bags used. Survey the public for the effectiveness of public service announcements and informational booths at local events. and PSA's given and number of attendees and conduct surveys on their effectiveness PSA with celebrity endorsement and video (Tier 3). For PSA and informational booths track times aired or used at events Texas Commission on Environmental Quality 29 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) 1.4) Prevent TBD TBD as funding Establish Tier 1. Track attendance Sponsor TIDRC Track public TBD Intentional becomes education and at TIDRC events. workshops in presentations Dumping and available outreach Workshops will Corpus Christi and PSA's given Disposal programs be provided Track attendance on an annual and number of targeted towards community involvement i.e. annually. Coordination at education and outreach events. basis. Sponsor hunting attendees and conduct surveys on their "General Awareness" and "Keep It Clean" strategies. with the City Sold Waste Department will be conducted quarterly. Track number of meetings stakeholders attend with solid waste advisory boards/ committees. and fishing organization education and outreach. Coordination with City Sold Waste effectiveness Provide training and workshops provided by the Texas Illegal Dumping Department activities. Resource Center (TIDRC) on Illegal dumping regulations. 1.5) Slow the TBD TBD as funding Provide training Tier 1. Survey Provide low Track public TBD Flow (Low becomes workshops to participants to impact presentations Impact available promote low determine low development and PSA's given Development) impact impact workshops for and number of Initiative development initiatives. development support and survey for positive feedback from social media sites. local designers and engineers. Promote benefits of low impact development through social media. attendees and conduct surveys on their effectiveness Incorporate LID into presentations. Texas Commission on Environmental Quality 30 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 2.0: Monitoring In order to assess progress towards reducing bacterial loading at Cole and Ropes Parks beaches, the CARP Committee will need to evaluate the results of monitoring on a regular basis. Evaluation of monitoring results will be used to identify potential changes that could improve effectiveness of the I -Plan. Monitoring and annual evaluation will determine if the I -Plan or any of its parts are complete, must address a longer time frame, or require revision. Every five years, as resources are available and with stakeholder participation, a more in- depth evaluation will be completed. Two types of monitoring are proposed: i) Bacteria baseline (pre -event) water quality monitoring 2) Stormwater event (during/post-event) rainfall and flow of water quality monitoring These monitoring measures will form the basis for potential research projects related to understanding the causes, sources, and solutions to high bacteria levels at Cole and Ropes Park beaches. Conclusions derived from post -implementation water quality monitoring data will be an important indicator of whether implementation activities are resulting in the desired reduction of bacteria loading. The results of this research will provide essential information to determine strategic modifications to management actions and control measures outlined in this plan. Management Measure 2.1: Continue Sampling Enterococcus Levels at Cole and Ropes Parks The purpose of this Management Measure is to identify improvements or degradation of bacteria levels at these beaches and help in meeting the TCEQ standard. Current program for sampling is the Texas Beach Watch Program that is administered by the Texas General Land Office and funded through the U.S. Environmental Protection Agency. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National Beaches Environmental Assessment, Closure, and Health (BEACH) Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. The GLO Office secured Texas Commission on Environmental Quality 31 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay and allocated Texas Coastal Management Program (CMP) funds for water quality monitoring at beaches in six counties along the Texas coast. The project is the Texas Beach Watch Program. •WHO: For Nueces, Aransas, and San Patricio counties, the current grant is administered by the laboratory at the Corpus Christi-Nueces County Public Health District. •WHERE: Samples are taken at 52 sites along the coast in San Patricio, Nueces, and Aransas counties. Four sites are located at Cole Park and two at Ropes Park. •GOAL: The goal of this water quality monitoring project is to provide the public with information about water quality at recreational beaches. •WHEN: Water samples are collected weekly during the beach season (currently May -September) and biweekly during the off-season (October -April). Samples at Cole and Ropes Parks are currently being collected on Tuesdays. •HOW: This project involves the collection and testing of water quality samples for the presence of Enterococcus bacteria and compared to EPA's recommended Single Sample Maximum Density (SSMD) criteria of 104 colony forming units (cfu)/ioo ml. If sample results exceed EPA's recommended criteria, the GLO will notify local government representatives immediately and the required signs warning of elevated bacteria levels will be posted at the affected beaches. In addition, bacteria levels for each sample are posted in real time on the Texas Beach Watch Program's public Internet site at www.TexasBeachWatch.com. •COSTS/SOURCE OF FUNDS: EPA •RESPONSIBLE ORGANIZATION(S): The local Beach Watch grant was awarded to Nueces County and operated by the Corpus Christi-Nueces County Public Health District. Local government representatives make the necessary beach notifications upon receipt utilizing the provided signage. •ACTIONS AND SCHEDULE: Table 11. MM 2.1. Continue sampling Enterococcus levels at Cole and Ropes Parks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Texas Beach Watch Sampling x x x Texas Commission on Environmental Quality 32 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 2.2: Collect Rainfall Data Near Cole and Ropes Parks •WHAT: The main sources of bacteria at Cole and Ropes Parks beaches may be coming from non -point source runoff. The non -point source runoff may be (1) from stormwater flowing into the stormwater collection system and through the pipes into Corpus Christi Bay, (2) surface runoff from the land that flows directly into Corpus Christi Bay, or (3) a combination of both (TMDL 2016). Collecting accurate rainfall data within the Cole and Ropes Parks stormwater basins and in close proximity to stormwater outfalls in Corpus Christi Bay may provide better information to determine the relationship between stormwater flows and bacteria exceedances at these beaches. •WHO: The CARP envisions a cooperative effort including the City, local universities, residents, and local research and data collections organizations (e.g. Center for Coastal Studies, Coastal Bend Bays and Estuaries Program and others to be determined). •WHERE: Three major stormwater drainage channels should be the focus for this monitoring effort: Louisiana Parkway, Brawner Parkway, and Carmel Parkway. Real-time rain gauges should be installed at residences centrally located along these drainage channels. •GOAL: To develop a long term time series of rainfall information at Cole and Ropes Parks. Data should be made available for use by researchers to correlate rainfall levels with stormwater pipe flow and Enterococcus levels, to determine the effect of varying amounts of rainfall with bacteria development in the bay. Stormwater flow methodology will be decided prior to project development. There are, however, many factors that affect bacteria development and growth. •WHEN: Planning and implementation on a smaller sub -basin within the CARP drainage basin to begin in Tier 1, continuing through the life of the I -Plan. •HOW: Methods of data collection could include Doppler radar data analysis, conventional rain gauges, and weather stations. Specific implementation proposals should be developed by entities such as those listed in "WHO" section above or other as appropriate. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. •RESPONSIBLE ORGANIZATION(S): None required Texas Commission on Environmental Quality 33 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 12. MM 2.2. Collecting Rainfall Data Near Cole and Ropes Parks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and implementation in smaller pilot project area x Data Management and Maintenance x x x Management Measure 2.3: Conduct Stormwater Outfall Flow Sampling •WHAT: The main sources of bacteria at Cole and Ropes Parks beaches may be corning from non -point source runoff. The non -point source runoff may be (1) from stormwater flowing into the stormwater collection system and through the pipes into Corpus Christi Bay, (2) surface runoff from the land that flows into Corpus Christi Bay, or (3) a combination of both (TMDL 2016). Measuring flow within the main stormwater pipes and correlating the flows with bacteria levels in the bay might give the CARP Committee better information to help develop timely public safety notifications at these beaches. Additionally, along with rainfall data, stormwater flow data may be useful to better understand the causes and sources of high bacteria levels at Cole and Ropes Parks, and for implementing strategies to ultimately prevent further water quality degradation. Data collected may also be used to help measure success of Management Measures and Control Actions proposed elsewhere in the I -Plan. •WHO: The CARP Committee envisions a cooperative effort including the City, local universities, residents, and local research and data collection organizations (i.e. Center for Coastal Studies, Coastal Bend Bays and Estuaries Program and others to be determined). •WHERE: The CARP Committee suggests a pilot project be installed within a smaller sub -basin of the study area first, and then expanded to the Louisiana and Brawner Parkway basins. •GOAL: To collect stormwater flow data in order to correlate stormwater pipe flow in cubic feet per second (cfs) with Enterococcus levels (cfu) to see if there are any significant relationships. Ultimately, if a correlation is found, flow in the stormwater system could be used as a proxy for alerting the public when to avoid the water at Cole and Ropes Parks. Texas Commission on Environmental Quality 34 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHEN: Planning and implementation within a pilot area could start upon approval of the I -Plan and should be completed within Tier 1; evaluation of the pilot project and application of methods the larger area should begin within Tier 1 to begin implementation in Tier 2. Data collection should continue throughout the life of the I -Plan. •HOW: Methods of data collection could include in -pipe laser flow meters, Parshall Flumes, automated water flow meters, and other flow data collection technology. Specific implementation proposals should be developed by entities such as those listed in "WHO" section above or other as appropriate. The influence of flow within the stormwater system should be taken into account regardless of method of flow data collection. Detailed models of the effect of tides on water levels through Corpus Christi Bay are available, and should be used in conjunction with stormwater flow data to determine non -tidal portion of flow within the system. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. Some equipment for this purpose could be borrowed from the Center for Coastal Studies at no cost. •RESPONSIBLE ORGANIZATION(S): To be determined •ACTIONS AND SCHEDULE: Table 13. MM 2.3. Conduct Stormwater Outfall Flow Sampling. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and Implementation of Pilot Project x Planning for entire Cole and Ropes Parks basins x Project Implementation for Entire Cole and Ropes Parks Basins x x Data Management and Maintenance x x x Texas Commission on Environmental Quality 35 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 14. Summary of Management Measure 2.0: Monitoring Management Measure: Monitoring Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Monitoring 2.1) Continue Sampling Enterococcus Levels at Cole and Ropes Parks TBD Grants administered by the laboratory at the Corpus Christi-Nueces County Public Health District. Provide the public with information about water quality at recreational beaches. Tier 1 (1-5 years). Number of samples collected. Continue current Texas Beach Watch Sampling Program. Continue bacterial monitoring at Cole and Ropes Park. EPA and TGLO 2.2) Collect Rainfall Data Near Cole and Ropes Parks TBD Will vary depending on data collection methods, funding sources, and responsible parties. Public Service Announcements and create public education material. Tier 1 (1-5 years)- ongoing. Develop a database with rainfall and bacteria data. Planning and implementation of rainfall collection program in a small pilot project area to begin with and then expand. Data Management and Maintenance. Collect accurate rainfall data in close proximity to stormwater outfalls/ drainage areas to provide better information on the relationship between bacteria exceedances and stormwater flows. TCEQ Texas Commission on Environmental Quality 36 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 37 Peer Review Draft, Month, Day, Year Technical and Financial Interim, Management Potential Load Assistance Education Schedule of Measurable Indicators of Monitoring Responsible Measure Reduction Needed Component Implementation Milestones Progress Component Entity 2.3) Conduct TBD TBD Use data to alert Tier 1 (1-5 years). Non -tidal flow Data is being Collect TBD Stormwater public when data time series collected and stormwater flow Outfall Flow bacteria levels After pilot project developed. reported (i.e. data in a pilot Sampling may be high at Cole and Ropes Park. plan and implement program for entire Cole and Ropes Parks basins. weekly, monthly, quarterly) Data management and maintenance project area within Cole and Ropes Parks. Texas Commission on Environmental Quality 37 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 3.0: Research Bacteria levels at Cole and Ropes Parks (CARP) beaches are a concern for our area, as reflected in the TMDL studies this I -Plan addresses. The TMDL study provides a general description of the extent and character of bacteria exceedances in the CARP area. Alone, however, this is not a sufficient basis for determining the most cost-effective courses of action to achieve contact recreation standards at these two beaches. This will undoubtedly be a dynamic process where we continually expand our knowledge of the sources and effects of bacteria at these beaches and where various management approaches are tested and refined. This section identifies potential research topics that will be critical to this undertaking. These topics are pertinent to the entire Corpus Christi Bay area, and are intended to be implemented as resources become available. Research would be conducted using appropriate methodology and quality assurance that have been developed in consultation with TCEQ and EPA. A variety of funding sources should be pursued, with a wide spectrum of partners. It is unlikely that any one local entity will find it feasible to conduct this research alone. Given the large-scale character of the undertakings, entities should look to coordinate efforts with the various academic institutions in the area, federal and state agencies like the EPA, Texas Department of State Health Services, water and environmental research groups, and similar potential partners. A shared project, the result of an inter -local agreement or similar instrument, may allow local entities to feasibly investigate these issues. Parts of, or entire projects described below could be undertaken by graduate students or researchers at local universities and research institutions. Results of the following projects are intended to be used for evaluation of the effectiveness of current and future I - Plan Management Measures and Control Actions, as well as other measures currently being undertaken by the City and other entities to reduce bacteria loading in Corpus Christi Bay. Because the results of the following research project will be instrumental in the "adaptive -management" nature of this I -Plan, all research activities should begin implementation as soon as possible in Tier 1. Results should be shared with the CARP to be integrated into I -Plan revisions at the five-year review. The applicability of this section for academic researchers' and graduate students' research projects should not be overlooked. The I -Plan's stakeholders identified six priority research topics which are listed below: Texas Commission on Environmental Quality 38 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 3.1: Evaluate Methods to Remove Bacteria with Green Infrastructure •WHAT: Green infrastructure is an approach that communities can choose to maintain healthy waters, provide multiple environmental benefits and support sustainable communities. Unlike single -purpose gray stormwater infrastructure, which uses pipes to dispose of rainwater, green infrastructure uses vegetation and soil to manage rainwater where it falls. By weaving natural processes into the built environment, green infrastructure provides not only stormwater management, but also flood mitigation, air quality management, bay debris management, and much more. A green infrastructure feasibility study should be completed for Cole and Ropes Parks to determine the impact of bacteria load reduction at these beaches. Alternatives could include large and small scale options from greenway redesign to rain gardens and rain water harvesting by residents in single family homes. •WHO: The City of Corpus Christi is the owner of the stormwater pipes, Cole and Ropes Parks, Louisiana Parkway, Brawner Parkway, and should lead the effort for initiating a green infrastructure feasibility study within these areas. An engineering firm familiar with green infrastructure planning should be hired to conduct the feasibility study. •WHERE: A feasibility study looking at implementing green infrastructure could be completed for the area surrounding Cole and Ropes Parks, including at the major outfalls contributing flows at these beaches. Upstream areas (Louisiana and Brawner Parkways) and possibly Brawner Parkway should also be included in the study, as well as any small scale modifications and other viable concepts. •GOAL: Complete a feasibility study in the Cole and Ropes Parks drainage basins to implement green infrastructure concepts to reduce bacteria loading at the beaches. Ultimately, if the study indicates to be cost-effective and significant reduction in bacteria loads can be achieved through green infrastructure, then the activities may be pursued for full construction implementation at appropriate measures. •WHEN: A feasibility study could be initiated and completed in Tier 1. •HOW: Steps involved in this study could include the City of Corpus Christi working with a contractor or researcher familiar with implementing green infrastructure projects to conduct a feasibility study for Cole and Ropes Parks, with the main goal of determining whether green infrastructure could be effective at reducing bacteria loads at these beaches. The researcher should develop a list of alternatives that could be implemented with an estimated percentage of bacteria load reduction for each alternative and a cost associated with each. The Texas Commission on Environmental Quality 39 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay CARP Committee could suggest next steps to the City staff and council based on results from the feasibility study. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 15. MM 3.1. Evaluate Methods to Remove Bacteria with Green Infrastructure. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Initiate Feasibility Study x Develop Recommendations x at completion of study Management Measure 3.2: Bacterial Source Tracking •WHAT: Further evaluate bacteria sources, persistence, and re -growth. To fully comprehend the extent of contributions to bacterial loading at these beaches and to focus future management actions targeting the largest sources of bacteria, studies could use bacteria source tracking as a way to identify sources within the CARP area. •WHO: Personnel will collect the samples and ship them to an approved Research and Testing Laboratory. •WHERE: Sample the six TBWP sites pre and post rain events. •GOAL: The goal of the study is to characterize the microbiome of the bay water at the Cole and Ropes Parks locations and then compare the original samples with samples collected after rain run-off to determine the biota of the organisms and origin of the increased bacterial load. Results from this study will guide implementation of subsequent bacteria reduction efforts. •WHEN: Before a rain event and immediately post rain event. To be implemented immediately upon approval of the I -Plan pending funding availability; Tier 1. •HOW: With use of the latest technology. To be determined. •COSTS/SOURCE OF FUNDS: Funding is to be determined. Texas Commission on Environmental Quality 40 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 16. MM 3.2. Bacterial Source Tracking. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Sample collection; pre -rain event x Sample collection; post -rain event x Management Measure 3.3: Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions •WHAT: Evaluation of the effectiveness of current and future public utility programs and projects in the planning area will help demonstrate the relative success of different management practices. This effort would draw from current and proposed activities undertaken by the City of Corpus Christi's Phase 1 MS4 permit. The effectiveness studies would include both structural measures and behavioral measures. Structural measures might be based on both traditional drainage engineering, such as specifications for stormwater outfalls; and sustainable infrastructure design methodologies, such as Green Infrastructure and Low Impact Development. Behavioral measures might include, scope and impact of public outreach, public reporting of illicit discharges, and other efforts aimed at changing behaviors. The data collected and the results from the comparative evaluations should be made available to all stakeholders. •WHO: Researchers and/or consultants. •WHERE: Within the watersheds of Cole Park, Ropes Park, and Brawner Parkway. •GOAL: To identify the effects of City programs on bacteria levels in the watershed: Which City programs are the most and least effective in improving water quality? •WHEN: Tier 2. •HOW: Record effectiveness of current stormwater programs and future projects being implemented by using a list of success criteria for both structural and behavioral measures. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. Texas Commission on Environmental Quality 41 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 17. MM 3.3. Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Evaluate program and project effectiveness through monitoring x Management Measure 3.4: Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303(d) List Elevated bacteria levels at Cole and Ropes Parks during certain times of the year (i.e. after rainfall events, etc.) pose a health risk to recreational users. For regulatory use, a better methodology to justify the listing of these beaches on the 3o3(d) list should be considered rather than the current process of 25% of days sampled. This Management Measure will provide two alternative methods for analyzing data other than what is currently being implemented and should provide better justification with regards to regulatory scrutiny. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National BEACH Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. For regulatory purposes, (i.e. listing on the 3o3(d) list) the current sampling regime is biased towards having higher days of elevated bacteria due to the continuous return of daily sampling after bacteria levels are elevated until levels have decreased below the threshold. For public safety this is a good sampling method, but for listing beaches on the 3o3(d) list it is insufficient. There are a couple of ways to address this: i) more sampling to account for "good" days when bacteria levels are below the criteria or 2) count the series of sampling days in row as an event, rather than separate days sampled. This would depict a more accurate data set of high vs. low bacteria levels based on the current sampling methodology. •WHO: Cole and Ropes Parks Coordination Committee Texas Commission on Environmental Quality 42 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: State-wide •GOAL: The goal is to improve and standardize listing methodology for regulatory justification in listing beaches on the 3o3(d) list. •WHEN: Tier 1 upon approval of the I -Plan. •HOW: The CARP will request a review of statistical merit to the current data analysis process of Texas Beach Watch Data for listing beaches on the 3o3(d) list. Amendments to the way the TCEQ evaluates the listing of 3o3(d) beaches based on TBWP data would need to be discussed and approved by both TCEQ and the EPA. This change would affect the entire state of Texas and not just Cole and Ropes Parks. •COSTS/SOURCE OF FUNDS: Technical and legal assistance may be required. Funding to be determined •RESPONSIBLE ORGANIZATION(S): EPA, TCEQ, GLO, City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 18. MM 3.4. Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Change data review methodology for regulatory purposes X Management Measure 3.5: Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the Use of Dye Testing Water flow patterns within Corpus Christi Bay may have a significant effect on the bacterial occurrence at Ropes and Cole Parks. Stormwater loading from the Brawner and Louisiana Parkway outfalls may be the largest contributors of bacteria to Corpus Christi Bay due to watershed size and geographic extent, and location and size of their ultimate outfalls. •WHAT: Rhodamine dyes have been used over the years in water flow and particle research. By placing probes that can detect this dye north of the Brawner drainage outfalls and adding this dye to the Brawner Parkway drainage system prior to rain events. •WHO: Texas A&M University -Corpus Christi has several departments and divisions with researchers that have equipment and expertise to conduct a water flow study using dye methods. Texas Commission on Environmental Quality 43 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: Two to four areas between Brawner Parkway outfall and Ropes Park. •GOAL: The goal is to understand the impact of the Brawner Parkway outfall discharges at Ropes Park on bacteria levels and ultimately focus resources toward the area of most influence. •WHEN: Ideally, the dye testing could be conducted during or immediately following several rain events within the study area. The data required to establish a correlation between the Brawner discharges and the sampling taken at Ropes Park should determine the spatial and temporal criteria. •HOW: Research contractors would develop a monitoring regime that should be able to discern whether the large outfalls have a direct impact on the sampling conducted at Ropes Park. Two to four probes could be placed within the study area until data could be collected from rain events. These may need to be moved at various times to provide a better picture of the water flow. •COSTS/SOURCE OF FUNDS: Since there is not an abundance of public or private funds, grant funding would be required. A project through the Coastal Bend Bays & Estuaries Program (CBBEP) or CMP could be applied for to fund the research conducted by an appropriate group from TAMUCC. Purchase and install two to four probes that can be used with Rhodamine dye (approximately $3.7K each), Collect data and move probes as needed to develop a good concept of water flow during rain events ($ioK), develop report with conclusions on impact of Brawner drainage outfall on GLO sampling locations at Ropes Park. Total cost is estimated at $32K for the entire project. •RESPONSIBLE ORGANIZATION(S): Dependent upon the organization that conducts this study and if the grant or project funding requires approval of a QAPP or similar plan. •ACTIONS AND SCHEDULE: Table 19. MM 3.5. Identify water flow patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of dye testing. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and Implementation of Dye Testing Procedure X Management Measure 3.6: Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health Elevated bacteria levels at Cole and Ropes Parks during certain times of the year (i.e. after rainfall events, etc.) pose a health risk to recreational users. The public Texas Commission on Environmental Quality 44 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay health issue that needs to be addressed is the time of week the beaches are sampled for public health safety. Sampling of Cole and Ropes Parks needs to occur closer to the weekend when the public will be using these beaches, rather than on a Tuesday as is the current sampling protocol. This will help ensure public safety. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National BEACH Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. The Texas Beach Watch Program currently samples Cole and Ropes Parks beaches on Tuesday, when public use of these beaches is likely the lowest. Changing the sampling of these beaches closer to the weekend (i.e. Thursday or Friday) when the public is more likely to be utilizing these areas would ensure more timely notification of elevated bacteria levels to the public. •WHO: For Cole and Ropes Parks, the Texas Beach Watch Program is administered by the laboratory at the Corpus Christi-Nueces County Public Health District (CCNCPHD). The GLO would need to agree to changing sampling days closer to the weekend for these beaches. •WHERE: Four sites are located at Cole Park and two at Ropes Park. •GOAL: The goal is to provide the public with better timed information about water quality at the recreational beaches of Cole and Ropes Parks. •WHEN: Water samples are collected weekly during the beach season (currently May -September) and biweekly during the off-season (October -April). Samples at Cole and Ropes Parks beaches are currently being collected on Tuesday. Change the sampling days to Thursday or Friday. •HOW: For Cole and Ropes Parks, the Texas Beach Watch Program is administered by the laboratory at the CCNCPHD. The GLO would need to agree to changing sampling days closer to the weekend for these beaches. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. If collection days were changed to Thursday, then the results would be out on Friday and would reflect the levels on Thursday and may better reflect weekend values unless it rained after Thursday collection. This is important only after an accurate analysis is conducted and documented that the primary contact recreational users increase on weekends to a level for that site to remain as a primary recreational water site. Texas Commission on Environmental Quality 45 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): The local Beach Watch grant was awarded to Nueces County and operated by the Corpus Christi-Nueces County Public Health District. Local government representatives make the necessary beach notifications upon receipt utilizing the provided signage. •ACTIONS AND SCHEDULE: Table 20. MM 3.6. Change sampling date of current TX Beach Watch Program to be more protective of public health. Implementation timeline schedule. Actions Texas Beach Watch sampling day change Tier 1 x Tier 2 Tier 3 Texas Commission on Environmental Quality 46 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 21. Summary of Management Measure Research Management Measure: Research Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Research 3.1) Evaluate Methods to Remove Bacteria with Green Infrastructure TBD TBD Provide public with activities they can implement at home to reduce bacteria. Tier 1 (1-5 Years). After study is complete CARP will recommend green infrastructure alternatives to City. City will implement green infrastructure within the City. Initiate Feasibility Study Develop Recommendations No monitoring Modeling exercise City of Corpus Christi, CARP 3.2) Bacterial Source Tracking TBD TBD Provide public with sources of bacteria and information on they can help reduce bacteria Tier 1 (1-5) Years) Utilize results to identify possible contamination sources. Identify the microbiome of bay water samples. Use identified source tracking methods to evaluate sources of bacteria TBD Texas Commission on Environmental Quality 47 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 3.3) Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions TBD TBD Notify public of successful programs the City is implementing. Tier 1-2 (1 -lo Years). Measure the effectiveness of program and project and modify management practices and projects to improve effectiveness. Evaluate program and project effectiveness through monitoring. Gather pertinent information on activities for programs that could help reduce bacteria. City of Corpus Christi, 3.4) Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List TBD EPA Notify public of methods for evaluating beaches water quality. Tier 1-2 (1-10 Years). Date review changed. Fewer beaches and water bodies listed for bacteria on the 303d list due to more accurate characterization of conditions of water body. Change data review methodology for regulatory purposes. Review data analyzing method for better justification for characterizing beach water quality. TCEQ, EPA, CARP 3.5) Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing TBD TBD Show visual maps of where water flows along the beach, especially after rain events. Tier 1(1-5 Years). Identify focus for future action by City if Brawner outfall can be shown to have large influence on Ropes Park sampling. Identification of water flow patterns. Implement dye testing during rain events and monitor flow. TBD Texas Commission on Environmental Quality 48 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 49 Peer Review Draft, Month, Day, Year Technical and Management Potential Load Financial Assistance Education Schedule of Interim, Measurable Indicators of Monitoring Responsible Measure Reduction Needed Component Implementation Milestones Progress Component Entity 3.6) Change Sampling TBD TBD Already Tier 1 (1-5 Sampling days Texas Beach None City of Corpus Date of Current Texas incorporated Years) changed so Watch sampling Christi, Texas Beach Watch Program to be More Protective of Public Health into the TBWP which is the TBWP website notifications are more protective on weekends. day change. Beach Watch Program and Corpus Christi Nueces County Public Health District Texas Commission on Environmental Quality 49 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 4.0: Wastewater Collection Systems Sanitary sewers can fail to function properly due to blockages, line breaks, defects that allow stormwater and groundwater to overload the system, lapses in operation and maintenance, inadequate design and construction, power failures, deferred replacement, and vandalism. The EPA has concluded that sanitary sewer overflows (SSOs) contribute to bacteria loading in almost all impaired streams, but may or may not be a primary source of loading. EPA acknowledges that SSO data is difficult to assess. In general, implementation actions consist of encouraging improvements to sanitary sewers through hydraulic modeling and completing an inflow and infiltration study; reducing the amount of fats, oils, and grease entering the system; continuing sanitary sewer line cleaning; and reporting of SSOs to the TCEQ. These reports are public information and are available from the TCEQ. Management Measure 4.1: Enhance Existing Fats, Oil & Grease Program Fats, oil, and grease (FOG) are considered to be a leading cause of blockages in sanitary sewers, and the EPA estimates that blockages account for nearly 5o percent of all SSOs nationwide. This Management Measure enables the City of Corpus Christi to determine the proper size and design for grease interceptors, to inspect traps regularly, and to require grease interceptors be effectively maintained by businesses. •WHAT: Almost all of the City's Food Service Establishments (FSE) are required to have a grease interceptor and this is initially enforced by Development Services through the building permit process. Thereafter, FSEs are inspected annually by the City's Pretreatment staff. Inspections include reviewing manifests for grease interceptor cleaning frequency and analyzing Hexane Extractible Material (HEM) levels, which cannot exceed 20o mg/1. The hexane solvent methodology is used to measure total oils and grease. A Notice of Violation is sent to FSEs where exceedance is observed, with a requirement to increase the interceptor cleaning frequency. Continued exceedances may result in a requirement for a larger or more effective interceptor. On inserts included in City utility bills, at Earth Day Bay Day and similar events throughout the City, residents receive information on problems associated with disposing of grease down drains and are advised to avoid this practice. The City provides fat trapper containers and bags at no charge to attendees at public events. Texas Commission on Environmental Quality 50 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHO: City of Corpus Christi Public Utilities, Corpus Christi- Nueces County Health Department, Food Service Establishments (FSE Program). •WHERE: All FSEs in the Cole and Ropes Parks contributing drainage areas. •GOAL: Reduce or eliminate SSOs resulting from blockages caused by FOG through monitoring and enforcement of the City's ordinances prohibiting grease input into the wastewater collection system •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Through continuing efforts in the City's FOG program, enhanced by increased enforcement. •COSTS/SOURCE OF FUNDS: Approximately $400,000 annually, in the range of Public Utilities operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Public Utilities Department •ACTIONS AND SCHEDULE: Table 22. MM 4.1. Enhance existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Food Service HEM Monitoring x x x Continue Food Service Grease Interceptor Maintenance Enforcement x x x Management Measure 4.2: Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) •WHAT: All SSOs are reported by the City's Public Utilities Department to the TCEQ. It is City policy that all reported overflows are repaired or addressed. The intent of this Control Action is to continue the SSO reporting and notification by the City of Corpus Christi to TCEQ. Other interested groups could be included in the future. •WHO: The City of Corpus Christi Public Utilities Department •WHERE: The main priority area would be within the Cole and Ropes Park drainage basin and include Brawner Parkway drainage basin. •GOAL: Continue reporting of SSOs. Texas Commission on Environmental Quality 51 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHEN: Implementation beginning in Tier 1 and ongoing. •HOW: Continue reporting SSOs as is currently being done to date. •COSTS/SOURCE OF FUNDS: The costs associated with SSO reporting to the TCEQ by the City are included in the Public Utilities Department's annual operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated TPDES permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 23. MM 4.2. Continue and Expand the Notification System for Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue SSO Reporting x x x Management Measure 4.3: Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi has an on-going program of cleaning and televised inspecting its wastewater collection system. This is part of the Wastewater Department's maintenance and operation plan for improved performance. Through cleaning and televising, the City can optimize repairs/rehabilitation efforts to meet TCEQ permit requirements. In addition to continuing this program, the CARP Committee recommends developing additional monitoring techniques that may be more accurate or cost effective such as smoke detection. •WHAT: Maintenance of lines is a Public Utilities Department function to assure improved performance to its 83,000 customers who depend on this service every day. •WHO: The Public Utilities Department, along with competitively bid contracts, provides the forces to maintain the City's collection system. Additional projects (e.g. such as a smoke detection pilot project) could be undertaken by research entities such as graduate students or local environmental groups. •WHERE: Annually, the Public Utilities Department assesses areas of the City to determine need for improved maintenance and repairs. Areas needing replacement are placed on the Capital Improvements Program (CIP) plan for bid Texas Commission on Environmental Quality 52 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay solicitation. Also, database reviews occur to resolve problematic areas in the system. Pilot projects or expansion of the current program should be focused on the Cole and Ropes Parks drainage basins. •GOAL: Prevent overflows and increase system capacity. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Generally, through cleaning and closed circuit televising (CCTV), smoke detection surveys, and customer complaints of affected areas, resolution of problems and improvements of the systems are accomplished. •COSTS/SOURCE OF FUNDS: Corpus Christi Public Utilities Department. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. •ACTIONS AND SCHEDULE: Table 24. MM 4.3. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Customer Response x x x Review Funding for Line Cleaning x x x Increase Funding for Smoke Testing x x x Management Measure 4.4: Implement an Ongoing Inflow and Infiltration Study The City of Corpus Christi has an on-going City—wide flow monitoring program to prioritize ranking of sub -basins based on various factors such as Rainfall Dependent Inflow/Infiltration (RDII), SSOs, and maintenance history. The monitoring program is intended to address issues which may cause a negative impact on human health and safety or the environment. The City is further developing a program to determine needed wastewater infrastructure modifications/improvements to ensure adequate collection system conveyance capacity. •WHAT: Rainfall Distribution analysis and recorded wet weather flow data, the gallons of RDII and other variables will establish the magnitude of wet weather inflow in order to prioritize sub -basins for future testing and rehabilitation. Texas Commission on Environmental Quality 53 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHO: The Public Utilities Department, along with competitively bid contract services, provides the forces to maintain the City's collection system. •WHERE: All areas of the City to determine need for improved maintenance and repairs. •GOAL: Development of long-term Infiltration/Inflow (I/I) program to find and fix system defects. •WHEN: The I/I study is part of the CMOM (Capacity Assurance, Management, Operation and Maintenance) self -audit, following EPA guidance criteria, an ongoing SSO initiative project. It will precede and be incorporated into the hydraulic modeling project. •HOW: I/I studies will be conducted by the City. •COSTS/SOURCE OF FUNDS: Funding for the I/I studies will be provided by the City. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated TPDES permitting authority under Texas CWA; USEPA, NPDES program, implementing the federal CWA; state and federal Solid Waste Acts to regulate wastewater collection, treatment, and disposal. •ACTIONS AND SCHEDULE: Table 25. MM 4.4. Implement an Ongoing Inflow and Infiltration Study. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Identify Flow Monitoring Site Locations x x x Conduct Flow Monitoring x x x Data Collection and Analysis x x x Management Measure 4.5: Conduct Hydraulic Modeling of Collection System The City of Corpus Christi has an on-going Capacity Assurance, Management, Operation and Maintenance (CMOM- a self -audit process developed and recommended for use by the EPA) program to address issues which may cause a negative impact on human health and safety or the environment and is developing a comprehensive City—wide hydraulic model of the wastewater collection system. The hydraulic model will facilitate understanding the root Texas Commission on Environmental Quality 54 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay causes of factors contributing to bacteria in the bay, aid in development of system improvements, produce informational maps/exhibits, and will recommend the system's response to future improvements. •WHAT: A hydraulic wastewater system model will equip the wastewater department with the tool for analyzing system conveyance capacities, bottlenecks, and potential overflow locations. •WHO: The Public Utilities Department, along with a competitively bid contract provide the forces to maintain the City's wastewater collection system. •WHERE: The modeling project will be broken into two phases based on the treatment plant service areas of greatest priority. Phase 1 will consist of Oso, Greenwood, and Broadway Wastewater Treatment Plants (WWTP) service areas. •GOAL: The Goal is to prevent overflows and increase system capacity •WHEN: The project is to be performed in a timely manner consistent with sound professional practices. Both phases are anticipated to be complete in future years. •HOW: The hydraulic model will enable the City to assess any potential capacity constraints and to develop strategies to optimize system performance to meet TCEQ permit requirements. The professional engineering consultant, if needed, should be chosen on the basis of competency rather than low bid. •COSTS/SOURCE OF FUNDS: Funding Implementation for the Citywide hydraulic model will be through A/E (Architecture/Engineer) professional services engineering contracts in the amount of $2,000,000. Funding for this Control Action is to be determined but may be provided by a grant from TCEQ or EPA. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act; state and federal Solid Waste Acts to regulate wastewater collection, treatment, and disposal. •ACTIONS AND SCHEDULE: Table 26. MM 4.5. Conduct Hydraulic Modeling of Collection System. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Texas Commission on Environmental Quality 55 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Phase 1 Modeling- Oso, Greenwood, and W Broadway WTP Basins x Data Analysis, Reporting, and Recommendations x x Texas Commission on Environmental Quality 56 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 27. Summary of Management Measure: Wastewater Collection Systems Management Measure: Wastewater Collection System Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Wastewater Collection System 4.1.) Enhance Existing Fats, Oil & Grease (FOG) Program TBD City of Corpus Christi Public Utilities operating budget Continue generator education directed to permitees and citizens. Tier 1- ongoing. Continue current program Decreased FOG associated overflows. Increased Food Service Grease Interceptor Maintenance Enforcement. Continue to monitor FSE's. Food Service HEM Monitoring. Partnership among City of Corpus Christi Public Utilities, Corpus Christi - Nueces County Health Department, Food Service Establishments (FSE Program). 4.2) Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) TBD City of Corpus Christi Public Utilities operating budget Notification to TCEQ; this entity may choose further outreach/education activities. Tier 1- ongoing. TCEQ compliance. Continue reporting SSOs to TCEQ Monitor number of reported SSO's to TCEQ City of Corpus Christi Public Utilities Department Texas Commission on Environmental Quality 57 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 4.3) Expand Collection TBD City of Notify public on Tier 1- ongoing Continued Reduced number of overflow Continue City of Corpus System Line Cleaning, Inspection, Repair and Rehabilitation Corpus Christi Public Utilities operating budget collection system line cleaning. customer response. Funding for line cleaning reviewed. events. monitoring and response. Christi Funding for smoke testing increased. Number of repaired broken lines. 4.4) Implement an Ongoing TBD City of Provide data Tier 1- ongoing. Ranking of Determine flow monitoring Conduct City of Corpus Inflow and Infiltration Corpus results from I/I meter sub- site locations. flow Christi Study Christi study to the public. basins. monitoring Public Conduct flow monitoring. Utilities operating budget Preparation of sanitary sewer evaluation survey. I/I study report completed. Data collection and analysis. Analyze Flow and Infiltration Data to determined where wastewater infrastructure modifications/improvements to ensure adequate collection system conveyance capacity are needed. Texas Commission on Environmental Quality 58 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 4.5) Conduct Hydraulic TBD City of Provide data Tier 1. Reduction Data collection and analysis. Conduct Public Utilities Modeling of Collection Corpus results from in sanitary Flow Department System Christi Public hydraulic modeling study to the public sewer overflows. TCEQ compliance. Monitoring and contractors. Utilities operating budget Collection system capacity assurance Development of prioritized system improvement programs. Ranking of sub -basins based on I/I. Texas Commission on Environmental Quality 59 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 5.0: Stormwater Drainage System Existing requirements of Municipal Separate Storm Sewer System (MS4) permits address some important elements of bacteria loading in stormwater, offering an adaptive rather than prescriptive approach to bacteria reduction. Although not required under the MS4, Structural Best Management Practices (BMPs), such as modifications to stormwater outfalls may reduce bacteria through aeration, treatment by sunlight, or physical removal of contaminants, and have the potential to reduce bacteria loading into waterways. However, there is limited data regarding how well such BMPs (i.e. green infrastructure) might reduce bacteria loading. Therefore, the CARP Committee has identified the evaluation of the effectiveness of green infrastructure as one of its priorities. Management Measure 5.1: Determine Effectiveness of Stormwater Retrofits* to Remove Bacteria Fecal indicator bacteria such as Enterococcus in urban stormwater originate from feces of warm blooded animals deposited in the watershed. These bacteria may be directly deposited into the receiving water or carried to the receiving water by stormwater runoff. Bacteria may persist for extended periods of time outside of a warm-blooded host in sediments, biofilms, and organic litter in stormwater facilities, pipes and media. Understanding sources of bacteria is important in selecting appropriate BMPs targeted to these sources. Managing the source should be the first strategy implemented. A variety of guidance and techniques exist for conducting bacteria source tracking, ranging from relatively straight forward illicit discharge screening to complex microbial source tracking (MST) studies. As funding is identified and becomes available the City of Corpus Christi should perform a small scale pilot program on a public improvement project using a site- specific engineered stormwater retrofit in Cole and Ropes Park Stormwater drainage basin. (*Retrofits are defined as "stormwater treatment practices in stream corridors or upland areas to capture and treat stormwater runoff before it flows into the receiving water". (EPA 2007; www. cwp.org; www. stormwatercent er. net). As part of this small scale pilot program, the City should undertake a detailed survey of the stormwater collection system in one or two of the small drainage basins in the study area, including either smoke testing or televising the stormwater sewer lines, to determine whether illegal cross connections or leaking/broken private sewer laterals are contributing sewage to the stormwater collection system. Retrofits which may assist in reducing bacteria concentrations Texas Commission on Environmental Quality 60 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay in stormwater include diverting flows through constructed wetlands, exposing previously underground flows to sunlight, or diverting runoff to wet ponds. There is a need for additional research into the effectiveness of removing bacteria from stormwater runoff with retrofits to existing infrastructure in urban environments. The results of this pilot project should be used to determine if retrofits to existing infrastructure are effective in reducing Enterococcus levels in stormwater runoff. •WHAT: The purpose of this implementation activity is to determine the feasibility of reducing bacteria concentrations from urban runoff by retrofitting existing infrastructure and evaluating the level of bacteria removal. When a funding source becomes available, the City may perform a small scale pilot program on a public improvement project using a site specific engineered stormwater retrofit to determine if such retrofit is effective at reducing Enterococcus bacteria. •WHO: The City of Corpus Christi •WHERE: Cole and Ropes Parks Stormwater drainage basin. The pilot project should be developed on City -owned property. Site specific pilot project location to be determined with assistance of an engineering consulting firm. •GOAL: Determine if stormwater retrofit(s) can effectively reduce bacteria in stormwater runoff. •WHEN: Tier 1. •HOW: The City of Corpus Christi should hire an engineer experienced in designing stormwater retrofits for pollutant reduction. The City or the City's designee will monitor the bacteria levels at the inflow and outflow of the retrofit and report findings to the CARP committee. •COSTS/SOURCE OF FUNDS: Estimated cost ($75,000). Source of funding to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 28. MM 5.1. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Conduct Pilot Project x Develop Recommendations for Further Stormwater Retrofits x at completion of pilot study x Texas Commission on Environmental Quality 61 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 5.2: Continue the Major Outfall Assessment and Repair Program as Funding Allows There are eight major stormwater outfalls and more than 8o other outfalls that allow stormwater runoff to flow into Corpus Christi Bay. In 2003, 13.5 miles of these outfall structures were inspected and improvements and repairs were made to four outfalls. •WHAT: Continue the ongoing Major Outfall Assessment and Repair program instituted by the City of Corpus Christi, as funding allows. •WHO: The City of Corpus Christi •WHERE: First priority should be outfalls in Cole and Ropes parks. •GOAL: To continue the ongoing maintenance and repair, as needed, of stormwater outfalls which may influence segments of Corpus Christi Bay at Cole and Ropes Parks. Verifying the integrity and function of such outfall structures will ensure the carrying capacity of the system is protected, while minimizing sediment deposition due to physical defects and system failures. As funding and technological advances become available, the City should evaluate the feasibility of retrofitting structurally unsound outfalls to incorporate water quality improvements. •WHEN: As voters and City Council approve funding for the program. •HOW: Continue existing Capital Improvement Program to assess the condition of major outfalls. Condition assessments should rank and prioritize outfall repairs or replacements needed. When major repairs or replacement are warranted, the project should be evaluated to determine the feasibility of retrofits for water quality improvements. The engineer should develop a list of alternatives that could be implemented to project water quality improvements. •COSTS/SOURCE OF FUNDS: To be determined by infrastructure condition monitoring, source of funding for retrofits to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. Texas Commission on Environmental Quality 62 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 29. MM 5.2. Continue the Major Outfall Assessment and Repair Program as Funding Allows. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Assess Outfalls Within CARP Area x Develop Repair/Retrofit Recommendations x Management Measure 5.3: Support and Encourage the Adoption of Stormwater Master Plan The City is proceeding with adoption of a stormwater master plan. In April 2013, the Level of Service for the SWMP was presented and approved by Corpus Christi City Council. The Level of Service, which is the first step in adopting the SWMP and is a Council level policy approval item, allows City Departments the ability to proceed with developing design standards and updating maps. The approved Level of Service and the SWMP are predicates to amending existing development and construction codes to reflect adopted changes. The City will be re-engaging with a design consultant to assess the impact of the revised level of service and feasibility of incorporating stormwater quality criteria in the master plan. •WHAT: Encourage City leadership and staff to adopt the Stormwater Master Plan, develop design standards and modify City Code of Ordinances as needed. •WHO: The City of Corpus Christi's Development Services, Capital Programs and Public Utilities Departments. •WHERE: Within the corporate boundaries of the City of Corpus Christi •GOAL: Adoption of a SWMP that incorporates water quality protection incentives. •WHEN: Tier 1. Within 5 years of the approval of this I -Plan and securing funding for this activity. •HOW: With the engagement of community groups and support of interested stakeholders to be involved in Plan CC and other long-term City planning efforts. •COSTS/SOURCE OF FUNDS: To be determined. •RESPONSIBLE ORGANIZATION(S): CARP, CBBF, CBBEP, and other similar interested organizations. Texas Commission on Environmental Quality 63 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 30. MM 5.3. Support and Encourage the Adoption of Stormwater Master Plan. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Support and Encourage Stakeholder Activity Leading to the Adoption of the Stormwater Master Plan x x x Hold Community -wide Workshop for Developing Stormwater Master Plan Support x x x Create a Stakeholder Master Plan Support Team x Texas Commission on Environmental Quality 64 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 31. Summary of Management Measure: Stormwater Drainage System] Management Measure: Stormwater Drainage System Management Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Stormwater Drainage System 5.1) Determine Effectiveness of Stormwater Retrofits to Remove Bacteria TBD TBD Educate public on Stormwater Retrofits Tier 1 CARP will develop recommendations based on the data collected in the pilot study. Effective bacteria removal. Initiate a pilot study for outfall assessments. Assess retrofits annually to determine if repairs are needed City of Corpus Christi 5.2) Continue the Major Outfall Assessment and Repair Program as Funding Allows TBD TBD Notify public about the repair program and provide results from the assessment Tier 1 Assessments completed. Outfall assessment program. Engineer recommends alternatives to City Continue the assessment program as funding permits to other basins affecting the CARP area. City of Corpus Christi 5.3) Support and Encourage the Adoption of Stormwater Master Plan TBD City of Corpus Christi Make the Stormwater Master Plan available to public once adopted Tier 1 Adoption of a Stormwater Master Plan Evaluate the effectiveness from a water quality and cost perspective Improved Stormwater management within the watershed Review Stormwater Master Plan annually and determine if revisions are needed City of Corpus Christi Texas Commission on Environmental Quality 65 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.0: Ordinance and Regulation Source tracking should be the FIRST implementation activity before any other engineering solutions, etc. to determine how to order/prioritize further activities. The information obtained in the pilot program described in 5.1 should be utilized to determine whether illegal cross connections or broken or leaking wastewater laterals are providing a source of bacteria within the target basins and whether Management Measures 6.1-6.3 are needed. Management Measure 6.1: Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program •WHAT: Residential properties have been identified as a potential source of wastewater and other wastes materials that could result in bacteria into the City's MS4. Old, leaking, broken, or improperly installed or maintained private wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4 are a primary concern. Establish a targeted inspection program for private sewer lines, within the drainage basins contributing flows to the TMDL program area, to test private sewer lines to make sure they do not have any leaks or breaks, and require by law the repair of substandard private sewer lines, also known as private laterals. Lateral failures are often latent defects, not seen, until raw sewage reaches premises surfaces or floods the interior of a home. Sellers can mask such problems or fail to disclose. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Within 10 years, reduce or eliminate all leaking or broken private sewer lines within the drainage basins that discharge within the TMDL. •WHEN: Develop, adopt and implement a targeted private sewer line inspection program within five years of adoption of the I -Plan. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, identify sections that need to be amended to further the stated goal and prepare and present for adoption the ordinances necessary to amend the codes during the next technical construction codes update process. • HOW: see a.) and b.) below a. Leaking Private Sewer Line Inspection Program using Hydrostatic or Televised Testing. Pilot Project. Utilizing the information obtained in the Texas Commission on Environmental Quality 66 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay pilot program described in 5.1, determine whether broken or leaking private wastewater lateral systems are providing a source of bacteria by infiltration into stormwater collection systems in the target basins. Establish an enhanced, targeted inspection program for private sewer lines, within the drainage basins contributing flows to the TMDL program area, to test private sewer lines to make sure they do not have any leaks or broken sewer lines, and mandate repair of substandard private sewer lines, also known as private laterals. (Note: Inspection program could be conducted by licensed plumbers or other certified entities. This is an appropriate requirement prior to a change of house ownership, to enable a new owner to be aware of an actual problem and not be misled into an expensive surprise to correct failed plumbing. Often, plumbing problems are ignored after a purchase because the new owner has no budget to fund expensive corrections. The current system allows "latent" defects to be passed on to a new owner. There is no leverage or requirement for plumbing inspections.) b. Code Updates. Update City's Building and Housing Standards Code, especially, as they relate to the issue of leaking / broken underground sewer lines. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. (Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of inspections, identification of needed repairs, and needed lateral replacements, at rates designed to cover the total costs to the City to administer the program. The City could also explore funding/tax abatement/incentives programs to assist the City with program cost overruns as well as seek grants to cover costs of inspections, needed repairs, and lateral replacements, especially for low income property owners. Private inspections of residential lateral lines, accompanying a sale, can likely be accomplished for under $ioo.00 to the parties involved, or for free if additional plumbing work is scheduled by a seller or buyer. The City would need to establish a disclosure filing fee to record inspection results associated with a sale. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 32. MM 6.1. Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Prepare and Present to Council Ordinances Necessary to Establish Targeted Inspection Program Within CARP Area x at completion of 5.1 x Prepare and Present to Council Ordinances Necessary to Update City's Technical x at x Texas Commission on Environmental Quality 67 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Construction Codes to Address Illegal Cross - connections completion of 5.1 Management Measure 6.2: Commercial Cross -Connection Inspection Program •WHAT: Commercial properties (including multi -family rental property, large condominiums, retail establishments, and industrial properties) may be identified as potential sources of wastewater and other waste materials that could result in introduction of bacteria into the City's MS4. The primary concerns involve illegal cross - connections between the private stormwater and wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce or eliminate all illegal cross -connections within the drainage basins that discharge within the TMDL within 10 years. •WHEN: Develop, adopt and execute an enhanced, targeted illegal cross -connection inspection program in Tieri. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, including unpermitted work by homeowners within two years, which codes and amendments are intended for adoption during the next technical construction codes update process. •HOW: see a.) and b.) below a. Illegal Cross -connections Pilot Inspection Program. Utilizing the information obtained in the pilot program described in 5.1, determine whether illegal cross connections between private wastewater systems and the stormwater collection system are providing a source of bacteria within the Cole and Ropes Parks stormwater basins. Expand City's current inspection programs within drainage basins, contributing flows into the TMDL program area, to locate unauthorized cross -connections on commercial properties. This may include smoke testing wastewater and stormwater lines. b. Code Updates. Update City's Technical Construction Codes, especially as they relate to the issue of cross -connections. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of inspections, identification of needed repairs, and needed lateral Texas Commission on Environmental Quality 68 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay replacements, at rates designed to cover the total costs to the City to administer the program. The City could also explore funding/tax abatement/incentives programs to assist with program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 33. MM 6.2 Commercial Cross -connection Inspection Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Illegal Cross -connections Pilot Inspection Program x Code Updates x at completion of Pilot Project Management Measure 6.3: Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program •WHAT: Commercial properties have been identified as a potential source of wastewater and other waste materials that could result in the infiltration of bacteria into the City's MS4. The primary concerns involve old, leaking, broken, or improperly installed or maintained private wastewater lines on the property that allow wastewater to infiltrate into the MS4. Establishment of an inspection program to test private sewer lines to make sure they do not have any leaks or breaks, and mandate repair of substandard private sewer lines, also known as private laterals. (Note: Inspection program could be conducted by licensed plumbers or other certified entities.) The problem seems more prevalent in areas with older clay pipe, installed in the 3o's, 40's, and 50's, and with cast iron pipes, installed in 6o's and 70's, all before widespread use of PVC piping. There should be an evaluation of the adequacy of the City's current certificate of occupancy program to determine if necessary changes in a property's infrastructure are being correctly installed and properly maintained, especially upon a change of ownership or a change in tenants. This might necessitate the adoption of a business permit system within the City. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. Texas Commission on Environmental Quality 69 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: Within 10 years, reduce or eliminate leaking or broken private sewer lines within the drainage basins that discharge within the TMDL area. •WHEN: Propose to City Council to consider for approval and adoption a leaking and broken private sewer inspection program. Undertake and complete review of City's Technical Construction Codes, for adoption during the next technical construction codes update process. •HOW: see a.) and b.) below a. Leaking or Broken Private Sewer Lateral Pilot Inspection Program. Utilizing the information obtained in the pilot program described in 5.1, determine whether broken or leaking commercial wastewater lateral systems are providing a source of bacteria by infiltration into stormwater collection systems in the target basins. Establish an inspection program to test private sewer lines to make sure they do not have any leaks or breaks, and mandate repair of substandard private sewer lines, also known as private laterals, especially upon a change of ownership and/or a change in tenants. (Note: Inspection program could be conducted by licensed plumbers or other certified entities.) b. Certificate of Occupancy. Evaluate the adequacy of the City's current certificate of occupancy program to determine if necessary changes in a property's infrastructure are being correctly installed and properly maintained, especially upon a change of ownership and/or a change in tenants. This might necessitate the adoption of a business permit system within the City. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer at rates designed to cover the program costs of inspections, identification of needed repairs, and needed lateral replacements. The City could explore funding/tax abatement/incentives programs to assist the City with program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. Texas Commission on Environmental Quality 70 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 34. MM 6.3 Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Leaking or Broken Private Sewer Lateral Pilot Inspection Program x Evaluate the Adequacy of the City's Current Certificate of Occupancy Program x at completion of Pilot Project Management Measure 6.4: Improved Grease Trap Standards •WHAT: Clogged, overloaded grease and grit traps and improperly operating oil/water separators may result in contaminated runoff entering the City's MS4, encouraging the growth of bacteria with the underground stormwater sewers. There is a need to review the standards for oil, grease, and grit traps in City's current Technical Construction Codes to verify they have adopted the best available technology, and to adopt new standards for new and existing commercial properties. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Within 10 years, reduce or eliminate introduction of wastewater contributed by undersized or malfunctioning grease interceptors and /or oil -water separators into the MS4 from commercial properties within the drainage basins that discharge within the TMDL area. •WHEN: Undertake and complete review of City's Technical Construction Codes, intended for adoption and amendment during the next technical construction codes update process. •HOW: Review the standards for grease interceptors and /or oil -water separators in City's current Technical Construction Codes to verify they have adopted the best available technology, and adopt new standards for new and existing commercial properties. Existing installations should not be grandfathered, if they fail to meet the current pre-treatment requirements, they should be afforded the opportunity to come into compliance with new requirements after a reasonable amortization period. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined Adopt by ordinance the necessary regulatory fees, to be charged to the Texas Commission on Environmental Quality 71 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay customer for costs of inspections, to identify needed repairs, and grease trap, grit trap, and oil/water separator replacements, at rates designed to cover the total costs to the City to administer the inspection program. The City could also explore funding/tax abatement/incentives programs to assist the City with any program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 35. MM 6.4 Improved Grease Trap Standards. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Grease Trap, Grit Trap, and Oil/Water Separator Inspection Program X Undertake and Complete Review of City's Technical Construction Code Provisions Related to Grease Traps, Grit Traps, and Oil/Water Separators. X Management Measure 6.5: Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes •WHAT: Develop and present for adoption code amendments to strengthen current ordinances that require pet owners to remove and properly dispose of pet wastes, such as the "pooper scooper" requirements and the requirement to remove waste that has accumulated on the ground from animals that are harbored on the property (premises). This should also apply to free range chickens and livestock that are not related to a commercial agriculture operation. Ordinance amendments would include, at a minimum, new enforcement measures, stricter fines, and enhancements to improve enforceability. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce amount of pet wastes running off of private property and into the City's MS4. •WHEN: Adopt amendments to the animal control ordinances within two years. •HOW: City staff should review animal control ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City's Animal Control Board for review and recommendation, and refer to City Council for adoption. Amendments should provide for enhanced Texas Commission on Environmental Quality 72 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay enforcement capabilities, fines or increased fines, and consider fees and other consequences for violating the law. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the violator for code enforcement costs, at rates designed to cover the total costs to the City to administer the program •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 36. MM 6.5. Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Review Animal Control Ordinances Adopted in Other Communities and Draft Appropriate Amendments to City's Animal Control Ordinances X Management Measure 6.6: Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals •WHAT: Consider adoption of measures to control feral cats, rodents, and nuisance animals, such as possums, that property owners allow to take up residence on their property. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce amount of animal wastes running off of public and private property and into the City's MS4. •WHEN: Adopt amendments to the animal control ordinances within two years. •HOW: City staff should review animal control ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City's Animal Control Board for review and recommendation, and refer to City Council for adoption. The City's police department, as well as code compliance department, ought to be engaged in animal waste control enforcement. Officers on bicycles are optimal contacts to warn the public of pet waste obligations. Police department engagement will require a policy shift. Amendments should provide Texas Commission on Environmental Quality 73 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay for enhanced enforcement capabilities, fines or increased fines, and consider administration fees and other consequences for violating the law. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of any inspections and code enforcement costs, at rates designed to cover the total costs to the City to administer the program. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 37. MM 6.6. Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Review Animal Control Ordinances Adopted in Other Communities, and Present for Adoption Appropriate Amendments to the Code of Ordinances x Management Measure 6.7: Install Additional Signage •WHAT: Install appropriate signage to warn the public of potential public health risks associated with contact recreation in bay waters when bacteria levels exceed state water quality standards for contact recreation, which normally occur during and immediately following heavy rain events. •WHO: City of Corpus Christi •WHERE: At access points in City parks and public areas, adjacent to the TMDL study area; which are used to access bay waters for contact recreation. •GOAL: Until such time as engineering solutions to the elevated bacteria levels in the bay at Cole and Ropes Parks are implemented, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have elevated bacteria levels during and immediately following heavy rain events. •WHEN: Within two years of adoption of the plan. •HOW: In the interest of the economy, install permanent signage, which may or may not be related to the Texas General Land Office Beach Watch Program, which advises public of general risk of using bay waters for contact recreation during and immediately after heavy rain events. Texas Commission on Environmental Quality 74 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 38. MM 6.7. Install Additional Signage. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Install Additional Signage. x Within one year of adoption of this plan Management Measure 6.8: Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall •WHAT: Prepare and present to Council for adoption the ordinances that would devise an advisement protocol to warn the public of periodically elevated bacteria levels, as anticipated by weather forecasts for rain, as well as warnings during and immediately after rainfall, and an advisement protocol to notify the public when elevated bacteria levels are assumed to have fallen to permissible levels. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Until such time as implementation of an engineering solution to the bacterial contamination created in the "first flush" of a heavy rainfall event, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have elevated bacteria levels during and immediately following heavy rain events. •WHEN: Within one year of adoption of the plan. Texas Commission on Environmental Quality 75 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •HOW: By adoption of an ordinance, establish the standards for issuing general and specific public health safety advisories on the contact recreational use of subject bay waters when bacteria levels exceed contact recreation water quality standards. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 39. MM 6.8. Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings and Immediately After Rainfall. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Prepare and Present to Council for Adoption x Ordinances Setting Standards for Issuing Prepare General and Specific Public Health Safety ordinance Advisories on the Contact Recreational Use within one year of Bay Waters with Bacterial Contamination of adoption of Following Major Rain Events implementation plan and obtaining support of affected stakeholders Management Measure 6.9: Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks •WHAT: Prepare and present to Council for adoption an ordinance that authorizes the City Manager to close or deny contact access to recreational waters from City parks and public spaces during periods when there is a risk to public health from elevated bacteria levels in the bay. This ordinance proposal will be held in active abeyance during the first implementation cycle of the I -Plan. During this abeyance period, recognized stakeholder work groups, Ordinances/Regulations; Education/Outreach; and Monitoring/Research, will meet to create specific language or elements for a proposed ordinance to direct closure or direct advisories pertaining to the subject beaches during periods of risk to the public health or safety. The goal of the ordinance will be to regulate or manage beach access during periods of risk to public health or safety. The work groups will explore conditions and progress made under the I -Plan that may affect the efficacy and appropriateness of a beach access ordinance. Elements for work group consideration, include, but are not limited to, creation of an exempted class of recreational user; the use/non-use of the City's police powers in managing access; potential for penalties and non -penal approaches to enforcement; education and outreach in lieu of enforcement or to supplement enforcement; progress or new approaches to testing and evaluation; and Texas Commission on Environmental Quality 76 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay any legal and scientific avenues appropriate to managing access to affected beaches for benefit of the public health and safety. The participating work groups will, at their discretion, as individual groups or a consolidated work group, vote a proposed ordinance draft, or the elements of such, to the CARP committee for further action, which committee may incorporate the ordinance draft or its elements as an adjunct to the current I -Plan at any time the CARP committee may deem appropriate to accept or decline the proposal. The ordinance will include language to exempt activities of organized and individual windsurf/sailboard/kiteboard users, that rely upon the launch site at Oleander Point within Cole Park, predicated upon informed assumption of risk for this class of recreation user. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Until such time as an implemented engineering solution to the elevated bacteria levels in the bay waters adjacent to Cole and Ropes Park, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have excessive bacteria levels during and immediately following heavy rain events. •WHEN: Within two years of adoption of the plan. •HOW: Adopt ordinance to authorize the City Manager to close or deny access to bay waters for contact recreation from City parks and public spaces during periods when there is a significant public health risk associated with the use of the subject bay area for recreational contact when bay waters exceed state water quality standards for contact recreation, which normally occur during and immediately following heavy rain events. Closure or denial of access would be accomplished by posting appropriate signage and installing barriers on physical access points, such as steps or pathways. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. Texas Commission on Environmental Quality 77 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 40. MM 6.9. Restrict Access to Bay Waters from City Parks and Other Bay Front City Properties During Periods of Significant Public Health Risks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Adopt Ordinance Authorizing City Manager x to Restrict Access to Targeted Bay Waters Propose for Contact Recreation When There is a ordinance Significant Public Health Risk. within two years of adoption of !- Plan and based on stakeholder input. Management Measure 6.10: Adopt and Enforce Additional Ordinances •WHAT: Solid waste, especially litter that contains or was associated with food and beverages, that gets into the City's MS4, can contribute to the growth of bacteria within the stormwater system. While the City currently has some ordinances to address litter at food establishments, the current ordinances do not provide adequate requirement related to the number and maintenance of outdoor trash receptacles in commercial parking lots and public access areas to allow the public to properly dispose of waste that has been generated as a result of the commercial activities on the property. Responsible landlords and commercial owners, who invest in clean premises costs, are at a competitive disadvantage against operators who ignore cleanliness to enjoy higher profit margins. New and amended ordinances should provide: a. More Receptacles. Increase the required number of waste receptacles on commercial properties and public areas. b. More Commercial Waste Service. Enhance a commercial owner's maintenance obligations to service waste receptacles and clear parking lots of loose debris, particularly, discarded used diapers and animal carcasses, with special attention to dead birds and discarded food that attracts birds and bird feces. Texas Commission on Environmental Quality 78 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay c. Dumpsters. Enhanced ordinance obligations requiring contractors who provide dumpsters to keep dumpster areas free of deleterious materials and leakage. (Generally, sanitation obligations pertaining to dumpsters are not being observed. More enforcement is needed). d. Plastic. Support the current efforts to reduce plastic bag usage. e. Relief from Fugitive Waste on City Service Routes. Updated and enforceable secondary containment requirements for both automated and manual routes, which secondary requirements are already in Chapter 21, Garbage, Trash, and Other Refuse, but lack standards for required plastic and paper container bags, and which regulations are further without enforcement capability for lack of statement of offense. Enforcement of secondary containment puts the citizen customer where he or she ought to be, in a responsible position to assist the City in controlling fugitive wastes. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce volume of solid wastes that runoff or blow into the MS4 from commercial properties. •WHEN: Within two years of adoption of the implementation plan. •HOW: City staff should review litter and property maintenance ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City Council for adoption. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of any inspections and code enforcement costs, at rates designed to cover the total costs to the City to administer the program. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws. •ACTIONS AND SCHEDULE: Table 41. MM 6.10. Adopt and Enforce Additional Ordinances. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Adopt Appropriate Ordinances. x Throughout the life of the I -Plan Texas Commission on Environmental Quality 79 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.11: Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment •WHAT: Review "low impact development" standards adopted by other communities that will reduce volumes of stormwater runoff from areas of new development or significant redevelopment. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce the volume of runoff generated from areas of new development or significant redevelopment. •WHEN: Target adoption of amendments to the Unified Development Code (UDC) within three calendar years. •HOW: Establish a special advisory committee to study issues and make recommendations to the Planning Commission and City Council. Committee should have broad public membership, and should include developers, residential and commercial builders, consulting engineers, neighborhood homeowner association representatives, and environmental interest. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 42. MM 6.11. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Establish Special Advisory Committee x within three years Amend UDC to Encourage "Low Impact" Development. x throughout the life of the I -Plan x x Texas Commission on Environmental Quality 80 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 43. Summary of Management Measure: Ordinance and Regulation Management Measure: Ordinance and Regulation Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Ordinance and Regulation 6.1) Residential Leaking/Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program TBD TBD Public will be educated on sewer lateral inspection/tes ting program Tier t. Complete review of current technical construction an codes and adopt necessary amendments during next code revision process. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. Determine # of broken/leaking private sewer lines identified vs. # of broken /leaking private sewer lines corrected. Prepare and prent to Council ordinances necessary to establish an enhanced, targeted inspection program of private sewer lines within the drainage basins contributing flows to the TMDL program area to test private sewer lines to make sure they do not have leaks or broken sewer lines Prepare and present to Council for adoption the ordinances that would update City's technical construction codes to address illegal cross connections Determine number of illegal cross- connections identified vs. number of illegal cross - connections corrected City of Corpus Christi Texas Commission on Environmental Quality 81 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.2) Commercial Cross- TBD TBD Educated Tier 1. Establish an Complete Determine City of connection Inspection Program public on Cross- connection Inspection Program enhanced, targeted inspection program within the drainage basins contributing flows to the TMDL program area to locate unauthorized cross- connections on private property, which may include smoke testing wastewater collection lines and stormwater lines. ordinance review and amendment adoption process Complete inspection of target drainage basins within 10 years Complete review of current technical construction codes and adopt any necessary amendments during the next code revision process. number of illegal cross- connections identified vs. number of illegal cross - connections corrected. Corpus Christi Update City's technical construction codes to address illegal cross- connections. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. Texas Commission on Environmental Quality 82 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.3) Commercial Leaking/ TBD TBD Educate Tier 1. Establish an Complete Determine City of Broken Private Sewer Laterals Pilot Inspection/ public on Sewer Lateral enhanced, targeted pilot ordinance review and number of broken/ Corpus Christi Testing Program Inspection Program inspection program of private sewer lines within the drainage basins contributing flows to the TMDL program area to test private sewer lines to make sure they do not have any leaks or broken sewer lines. Update City's technical construction codes to address illegal cross- connections. amendment adoption process within two years of adoption of this implementati on plan. Complete review of current technical construction codes and adopt any necessary amendments during the next code revision process. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. leaking private sewer lines identified vs. number of broken/ leaking private sewer lines corrected. Texas Commission on Environmental Quality 83 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.4) Improved Grease Trap TBD TBD Notify Public Tier 1. Continue and Implement Determine City of Standards of new Grease Improve inspection number of Corpus Trap Standards grease trap, grit trap, and oil/water separator inspection program. Undertake and complete review of City's Technical Construction Code provisions related to grease traps, grit traps, and oil/water separators. program within two years of adoption of the implementati on plan. Adopt any necessary changes during the next technical construction codes update process. Take appropriate enforcement action, if property owners do not replace or make necessary repairs to improperly operating grease traps, grit traps, and oil/water separators. grease traps, grit traps, and oil/water separators that do not operate at appropriate levels vs. number of grease traps, grit traps, and oil/water separators repaired or replaced. Christi Texas Commission on Environmental Quality 84 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.5) Strengthen Current TBD TBD Educate Tier 1. Review Complete Number of City of Animal Control Ordinances public on new animal ordinance complaints Corpus Relating to Removal and animal control review and investigated. Christi Disposal of Pet Wastes control ordinances ordinances adopted in other communities and draft appropriate amendments to City's animal control ordinances. amendment adoption process within two years of adoption of this implementati on plan. Number of enforcement actions taken (includes issuance of warnings, notices of violation, and citations). Evaluate number of complaints investigated Texas Commission on Environmental Quality 85 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.6) Implement Measures to TBD TBD Educate Tier 1. Review Complete Number of City of Control Feral Cats, Rodents, and Nuisance Animals public on measures they could help control feral cats, rodents, and nuisance animals. animal control ordinances adopted in other communities, and present for adoption appropriate amendments to the Code of Ordinances. Make pet waste enforcement a policy priority, or at least a function, within the ordinance review and amendment adoption process within two years of adoption of this implementati on plan. Complete policy change within one year of adoption of I - Plan. complaints investigated. Number of enforcement actions taken (includes issuance of warnings, notices of violation, and citations). Corpus Christi City's police department, not limited to code compliance department. 6.7) Install Additional TBD TBD Educate via Tier 1. Install Signs are Maintain City of Signage signage additional signage. installed signage Corpus Christi Texas Commission on Environmental Quality 86 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.8) Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall TBD TBD Public health safety advisories are issued as directed in the ordinance. Tier 1. Ordinances adopted within one year of adoption of I- Plan Prepare and present to Council for adoption ordinances setting standards for issuing general and specific public health safety advisories on the contact recreational use of bay waters with bacterial contaminatio nfollowing major rain events. Evaluate how many public health safety advisories were issued as directed in the ordinance(s). City of Corpus Christi 6.9) Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks TBD TBD Notify public of new beach/water restrictions when bacteria levels are or can be a health risk. Tier 1 Adopted within one year of adoption of I- Plan Number of Restrictions advised. Evaluate how many public health safety advisories/res trictions were issued. City of Corpus Christi 6.10) Adopt and Enforce Additional Ordinances TBD TBD Notify public of new ordinances. Tier 1. Propose ordinances for adoption within 2 years of adoption of implementati on plan. Adopt appropriate ordinances. Evaluate the effectiveness of appropriate ordinances that have been adopted. City of Corpus Christi Texas Commission on Environmental Quality 87 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.11) Explore Adoption of TBD TBD Educate Tier 1. Adopt Amend UDC Evaluate the City of Additional "Low Impact public of LID necessary to encourage effectiveness Corpus Development" Standards in standards in ordinances "low impact" of new Christi Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant unified development code. within 3 years of adoption of this implementati on plan. development. developments utilizing LIDS. Redevelopment Texas Commission on Environmental Quality 88 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 1.0.- Wastewater Collection Systems Sanitary sewers can fail to function properly due to blockages, line breaks, defects that allow stormwater and groundwater to overload the system, lapses in operation and maintenance, inadequate design and construction, power failures, deferred replacement, and vandalism. The EPA has concluded that sanitary sewer overflows (SSOs) contribute to bacteria loading in almost all impaired streams, but may or may not be a primary source of loading. EPA acknowledges that SSO data is difficult to assess. In general, implementation actions consist of encouraging improvements to sanitary sewers through hydraulic modeling and completing an inflow and infiltration study; reducing the amount of fats, oils, and grease entering the system; continuing sanitary sewer line cleaning; and reporting of SSOs to the TCEQ. These reports are public information and are available from the TCEQ. Control Action 1.1: Continue Existing Fats, Oil & Grease (FOG) Program Fats, oil, and grease (FOG) are considered to be a leading cause of blockages in sanitary sewers, and the EPA estimates that blockages account for nearly 5o percent of all SSOs nationwide. This Control Action enables the City of Corpus Christi to determine the proper size and design for grease interceptors, to inspect traps regularly, and to require grease interceptors be effectively maintained by businesses. •WHAT: Almost all of the City's Food Service Establishments (FSE) are required to have a grease interceptor and this is initially enforced by Development Services through the building permit process. Thereafter, FSEs are inspected annually by the City's Pretreatment staff. Inspections include reviewing manifests for grease interceptor cleaning frequency and analyzing Hexane Extractible Material (HEM) levels, which cannot exceed 200 mg/l. The hexane solvent methodology is used to measure total oils and grease. A Notice of Violation is sent to FSEs where exceedances are observed, with a requirement to increase the interceptor cleaning frequency. Continued exceedances may result in a requirement for a larger or more effective interceptor. In addition to notices in utility bills, residents are advised to avoid putting grease in the drains at the annual World of Water event at the Corpus Christi Museum of Science and History. The City provides fat trapper containers and bags at no charge to attendees. •WHO: City of Corpus Christi Public Utilities, Corpus Christi- Nueces County Health Department, Food Service Establishments (FSE Program). •WHERE: All FSEs in the Cole and Ropes Parks contributing drainage areas. Texas Commission on Environmental Quality 89 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: Reduce or eliminate SSOs resulting from blockages caused by FOG through monitoring and enforcement of the City's ordinances prohibiting grease input into the wastewater collection system •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Through continuing efforts in the City's FOG program. •COSTS/SOURCE OF FUNDS: Approximately $400,000 annually, in the range of Public Utilities operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Public Utilities Department •ACTIONS AND SCHEDULE: Table 44. CA 1.1. Continue existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Food Service HEM Monitoring x x x Food Service Grease Interceptor Maintenance Enforcement. x x x Control Action 1.2: Continue Monitoring Sanitary Sewer Overflows (SSOs) •WHAT: Sanitary Sewer Overflows are accurately reported by the City's Public Utilities Department to the TCEQ. It is City policy that all reported overflows are repaired or addressed. The intent of this Control Action is to continue the SSO reporting by the City of Corpus Christi. •WHO: The City of Corpus Christi Public Utilities Department •WHERE: The main priority area will be within the Cole and Ropes Park drainage basin and include Brawner Parkway drainage basin. •GOAL: Continue reporting SSOs. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Continue reporting SSOs as is currently being done to date. •COSTS/SOURCE OF FUNDS: The costs associated with SSO reporting to the TCEQ by the City are included in the Public Utilities Department's annual operating budget. Texas Commission on Environmental Quality 90 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 45. CA 1.2. Continue Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue SSO reporting x x x Control Action 1.3: Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi has an on-going program of cleaning and televised inspecting its wastewater collection system. This is part of the Wastewater Department's maintenance and operation plan for improved performance. Through cleaning and televising, the City can optimize repairs/rehabilitation efforts to meet TCEQ permit requirements. •WHAT: Maintenance of lines is a Public Utilities Department function to assure improved performance to its 83,000 customers who depend on this service every day. •WHO: The Public Utilities Department, along with competitively bid contracts, provides the forces to maintain the City's collection system. •WHERE: Annually, the Public Utilities Department assesses all areas of the City to determine need for improved maintenance and repairs. Areas needing replacement are placed on the Capital Improvements Program (CIP) plan for bid solicitation. Also, database reviews occur to resolve problematic areas in the system. •GOAL: Prevent overflows and increase system capacity. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Generally, through cleaning and closed circuit televising (CCTV), smoke detection surveys, and customer complaints of affected areas, resolution of problems and improvements of the systems are accomplished. Texas Commission on Environmental Quality 91 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: The Public Utilities Department. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. •ACTIONS AND SCHEDULE: Table 46. CA 1.3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation x x x Texas Commission on Environmental Quality 92 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 47. Summary of Control Action Wastewater Collection Systems Control Action: Wastewater Collection Systems Control Action Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Wastewater Collection Systems 1.1.) Continue Existing Fats, Oil & Grease (FOG) Program TBD City of Corpus Christi Public Utilities operating budget Continue generator education directed to permittees and domestics. Tier 1. Continue current program Decreased FOG associated with overflows Food Service Grease Interceptor Maintenance Enforcement. Continue to monitor FSE's. Food Service HEM Monitoring. Code of Ordinances of the City of Corpus Christi Ordinances 1.2) Continue Monitoring Sanitary Sewer Overflows (SSOs) TBD City of Corpus Christi Public Utilities operating budget Educate public on how they can help reduce SSOs. Tier 1- ongoing TCEQ compliance. Public notification for public health and safety Report SSOs to TCEQ Evaluate the effectiveness of and continue public notification for public health and safety. TCEQ compliance City of Corpus Christi 1.3) Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation TBD City of Corpus Christi Public Utilities operating budget Educate public on collection system line cleaning, inspection, repair and rehabilitation program Tier 1- ongoing Prevent overflows and increase system capacity. Reduced number of overflow events. Continue monitoring and response. City of Corpus Christi Texas Commission on Environmental Quality 93 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 2.0: Stormwater Drainage System Existing requirements of Municipal Separate Storm Sewer System (MS4) permits address some important elements of bacteria loading in stormwater, offering an adaptive rather than prescriptive approach to bacteria reduction. Structural Best Management Practices (BMPs), such as modifications to stormwater infrastructure that may reduce bacteria through aeration, treatment by sunlight, or physical removal of contaminants, have the potential to reduce bacteria loading into waterways. However, there is limited data regarding how well such BMPs (i.e. green infrastructure) might reduce bacteria loading. Therefore, the CARP Committee has identified the evaluation of the effectiveness of green infrastructure as one of its priorities. Control Action 2.1: Continue Existing Stormwater Programs The City of Corpus Christi is permitted to discharge stormwater runoff by a Texas Pollutant Discharge Elimination System (TPDES) Phase I Municipal Separate Storm Sewer (MS4) Permit. To comply with this permit, the City employs extensive stormwater pollution prevention programs, as well as land development programs, some of which address bacteria sources identified in this I -Plan. These programs shall be continued and modified as deemed appropriate by the City. Examples of current programs are provided at http://www.ccparkandrec. com/government/storm-water/index. •WHAT: Continuation of existing Stormwater Management Programs throughout the City will ensure the introduction of pollutants into the MS4 is minimized to the maximum extent practicable. •WHO: The City of Corpus Christi •WHERE: Cole and Ropes Parks drainage basins. •GOAL: Continue existing TPDES Permit Programs to reduce introduction of pollutants into the MS4. •WHEN: Continue the efforts of implementing TPDES Permit Programs. •HOW: Utilize adaptive management techniques to adjust and modify changes to existing programs. •COSTS/SOURCE OF FUNDS: Public Utilities Department operating budget; some programs by other City departments, included in their respective operating budgets. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, TCEQ, EPA Texas Commission on Environmental Quality 94 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 48. CA 2.1. Continue Existing Stormwater Programs. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Existing Stormwater Programs x x x Control Action 2.2: Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi employs preventive maintenance of drainage lines as stormwater best management practice to avoid or mitigate clogging of lines to ensure operational effectiveness. On a periodic basis, as well as an on-going basis, the City employs two vacuum crews to inspect and service inlets, manholes, lateral lines and main lines on a planned and emergency schedule. Each of the i8,000+ inlets in the inventory is scheduled for servicing at least once every three years; some areas, based on condition, are serviced more frequently. For example, inlets in the downtown and uptown areas are serviced on a quarterly basis. Additionally, inlets within a special events footprint, i.e., Buccaneer Days, are cleaned as soon as practical after the conclusion of the event. This inlet, manhole, and line servicing program, coupled with earthen and concrete -lined drainage channels cleaning, prevents flooding, maintains drainage system reliability, improves performance, as well as minimizes the discharge of debris and other pollutants into the receiving waters. •WHAT: Inlet cleaning, manhole, lateral line, and main line cleaning; and open - channel maintenance •WHO: The Public Utilities Department employs force account and contract to maintain the City's stormwater drainage infrastructure. •WHERE: The department routinely performs condition assessments of the drainage infrastructure. Deficiencies, noted by the condition assessments and repeated systems failures, but whose replacement/repair scope is outside Operations and Maintenance funding ability, are placed on the Capital Improvements Program (CIP) list to compete for Capital funding. •GOAL: Maintain drainage system capacity and minimize the introduction of pollutants into the drainage system •WHEN: Continuously •HOW: Through vacuum truck operations, lateral line cleaning, channel grading and debris removal Texas Commission on Environmental Quality 95 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: The Department currently operates two (2) vacuum trucks for cleaning inlets, manholes, lateral lines, and main lines. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 49. CA 2.2. Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation x x x Texas Commission on Environmental Quality 96 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 50. Summary of Control Action: Stormwater Drainage System] Control Action: Stormwater Drainage System Control Action Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Stormwater Drainage System 2.1) Continue Existing Stormwater Programs TBD City of Corpus Christi Public Utilities Department Educate public on the City's stormwater programs Tier 1- ongoing. City of Corpus Christi's Stormwater Programs are continued. Once programs are evaluated by TCEQ, implement recommendation(s) given by the TCEQ. Continue existing TPDES Permit Programs to reduce introduction of pollutants into the MS4. City stormwater programs are evaluated annually by TCEQ through the MS4 permitting process City of Corpus Christi 2.2) Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation TBD City of Corpus Christi Public Utilities Department Educate public on drainage system line cleaning, inspection, repair and rehabilitation program. Tier 1- ongoing Improved flow capacity and minimize introduction of pollutants Maintain funding for line cleaning Monitor, inspect, and repair City of Corpus Christi Texas Commission on Environmental Quality 97 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 3.0: Ordinance and Regulation Source tracking should be the FIRST implementation activity before any other engineering solutions, etc. to determine how to order/prioritize further activities. Control Action 3.1: Eliminate Residential Cross -Connections •WHAT: Conduct a pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi -family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System, e.g., the stormwater sewer lines, drainage ditches, and street curbs and gutters). A primary concern involves illegal cross -connections between the private stormwater and wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4. If the pilot project determines there is a cross -connection problem with residential homes the project should expand to other basins. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce or eliminate all illegal cross -connections within the drainage basins that discharge within the TMDL within io years. •WHEN: Develop, adopt and institute a targeted inspection program for wastewater and stormwater lines in the TMDL drainage basins in Tier 1. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, identifying all code sections relating to unpermitted work by homeowners. Identify which codes are intended for adoption or amendment during the next technical construction codes update process, and prepare and present for adoption ordinances required to update the code to meet these goals. • HOW: a. Illegal Cross -connection Inspection Program. Establish an enhanced, targeted inspection program, within the drainage basins contributing flows to the TMDL program area, to locate unauthorized cross -connections on private property to include smoke testing wastewater collection lines and stormwater lines. Problem appears to occur more frequently during repairs, replacement of underground piping, and homeowner repairs, rather than new installations subject to more rigid inspections. b. Code Updates. Review the City's technical construction codes and housing standards codes, identifying all sections that pertain or relate to the issue of Texas Commission on Environmental Quality 98 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay cross -connections. Prepare and propose to Council any ordinances necessary to update the City's Technical Construction Codes and Housing Standards Code. Amendments should provide for enhanced enforcement capabilities, fines or increased fines, and consider fees and other consequences for violating the law. c. Unpermitted Work. Review and identify all codes and criteria that allow a homeowner to do work on on-site underground piping systems without a plumbing permit. Determine how best to inform homeowners about plumbing work standards for both permitted and unpermitted work. Reconsider, if deemed appropriate, conditions under which unpermitted plumbing work is allowed. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees to be charged to the customer for costs of inspections to determine needed repairs, and needed lateral replacements at rates designed to cover the total costs to the City to administer the program. The City should explore funding/tax abatement/incentives programs to assist the City with program cost overruns in addition to grant funding of inspections, needed repairs, and lateral replacements, especially for low income property owners. (Funding issues concerning unpermitted homeowner work could be resolved by the fee being charged through the City's plumbing inspections process.) •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution and other federal, state and local laws, as applicable. •ACTIONS AND SCHEDULE: Table 51. CA 3.1. Eliminate Residential Cross -connections. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Conduct a Pilot Project to Determine if Residential Properties (Including Duplexes, Townhouses, and Similar Small Multi -Family Residential Units Under Individual Ownership with Common Areas) Are Sources of Wastewater and Other Wastes Materials that Result in the Introduction of Bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System) x Establish an Illegal Cross -connection Inspection Program x x x Code Updates x x Texas Commission on Environmental Quality 99 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 52. Summary of Control Action: Ordinance and Regulation Control Action: Ordinance and Regulation Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Ordinance and Regulation 3.1) Eliminate Residential TBD TBD Educate Tier 1. Conduct a Establish an Determine City of Corpus Cross -Connections public on residential cross- connections pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi- family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4. enhanced, targeted inspection program within the CARP drainage basins. Prepare and present to Council for adoption the ordinances that would update City's technical construction codes to address illegal cross - connections and unpermitted plumbing work number of illegal cross- connections identified vs. number of illegal cross - connections corrected. Christi Establish an enhanced, targeted inspection program Illegal cross - connection inspection program established Texas Commission on Environmental Quality 100 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity within the drainage basins contributing flows to the Code updates TMDL program area to locate unauthorized cross - connections on private property, this may include smoke testing wastewater collection lines and stormwater lines in pilot or targeted areas Establish an illegal cross - connection inspection program Implement the enhanced, targeted program. Complete review of current technical Texas Commission on Environmental Quality 101 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity construction codes. Take appropriate enforcement action if property owners do not make necessary repairs to private sewer lines. Texas Commission on Environmental Quality 102 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Sustainability The TCEQ and stakeholders in TMDL implementation projects periodically assess the results of the planned activities, along with other information, to evaluate the effectiveness of the I -Plan. Stakeholders evaluate several factors, such as the pace of implementation, the effectiveness of BMPs, load reductions, and progress toward meeting water quality standards. The TCEQ will document the results of these evaluations and the rationale for maintaining or revising elements of the I -Plan. The TCEQ and stakeholders will track progress using both implementation milestones and water quality indicators. These terms are defined as: • Water Quality Indicator — A measure of water quality conditions for comparison to pre-existing conditions, constituent loadings, and water quality standards. • Implementation Milestones — A measure of administrative actions undertaken to affect improvement in water quality. Water Quality Indicators The Texas General Land Office Texas Beach Watch Program will continue sampling for bacteria in water at Cole and Ropes Park during implementation. Additional funding will be sought to conduct supplemental monitoring in the watershed. The indicators that will be used to measure improvement in water quality are improvements in bacteria levels at Cole and Ropes Park Follow-up monitoring will be conducted within the watershed throughout the implementation schedule. The monitoring strategy will consider the spatial and temporal aspects necessary to characterize trends in water quality that result from implementing the activities in this plan. Follow-up monitoring through the Texas Beach Watch Program will also provide water quality data for evaluation of standards attainment. The monitoring program is expected to consist of routine sampling exercises that emphasize historical monitoring locations, with some potential modifications as needed. Water quality monitoring and data collection will occur routinely throughout the year. As stated in the TMDL report, the summer season represents the critical condition, during which time the study area has the highest levels of contact recreation. The TMDL and respective reductions are based on the critical condition. CCS, with support from the TCEQ, began a three-year monitoring regime in May 2011. The objective of this monitoring was to provide data for characterizing Enterococcus Texas Commission on Environmental Quality 103 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay bacteria loads at the impaired beaches. The project goals required the collection of supplementary Enterococcus data in Corpus Christi Bay. Data collection specifically targeted beaches at Cole Park (Segment 2481CB_o3), Ropes Park (Segment 2481CB_o4), Emerald Beach (Segment 2481CB_o7), McGee Beach (Segment 2481CB_o5), Poenisch Park (Segment 2481CB_o6), Corpus Christi Beach (Segment 2481CB_o2), and University Beach (Segment 2481CB_o8). Monitoring plan included routine bacteria sampling, rain event sampling, rainfall data collection, sediment cores, and beach use surveys. (https: //www.tceq.texas.gov/waterquality/tmdl/97-corpusbeachesbacteria.html) The CCS was responsible for coordinating the monitoring activities for the TCEQ at these beaches. The data from these activities are included in the TCEQ's Surface Water Quality Monitoring database (SWQMIS), which houses the primary data used for the state's biennial assessment of water quality. The CCS collected water samples as described in the Quality Assurance Project Plan for the study area. The data was analyzed by CCS and the TCEQ. The TCEQ will assess Cole and Ropes Parks beaches every two years as part of updating the Integrated Report. If the Texas Surface Water Quality Standards criteria for contact recreation are revised or water quality changes at these beaches are observed, this plan will be modified. This management strategy allows stakeholders to learn and adapt the plan as progress is made. The ultimate goal is for the AUs of both Cole and Ropes Parks beaches is to meet water quality standards for contact recreation. If sufficient reductions in Enterococcus are not observed, the stakeholders will reevaluate the potential sources identified in the TMDL and adapt the I -Plan as appropriate. Implementation Milestones Implementation tracking provides information that can be used to determine if progress is being made toward meeting goals of the TMDL. Tracking also allows stakeholders to evaluate actions taken, identify those which may not be working, and make any changes that may be necessary to get the plan back on target. Schedules of implementation activities and milestones for this I -Plan are included in Appendix A. Communication Strategy Communication is necessary to ensure stakeholders understand the I -Plan and its progress in restoring water quality conditions. The TCEQ will disseminate the information derived from tracking I -Plan activities to all interested parties, organizations, and individuals. The TCEQ will report results and evaluations from implementation tracking to stakeholders as needed. The TMDL Program will summarize all actions taken to address the impairment and will report trends observed in the water quality data collected to Texas Commission on Environmental Quality 104 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay track the progress of implementation as needed. Responsible parties are committed to providing appropriate information to the TCEQ to update these progress assessments and communicating information at annual meetings. In accordance with the Clean Water Act §319, the state must annually report to USEPA on success in achieving the goals and objectives of the Texas Nonpoint Source Management Program, including progress in implementing the NPS portion of TMDLs. The TCEQ and TSSWCB jointly publish Managing Nonpoint Source Water Pollution in Texas: Annual Report, which highlights the state's efforts during each fiscal year to collect data, assess water quality, implement projects that reduce or prevent NPS pollution, and educate and involve the public to improve the quality of water resources. Information derived from tracking and review activities of this I -Plan will be reported in each annual report. Previously published annual reports are available at <www.tceq.texas.gov/waterquality/nonpoint-source/mgmt-plan/annual-reports.html> . The TCEQ will host annual meetings for up to five years so stakeholders may evaluate their progress. Stakeholders and responsible parties will continue to take part in annual meetings over the five-year period to evaluate implementation efforts. At the completion of the scheduled I -Plan activities, stakeholders will assemble and evaluate the actions, overall impacts, and results of their implementation efforts. Texas Commission on Environmental Quality 105 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay References EPA 2001. Protocol for Developing Pathogen TMDLs. <www.epa.gov/owow/tmdl/ pathogen_all.pdf>. EPA 2003. Nonpoint Source Program and Grants Guidelines for States and Territories. <www.epa.gov/fedrgstr/EPA-WATER/2003/October/Day-23/w26755.htm>. EPA 2010. Implementing Agricultural Best Management Practices Improves Water Quality. Nonpoint Source Program Success Story. Sawyer, C.B., W.R. English, J.C. Hayes, L.W. Jolley, C.J. Post, W. C. Bridges, Jr. 2010. Bacteria in Construction Site Sediment Basins. In Proceedings of the 2010 South Carolina Water Resources Conference, October 13-14, 2010, Columbia Metropolitan Convention Center. 5 pp. Schueler„ T. D. Hirschman, M. Novotney, and J. Zielinski. 2007. Urban Stormwater Retrofit Practices. Urban Subwatershed Restoration Manual No. 3, Version 1.o. Prepared for Office of Wastewater Management, U.S. Environmental Protection Agency. 262 p. Skinner, J.F., J. Kappeler, J. Guzman. 2010. Regrowth of Enterococci & Fecal Coliform in Biofilm. http://www.stormh2o.com/SW/Articles/Regrowth of Enterococci Fecal Coliform i n Biofilm 11o64.aspx TCEQ. 2016. Two Total Maximum Daily Loads for Bacteria in Corpus Christi Bay (Recreational Beaches), Segment 2481CB, Assessment Units 2481CB o3 and 2481CB o4. Texas Commission on Environmental Quality. 79 pp. Yang L., B. Lin, and R. A. Falconer. 2008. Modelling Enteric Bacteria Level in Coastal and Estuarine Waters. In Proceedings of the Institution of Civil Engineers Engineering and Computational Mechanics 161: 179-186. Texas Commission on Environmental Quality 106 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix A. I -Plan Matrix Texas Commission on Environmental Quality 107 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table A-1. CARP Watershed Monitoring and Assessment — Implementation Schedule and Tasks Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years 1. Education and Outreach 1.1 General Awareness Create and Utilize Public Education Materials Create and Utilize Appropriate Public Service Announcements (PSA) Conduct Public presentations 1.2 Leave It Better Than you Found It Reinforce and Support "Leave It Better Than You Found It" Media Campaign Increase support for TGLO Adopt -A -Beach. Create Adopt -A -Bay, Watershed, etc. Engage local leaders to address City wide litter problem Engage local businesses to support clean initiatives and post "Leave It Better Than You Found If campaign signs 1.3 Pet Waste Disposal Awareness Pet Waste Stations Public Service Announcements (PSA) Create info both for local events Distribute educational materials and kits to pet businesses and services 1.4 Prevent Intentional Dumping and Disposal SponsorTIDRC workshop in Corpus Christi annually Hunting and fishing organization education and outreach annually Coordination with City Solid Waste Department quarterly Slow the Flow (Low Impact 1.5 Development) Initiative Provide LID workshop for local designers and engineers Promote benefits of LID through Social Media Incorporate LID into other outreach presentations Texas Commission on Environmental Quality 108 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years 2. Monitoring 2 1 Continue Sampling Enterococcus Levels at Cole and Ropes Parks Texas Beach Watch Sampling Collect Rainfall Data Near Cole and 2.2 Ropes Parks Planning and implementation in smaller pilot project area Data management and maintenance Conduct Stormwater Outfall Flow 2.3 Sampling P g Planning and implementation in smaller pilot project area Planning for entire Cole and Ropes Parks basin Project implementation for entire Cole and Ropes Parks basins Data management and maintenance 3. Research 3.1 Evaluate Methods to Remove Bacteria With Green Infrastructure Initiate feasibility study Develop recommendations at completion of study 3.2 Bacterial Source Tracking Sample collection; pre -rain event FIRST PRIORITY Sample collection; post -rain event FIRST PRIORITY Evaluate the Effectiveness of Public 3.3 Utilities Programs and Projects in Reducing Bacteria Evaluate program and project effectiveness through monitoring Texas Commission on Environmental Quality 109 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Promote New Data Analysis Method 3.4 for Regulatory Justification for Listing Beaches on the 303(d) List Recommend change to data review methodology for regulatory purposes Identify Water Flow Patterns in 3.5 Corpus Christi Bay at Cole and Ropes Parks by Use of Dye Testing Planning and implementation of dye testing procedure Change Sampling Date of Current 3.6 Texas Beach Watch Program to be More Protective of Public Health TX Beach Watch sampling day change 4. Wastewater Collection Systems Enhance Existing Fats, Oil & Grease 4.1 (FOG) Program Food service HEM monitor ng Food service grease interceptor maintenance enforcement Continue the Notification System for 4.2 Monitoring Sanitary Sewer Overflows (SSOs). Continue SSO reporting Develop list -serve Create notification system Expand Collection System Line 4.3 Cleaning, Inspection, Repair, and Rehabilitation Customer response on-going Review funding for line cleaning through annual budget process Increase funding for smoke testing through annual budget process 4.4 Implement an Ongoing Inflow and Infiltration Study Determine flow monitoring site locations on-going Conduct flow monitoring on-going Perform data collection and analysis on-going Texas Commission on Environmental Quality 110 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Rank sub -basins Prepare sanitary sewer evaluation survey Complete 1/1 study report 4.5 Conduct Hydraulic Modeling of Collection System Phase 1: Oso, Greenwood, and Broadway VWUTP basins: conduct flow monitoring Phase 1: Oso, Greenwood, and Broadway VW TP basins: data collection and analysis Ranking of sub -basins based on I/I Contract complete Development of prioritized system improvement program 5. Stormwater Drainage System Determine Effectiveness of 5.1 Stormwater Retrofits to Remove Bacteria Pilot project Develop recommendations at completion of study Continue Major Outfall Assessment 5.2 and Repair Program as Funding Allows Focused outfall assessment program within CARP drainage basins Develop recommendations et completion of assessment 5.3 Support and Encourage Adoption of Stormwater Master Plan Adopt stormwater master plan 6. Ordinance and Regulation Residential Leaking/Broken Private 6.1 Sewer Laterals Pre -Sale Inspection/Testing Program Prepare and present for adoption ordinances necessary to establish pre -sale inspection program for private sewer lines within CARP drainage basins during next code revision process Complete review of current technical construction codes Texas Commission on Environmental Quality 111 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections during next code revision process Implement program Determine number of broken/ leaking private sewer lines identified vs number of broken/ leaking private sewer lines corrected 6.2 Commercial Cross -Connection Inspection Program Complete ordinance review and amendment adoption process Complete review of current technical construction codes Prepare and present for adoption ordinances necessary to establish an enhanced, targeted inspection program to locate unauthorized cross -connections for private sewer lines within CARP drainage basins which may include smoke testing wastewater collection lines and stormwater lines during next code revision process Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections during next code feVi51on pfOCe55 Complete inspection of target drainage basins Determine number of illegal cross -connections identified vs number of illegal cross - connections corrected Commercial Leaking/ Broken Sewer 6.3 Laterals Pilot Inspection/ Testing Program Complete ordinance review and amendment adoption process within 2 years of 1 -Plan adoption Complete review of current technical construction codes during next code revision process Evaluate adequacy of City's current certificate of occupancy program to address property infrastructure issues, especially upon change of ownership or tenants; consider adoption of City business permit system To begin with program commencement Prepare and present for adoption ordinances necessary to establish an enhanced, targeted pilot program to inspect for leaks and broken private sewer lines within CARP drainage basins within 2 years of 1 -Plan adoption Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections during next code revision process Texas Commission on Environmental Quality 112 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Determine number of broken/ leaking private sewer lines identified vs number of broken/ leaking private sewer lines corrected Evaluation will take' place aftertestudy is compContinue 6.4 Improved Grease Trap Standards grease trap, grit trap, and oil/water separator inspection program on-going Complete review of City's technical construction code provisions related to grease traps, grit traps, and oiVwater separators Prepare and present for adoption any necessary changes to the City's technical construction code provisions related to grease traps, grit traps, and oi/water separators during next technical constructioncodes update process Determine number of grease traps, grit traps, and oil/water separators that do not operate at appropriate levels vs number of grease traps, grit traps, and oil/water separators repaired or replaced o begin with program tcommencement Strengthen Current Animal Control 6.5 Ordinances Relating to Removal and Disposal of Pet Waste Review animal control ordinances adopted in other communities within ears of I -Plan adoption Prepare and present for adoption appropriate amendments to City's animal control ordinances within 2 years o -Plan adoption Evaluate number of complaints investigated, number of enforcement actions taken toobegi �wiith p `ogram cmmceme 6.6 Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals Review animal control ordinances adopted in other communities within hi n2 years of I -Plan Prepare and present for adoption appropriate amendments to City's animal control ordinances adoptionwithin2years of I -Plan Make pet waste enforcement a policy priority, or at least a function, within the City's police department, not limited to code compliance department within 1 year of I -Plan adoption Evaluate number of complaints investigated, number of enforcement actions taken to begin with program commencement 6.7 Install Additional Signage Install additional signage with n 1 year of l -Plan Texas Commission on Environmental Quality 113 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Develop Advisement Protocol to Wam the Public of Periodically Elevated Bacteria Levels, as Anticipated by 6.8 Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall. Prepare and present for adoption ordinances setting standards for issuing general and specific public health safety advisories on the contact recreational use of bay waters with bacterial contamination following major rain events within 1 year of I -Plan adoption and obtaining affectede supportstakeholders akeholders Restrict Access to Bay Waters from City Parks and Other Bay Front City 6.9 Properties DuringPeriods of Public P Health Risk Prepare and present for adoption an ordinance authorizing City Manager to restrict access to targeted baywaters for contacts recreation when there is a significantpublic health risk 9 9 within 1 year of I -Plan adoption eribasnp t on stakeholder input 6.10 Adopt and Enforce Additional Ordinances Prepare and present for adoption ordinances related to solid waste that address: increased receptacles on commercial and public properties, more commercial waste service, dumpster maintenance and sanitation, reduced plastic bag usage, and fugitive waste on City service routes. within 2 years of adoption of I -Plan Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will 6.11 Reduce Volumes of Stormwater Runoff from Areas of New Development or Significant Redevelopment Review LID standards adopted byother communities. P within 3 years of adoption of 1 -Plan Prepare and present for adoption ordinances to amend City's Unified Development Code to encourage LID. within 3 years of adoption of 1 -Plan Control Action Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years 1. Wastewater Collection Systems Continue Existing Fats, Oil & Grease 1.1 (FOG) program Continue current Food Service Hexane Extractible Material (HEM) monitoring program on-going Continue current Food Service Grease Interceptor maintenance enforcement on-going Texas Commission on Environmental Quality 114 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Continue Monitoring Sanitary Sewer 1.2 Overflows (SSOs) Continue SSO reporting to TCEQ on-going Report SSOs to interested and affected groups Continue Collection System Line 1.3 Cleaning, Inspection, Repair, and Rehabilitation Respond to affected areas identified by cleaning, closed circuit television inspection, smoke detection surveys, and customer complaints on-going Review funding for line cleaning through annual budget process Increase funding for smoke testing through annual budget process 2. Stormwater Drainage System 2.1 Continue Existing Stormwater Programs Continue TPDES MS4 Programs on-going 11 Continue Drainage System Line 2.2 Cleaning, Inspection, Repair, and Rehabilitation Continue maintenance stormwater inlets, manholes, lateral lines, and main lines, as well as open -channel maintenance according to service schedule, special events, emergency on-going response, and customer response III Maintain funding for line cleaning through annual budget process 3. Ordinance and Regulation Eliminate Residential Cross- 3.1 Connections Complete ordinance review and amendment adoption process Complete review of current technical construction codes Prepare and present for adoption ordinances necessary to establish an enhanced, targeted inspection program to locate unauthorized cross -connections for private sewer lines within CARP drainage basins which may include smoke testing wastewater collection lines and stormwater lines Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections and unpermitted plumbing work durinn go neprocess#codeor within 2 years of 1 -Plan adoption Texas Commission on Environmental Quality 115 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Tier 1 Activity 1-5 years Tier 2 5-10 years Tier 3 10-15 years Conduct a pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi -family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System Establish an enhanced, targeted inspection program within the drainage basins contributing flows to the TMDL program area to locate unauthorized cross -connections on private property, this may include smoke testing wastewater collection lines and stormwater lines in pilot or targeted areas Implement targeted program within CARP basins Complete inspection of target drainage basins Determine number of illegal cross -connections identified vs number of illegal cross - connections corrected Texas Commission on Environmental Quality 116 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix B. Load Reduction Estimates Texas Commission on Environmental Quality 117 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Load Reduction Estimates Table B-1. CARP Watershed Load Reduction Estimates Texas Commission on Environmental Quality 118 Peer Review Draft, Month, Day, Year Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction 1.0. Education and Outreach Management Measure 1.1 General Awareness TBD TBD TBD TBD Management Measure 1.2 Leave It Better Than You Found It TBD TBD TBD TBD Management Measure 1.3 Pet Waste Disposal TBD TBD TBD TBD Management Measure 1.4 Prevent Intentional Dumping and Disposal TBD TBD TBD TBD Management Measure 1.5 Slow the Flow (Low Impact Development) Initiative TBD TBD TBD TBD 2.0. Monitoring Management Measure 2.1 Continuing Sampling Enterococcus Levels at Cole and Ropes Park NA NA NA NA Management Measure 2.2 Collect Rainfall Data Near Cole and Ropes Parks NA NA NA NA Management Measure 2.3 Conduct Stormwater Outfall Flow Sampling NA NA NA NA 3.0 Research Management Measure 3.1 Evaluate Methods to Remove Bacteria with Green Infrastructure TBD TBD TBD TBD Management Measure 3.2 Bacterial Source Tracking TBD TBD TBD TBD Management Measure 3.3 Evaluate the Effectiveness of Public Utility Programs and Projects in Bacteria Reductions TBD TBD TBD TBD Management Measure 3.4 Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List TBD TBD TBD TBD Management Measure 3.5 Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes TBD TBD TBD TBD Texas Commission on Environmental Quality 118 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 119 Peer Review Draft, Month, Day, Year Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction Pars by the use of Dye Testing Management Measure 3.6 Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health TBD TBD TBD TBD 4.0. Wastewater Collection Systems Management Measure 4.1 Enhance Existing Fats, Oil & Grease (FOG) Program TBD TBD TBD TBD Management Measure 4.2 Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSO's) TBD TBD TBD TBD Management Measure 4.3 Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation TBD TBD TBD TBD Management Measure 4.4 Implement an Ongoing Inflow and Infiltration Study TBD TBD TBD TBD Management Measure 4.5 Conduct Hydraulic Modeling of Collection System TBD TBD TBD TBD 5.0. Stormwater Drainage System Management Measure 5.1 Determine Effectiveness of Stormwater Retrofits to Remove Bacteria TBD TBD TBD TBD Management Measure 5.2 Continue the Major Outfall Assessment and Repair Program as Funding Allows TBD TBD TBD TBD Management Measure 5.3 Support and Encourage the Adoption of Stormwater Master Plan TBD TBD TBD TBD 6.0. Ordinances and Regulations Management Measure 6.1 Residential Leaking/Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program TBD TBD TBD TBD Management Measure 6.2 Commercial Cross -connection Inspection Program TBD TBD TBD TBD Management Measure 6.3 Commercial Leaking/Broken Sewer Laterals Pilot Inspection/Testing Program TBD TBD TBD TBD Texas Commission on Environmental Quality 119 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 120 Peer Review Draft, Month, Day, Year Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction Management Measure 6.4 Improved Grease Trap Standards TBD TBD TBD TBD Management Measure 6.5 Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes TBD TBD TBD TBD Management Measure 6.6 Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals TBD TBD TBD TBD Management Measure 6.7 Install Additional Signage TBD TBD TBD TBD Management Measure 6.8 Develop Advisement Protocol to Wam the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall TBD TBD TBD TBD Management Measure 6.9 Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties during Periods of Public Health Risks TBD TBD TBD TBD Management Measure 6.10 Adopt and Enforce Additional Ordinances TBD TBD TBD TBD Management Measure 6.11 Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff from Areas of New Development or Significant Redevelopment TBD TBD TBD TBD 1.0. Wastewater Collection Systems Control Action 1.1 Continue Existing Fats, Oil & Grease (FOG) Program TBD TBD TBD TBD Control Action 1.2 Continue Monitoring Sanitary Sewer Overflows (SSOs) TBD TBD TBD TBD Control Action 1.3 Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation TBD TBD TBD TBD 2.0. Stormwater Drainage System Control Action 2.1 Continue Existing Stormwater Programs TBD TBD TBD TBD Control Action 2.2 Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation TBD TBD TBD TBD Texas Commission on Environmental Quality 120 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction 3.0. Ordinances and Regulations Control Action 3.1 Eliminate Residential Cross -Connections TBD TBD TBD TBD Texas Commission on Environmental Quality 121 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix C. Formal Support for the I -Plan Texas Commission on Environmental Quality 122 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Formal Support for the I -Plan [Insert letters and resolutions] Texas Commission on Environmental Quality 123 Peer Review Draft, Month, Day, Year AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 9, 2016 TO: FROM: Margie C. Rose, City Manager Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement to reimburse developer for the City's cost to extend Lipes Boulevard CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with Staples Development, LLC., ("Developer"), to reimburse the Developer up to $143,661.75 for the City's share of the cost to extend Lipes Boulevard, in accordance with the Unified Development Code. PURPOSE: Staples Development, LLC., will extend Lipes Boulevard. The subdivision is located north along Lipes Boulevard, east of Cimarron and west of Airline Road. BACKGROUND AND FINDINGS: The developer, Staples Development, LLC., is developing the final phase of a multi - phased single-family residential subdivision named Manhattan Estates Unit 7 Subdivision. The subdivision is located north along Lipes Boulevard, east of Cimarron and west of Airline Road. Manhattan Estates Unit 7 will contain 33 single-family residential lots. The Planning Commission approved the plat for Parkview Unit 5 on June 3, 2015. The participation agreement is for half -street construction along Lipes Boulevard and for the required extra thickness of the asphalt on North Oso Parkway. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding Lipes Boulevard for new subdivision as provided in the Unified Development Code and Urban Transportation Plan. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue • •Capital ❑ Not Applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 1,391,965.52 723,964.69 2,327,179.86 This item 143,661.75 143,661.75 BALANCE $395,088.60 $108,034.48 $ 26,035.31 $529,158.39 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution with Agreement Maps RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH STAPLES DEVELOPMENT, LLC., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $143,661.75 FOR THE CITY'S SHARE OF THE COST TO EXTEND LIPES BOULEVARD, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with Staples Development, LLC., ("Developer"), for the CITY's portion of the cost of Lipes Boulevard, including all related appurtenances, for development of Manhattan Estates Unit 7 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- Staples Development, LLC. -Manhattan Estates Unit 7 Participation Agreement Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- Staples Development, LLC. -Manhattan Estates Unit 7 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and Staples Development, LLC., ("Developer"), a Texas Limited Liability Company. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a 16.607 acre tract of land, more or less, a portion of Lots 27, 28 & 29, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Manhattan Estates Unit 7 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 953 feet to connect with a proposed North Oso Parkway bridge roadway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $143,661.75. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF MANHATTAN ESTATES UNIT 7 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi Staples Development, LLC. Attn: Director, Development Services PO Box 8155 2406 Leopard Street 178401 Corpus Christi, Texas 78468 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be October 11, 2018. (EXECUTION PAGES FOLLOWS) Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This day of .' erviLev- Assistant City Attorney For the City Attorney , 2016. Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: Sta • les Development, LLC. Ata O. Azali Manager 9IllIb Date STATE OF TEXAS § § COUNTY OF NUECES § 16, This instrument was acknowledged before me on 5e12krnb!( 2016, by Ata O. Azali, Manager, Staples Development, LLC., a Limited bility Company, on behalf of said company. 4 1 KENE 0 SAPENTER My Commission Expires October 15, 2017 ER: Staples Development, LLC. Hossein Manager kiu AO 54p,h91--e/ Notary Public's Signature 61-- 1 (,-1° Mostaghasi Date STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2016, by Hossein George Mostaghasi, Manager, Staples Development, LLC.,, a Limited Liability Company, on behalf of said company. Notary Public's Signature Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 30 31 S61'00'00"E 78 00' 32 33 N29' 00' 00" E 14. 56' 3NB5.o aa°MRS of 60 OD 61.13 SF 903 6403 55 OD 98g SF 6g, 00_ 69025 SF 25' YR EE 50. 00• S61600. 00, 50 METS COURT NS1.00110C, 513E. 58' S61° 00' 00' E 116.00' L UE >I Qti iu q Q 59. IS 25' YR la 6697 60 EE 60 0 TR 6995 5< 6992 SF 200° O 2002 15' UE 25' YR G296 SF 60 56.66 /0 RE DEDICATION 25• r S29° 00' 00' W 62. 50' MANHATTAN ESTATES UNIT S29° 60' 61°CO` 0 13 I S61' OO' OO" E 116. 00' 294 Sr 62' 2924 SF 3.2 TR01.17 J" LD, 1Jo / N610 m O as O I 0' W 9. 41' " E 165. 28' 15. eU 729; SF 5 EE 65. 90 -1 65. Qa - o o es r I 7529 SF 2596 S I= 2599 SF _ 6900 Sr S'1 0299 Sr 1.5611 Oril L- 50. 01 15. UE Os. 123 99' . 17. 5, TREET DEDICATION N60°57'44 W 1319,82 STATE OF COUNTY OEEC6 5 WE. STAPLES DEVELOPMENT LIG. HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND WRHIN FAVORTNE BOUNDARIES OF THE FOREGOING PUT SUBJECT TO A LIEN IN THAT WE HAVE HAD SAID LAND SURVEYED AND mSIMPLE,RTHAT EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED IN FEE SF NOT PREVIOUSLYEDICATED, ARE HERESY DEDICATED TO THE PLIBUC USE FORE., AND THAT -MIS PLAT WAS MADE FOR THE PURPOSES OFDESCRIPTON AND DEDICATION BLIS RiE DAY OF STATE OF TERAs 5 COUNTY OF NUMB HOSSEIN MOST ASHASI, VICE PRESIDENT THIS INSTRUMENT ACKNOWLEDGED BEFORE ME BY ATA AZAU AS PRESIDENT OF THIS THE CAY OE 1,V1601.10 IN AND FOR OF STAPLES DEVELOPMENT LTC. STATE OF COMP( OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY HOSSEIN MOSTAGHASI AS MCE PRESIDENT THIS THE DAY OF THEASIATE OF°TFXAS 0 FOR LIP05 ,LVD. THE TARO REQUIREMENT, AS DEPICTED, ISA REQUIREMENT OF CHANCE CAS THE ZONING MAY CHANGE. DEVELOPMENT CODE D Is SUBJECT To RECEIVING2. THE WATER FOR STORM WATER RUNOFF FROM THIS PROPERTY Y. THE TOED HAS LASSIFIED THE AQUATIC LIFEUSEFOR THE THE S CSO 6EXCEPTIONAL. AND °OYSTER A MET) ALSO CATEGORIZED THE RECEIVING WATER AS .CONTACT USE. 3. SET 5/B' 0R.5 AT ALL IDT CORNERS UNLESS OTHERWISE NOTED. BEARINGS11.IE BASIS OF STHE OUTHWEST BOUNDARY LINE OF MANHATTAN ESTATE UNU I, Scl'oe'OCT, AS SHOWN. 5. THE SUBJECT SITE LIES RSUANT TO FEMA FLOOD COMMUNITY PANEL IRECT494° 0540 CP° COUNTY, TEXAS (UNINCORPORATED AREAS),), REVISED MARCH 18,1985. 6. PROHIBITED. AY ACCESS ONTO BRONX AVENUE AND LIPES BLVD. 15 2. II RJEC ATIONST SITE CONTAINS I9.607 ACRES INCLUDING STREET DEDIC D 25' 50' 100' SCALE' 1, 50' STATE OF TEXAS COUNTY OF NUECES (w.ME7 F. ON THE LAND EM n APPROVE hIE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSID,ATUNS !PERON EXPRESSED STATE OF TEXAS 000512 of Nu7GE0THIS INSTRumENT was 8 AcKmowLEDGEO BEFORE ME o� OF THIS THE DAY OF TIRE: (NAME), MTUtg MAY 1 42015 CURVE DATA a o o=14 •Do. ° ° CH -21, E1 2 N TH LLD' 19 D•R'16 ©a H eH zz ®L!,ToD5 a STATE OF %AS 4 OFCOUNTY NUECES REGISTEREDI, NIXON M WELSH, PROFESSIONAL LAND SURVEYOR CERTIFYOF BASS 66 WELSH ENGINEERING, HEREBY FOREGOING PLAT WAS PREPARED FROM A URVEY MADE ONETHE GROUND TRW AND CORRECT AND THAT WE HAVE SEEN DIRECTION, ET ALL OT CORNERS UPON WITHOUT DELAY SUBDIVISION CONSTRUCTION MEMS THLS THE DAY OF ELSN AL LAND SURVEYOR, TEXAS NUMBER 2211 LIPES BLVD. CROSSING G DR.. DN ECK ER DR LOCATION MAP PLAT OF PEI D PPG30O MCS JUN 3 2015 PLANNING COMMIS£ ON MANHATTAN ESTATES UNIT 17 A 16. 607 ACRE TR AL7 DF29. SECTION 20, FLOUR MRANO, MORE S E DR LESS A KRT.,.OF LOTS 22, 20 wHICH RECORDED IN & WO, FL.D 41 3,F GARDEN MAP RECORDS,EN S COUNTY,, TX E CORPUS CHRISTI, NUECES COUNTY, TEXAS DATE Po 4N OS g''' BASS & WELSH ENGINEERING FIRM ND. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 Exhibit 1 JOB NEL. 15004 J,SHEETSC oleo z ANE Page 1 of 2 0600— — T.s AT -061C. 75:6 SF S 44 iSan.1445r -.ate sO. Oo. 6989 SF X50 op_ F ;.1-- o� 25 ,P o m WI 96 444 YR 23 6985 SF EE 0900 5. of 3'EE 0070,, — I— 25'rR— 43 42 MANHATTAN STATES UNIT 5 S61 00' OC'E 658 63 37 a . 36 TV o, STATES LO a1A a, ux. 6985' SF 000- 19 6985 SF 60 0 7.5 DE 65 00 71 6485 SF EE_ ,6o°A°,e4902RT 25 6965 60 GO' 25' YR 6DL00_ _ Duo°, _LEE— moo' 1,5' ST. DEDICATION N29'00'00"E 17.50' N61'00'00'W 5.00' o © o O 0Oma. Ns 430 39 756'7 SF 25' YR 6928; SF 75677 SF 15 6965 SF 8 6985 SF 0205VESANTS COURT 0600— 3' E2 S5700— — 6972 SF 8 67 SF 697s27 SF k N61°00'00'W 497,4 STATE OF TOUS COUNTT 0E NUECES 6 CHRISTI. -.GS 25' YR .72 SF 625'7 SF 6974 SF 58 4 97g SF o ^ II 6942 SF i /a i %. 988V SF 751T SF 98 91' r - OE 3 0 0 24 25 STATE OF TEN. COUNTY OF NUECES KARA SANDS. CLail< OF THE COUNTY COURT IN AND FOR SAID COUNTY. DO HEREBY CERTIFT THAT THE FOREGOING INSTRUMENT DATED PIE DAY OF 20 WWI ITS CERTIFICATE OF AUTHENTICAPON, WAS FILED FOR RECORD IN MY OFFICE IRE DAY DF 20 AT O'CLOCK AND DULY RECORDED THE DAY OF 20 AT O'CLOCK IN THE MAP RECORDS OF SAID COUNTY IN VOLUME _. PAGE — INSTRUMENT NUMBER WITNESS MY HAND AND SEAL DF WIE COUNT( COURT IN AND FOR SAID COUNT, , OFFICE IN CORPUS CHRISTI. NUECES COUNTY. TEXAS. THE DAY AND YEAR LAST WWFTEN DEPUTY UE 30 6522 SF NARA SANDS, CLERK COUNTY COURT NUECES COUNIY. TEXAS 661' 00' 00° E 781. 82 91 10 7105 SF 8 DB 52 7438,6 SF (5'3536000 000 Sal SF \\ it © 4'/ — Zey 56 42' 47 61' 118 54 25' YR 29 00 55 00' 7.5 UE 36, OCT 00, 502 56 METS CCOURT n0 061.00' 00 6 790 SF 17. 5' STREET BED/ ICI 000 o' S' L_15' UE 60 30, 0O LIPES BLVD DEVELOPMENT SERVICES ENGINEER DATE STATE OF TE4,9 g COUNTY OF NUECES g THIS THE DAY OF 20 Exhibit 1 960'57 44"W 1319.82 25' S0' to0' SCALE. 1'= 50' I?PBCo fit^ 1I JUN 3 201. PLAT OF MANHATTAN ESTATES UNIT 7 (CONTINUED) CORPUS CHRISTI, NUECES COUNTY, TEXAS MISVP PLANNING COMM BASS 6 WELSH ENGINEERING FIRM N0. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 IJ SIGN Page 2 of 2 BRONX DR. 25' BC 37. 5' HALF ROW - GA-lg S3d I1 AIRLINE CROSSING DRIVE GIANTS DRIVE` aria S3dI7 70ti 42 41 40 39 38 37 36 35 34 33 O 6 N 14 15 16 17 18 19 20 PROPOSED MANHATTAN ESTATES UNIT 7 O 21 22 23 0 100' 200' 400' SCALE: 1"= 200' EXHIBIT SHOWING LIPES BLVD. IMPROVEMENTS 1"=200' .ati' 'af r� r or • M. wE SH \,HIXON 36240 ::, IOW. tuang. Exhibit 2 BASS AND WELSH ENGINEERING E CORPUS CHRISTI, TX / / SURVEY REG. NO. 100027-00, 04 13 16 TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 15004, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 04/1 v16a 2 eH1 OT 1 57.5' STREET ROW 20' EDGE OF PAVEMENT ELEVATI❑N SHALL NOT BE NOT MORE THAN 3" BELOW NG -\ NG GRADE 4: 1 TO MEET NG 37. 5' CL FUTURE 75' STREET ROW 25' BC 12.5' TRANSVERSE SLOPE 2Z TO 4Z 1.0' TYP. 8" CRUSHED LIMESTONE BASE TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025222 "FLEXIBLE BASE - HIGH STRENGTH". COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT NOT LESS THAN 1% POINT BELOW OPTIMUM MOUSTURE NOR MORE THAN 3% POINTS ABOVE OPTIMUM MOISTURE. EXTEND TO 2' BC. 4" MIN. THICKNESS BENEATH C&G AND TO 2' BC 4' WIDE R/C WALK COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY 6" CITY STD. R/C CURB AND GUTTER 2" TYPE "D" HMAC SURFACE COURSE ON PRIME COAT © 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 8" LIME STABILIZED SUBGRADE TO 2' BC AND COMPACTED TO 98% STANDARD PROCTOR DENSITY WITHIN TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE ON THE HIGH SIDE. LIME SHALL BE APPLIED AT THE RATE OF 27 LB/SY. 8" THICKNESS BENEATH C&G AND TO 2' BC TYPICAL HALF -STREET SECTION - LIPES BLVD (57.5' ROW) LOOKING NORTHWEST, STA 1+45 TO STA 8+67 Exhibit 2 NTS BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT1, JOB NO. 15004, SCALE: NONE, PLOT SCALE: 1 '=60', PLOT DATE: 4/11 aaeH2 Ot QF 1 75' STREET ROW 11' 50' BB STREET CL STREET ROW 25' 25' EXISTING PAVING MATCH EXISTING PAVING AT JUNCTION OF EXISTING AND PROPOSED PAVING -' 2% 8" CRUSHED LIMESTONE BASE TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025222 "FLEXIBLE BASE - HIGH STRENGTH". COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT NOT LESS THAN 1% POINT BELOW OPTIMUM MOUSTURE NOR MORE THAN 3% POINTS ABOVE OPTIMUM MOISTURE. EXTEND TO 2' BC. 4" MIN. THICKNESS BENEATH C&G AND TO 2' BC - VARIES /EXISTING PAVING EXTENDS INTO NORTHEAST HALF OF STREET ROW IN SOME PLACES, SEE PLAN 1% - 4% 1.0' TYP. 2% OMNI 4' WIDE R/C WALK 6" CITY STD. R/C CURB AND GUTTER 2" TYPE "D" HMAC SURFACE COURSE ON PRIME COAT © 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT). VERIFY 1 - 4% FALL BEFORE CONSTRUCTING C&G 8" LIME STABILIZED SUBGRADE TO 2' BC AND COMPACTED TO 98% STANDARD PROCTOR DENSITY WITHIN TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE ON THE HIGH SIDE. LIME SHALL BE APPLIED AT THE RATE OF 27 LB/SY. 8" THICKNESS BENEATH C&G AND TO 2' BC TYPICAL STREET SECTION - LIPES BLVD (75' ROW) LOOKING NORTHWEST, STA 8+67 TO STA 19+67.26 Exhibit 2 NTS BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT2, JOB NO. 15004, SCALE: NONE, PLOT SCALE: 1'=60', PLOT}DATE: 4/13116, aaeHi o QF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 MANHATTAN ESTATES UNIT 7 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 09/01/15 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 6665 LF 14.00 93,310.00 2. 4" R/C WALK 27047 SF 4.00 108,188.00 3. 2"HMAC 11746 SY 17.50 205,555.00 4. 8" CRUSHED LIMESTONE BASE TO 2'BC 4632 SY 17.50 81,060.00 5. 6" CRUSHED LIMESTONE BASE TO 2'BC 10095 SY 13.25 133,758.75 6. 8" LIME STABILIZED SUBGRADE TO 2'BC 14727 SY 8.00 117,816.00 7. STREET SIGNS 6 EA 250.00 1,500.00 8. EXCAVATION 1 LS 60,000.00 60,000.00 9. CLEARING & GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET & SURFACE ITEMS $805,187.75 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10" PVC PIPE 114 LF 54.00 6,156.00 2. 8" PVC PIPE 1831 LF 48.00 87,888.00 3. 4" OR 6" PVC SS SERVICE 75 EA 450.00 33,750.00 4. DROP CONNECTION 7 LF 600.00 4,200.00 5. DEEP CUT SERVICE CONNECTION 2 EA 500.00 1,000.00 6. FG MANHOLE 6 EA 3,500.00 21,000.00 TOTAL SANITARY SEWER ITEMS $153,994.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 179 LF 32.00 5,728.00 2. 15" HDPP 1057 LF 32.00 33,824.00 3. 18" RCP 264 LF 38.00 10,032.00 4. 18" HDPP 211 LF 38.00 8,018.00 5. 27" RCP 216 LF 50.00 10,800.00 6. 5' INLET 11 EA 3,200.00 35,200.00 7. MANHOLE 1 EA 4,000.00 4,000.00 8. ADJUST MANHOLE TOP 2 EA 2,500.00 5,000.00 TOTAL STORM SEWER ITEMS $112,602.00 Exhibit 3 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 361 882-5521-- FAX 361 882-1265 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" TAPPING SADDLE W/2" TAPPING GATE VALVE & BOX 1 EA 1,000.00 1,000.00 2. 6" PVC WTR 2396 LF 32.00 76,672.00 3. 6" TEE 3 EA 400.00 1,200.00 4. 6" CAP TAPPED FOR 2" 3 EA 300.00 900.00 5. 6" X 2" DOUBLE STRAP CONNECTOR 3 EA 250.00 750.00 6. 6" 90°EL 4 EA 200.00 800.00 7. 6" GATE VALVE W/BOX 6 EA 975.00 5,850.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 150.00 1,350.00 9. FIRE HYDRANT ASSEMBLY 3 EA 3,300.00 9,900.00 10. 6" CROSS 1 EA 500.00 500.00 11. 2" PE PIPE 431 LF 20.00 8,620.00 12. 2" CORP STOP W/BOX 3 EA 200.00 600.00 13. WATER SERVICE SINGLE 5 EA 550.00 2,750.00 14. WATER SERVICE DOUBLE 35 EA 650.00 22,750.00 15. REMOVE AND RELOCATE FH 1 LS 2,500.00 2,500.00 TOTAL WATER ITEMS $136,142.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 8,000.00 8,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 5747 LF 3.00 17,241.00 3. 4" PVC CONDUIT FOR AEP 200 LF 25.00 5,000.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $30,241.00 $1,238,166.75 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 MANHATTAN ESTATES UNIT 7 OVERSIZE LIPES BLVD. COST ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 12/22/15 361 882-5521-- FAX 361 882-1265 STREET AND SURFACE ITEMS REIMBURSEABLE BY CITY FOR OVERSIZING LIPES BLVD. FROM 28'BB EQUIVALENT STREET TO 501BB EQUIVALENT STREET (ONE SIDE OF STREET ONLY) QUANTITY UNIT UNIT PRICE AMOUNT 1. 2"HMAC 2189 SY 17.50 38,307.50 2. 8" CRUSHED LIMESTONE BASE 2985 SY 17.50 52,237.50 3. 8" LIME STABILIZED SUBGRADE 2985 SY 8.00 23,880.00 4. EXCAVATION 1 LS 6,000.00 6,000.00 5. CLEARING & GRUBBING 1 LS 3,000.00 3,000.00 6. PAVEMENT STRIPING 1 LS 6,000.00 6,000.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING TOTAL $129,425.00 $14,236.75 $143,661.75 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of Carpus Christi. Texas City of Development Services Ci Ly of P O. Box 9277 Corpus Chnsu,Texas 78469-9277 (31) 826-3240 Corpus Located at6 2406 Leopard Street Christi (Corner of Leopard St. and Pon Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". 1 /� NAME: XI A.. b Z / v, STREET: A - — CITY: n t2 7US �/SjP / �' ;ZIP: FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner association [/Other G I. C , 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) /rh A' R 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 / Ac-) 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, Texasss cjianges occur. Certifying Person: (Print) Signature of Certifying Person: R� `lls�lr K.VDEVELUPMCNT5VCSSIiARCD\L, ND DEVELOPMENIWRDINANCC ADMINISTRATION APPLi•-AT1 STATF.MFNTI 27 12 -DOC Exhibit 5 Title: Date: RMSIFUR, S AS PER LEGAL522(II25DISCLOSURE OF IN1tRESTS Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest`. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K WEVELOPMENTSVCS'SHAREDLLAND DE% FLOPMEN rORDINANCE AO IINISTkAT1OMAPPL1CATION FORMS\FORINS AS PER LEGAL12o12 bISCLOSURE OF INTERESTS STATEMENT1 27 12 DOC Page 2 of 2 Exhibit 5 tratookkoasoklasols City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O Dos 9277 Corpus Christi. Texas 78469-9277 (361) 826-3240 Located at• 2406 Leopard Street (Corner of Lcopiu(' Si. MA 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". t_ NAME: tyi1)S-5 IIY\ C-'epryy�, II tioS Y]o4SU STREET: 0 Dal -00 13(41-- ke. `boo CITY: CoriXtS MNl' X54 t ZIP: 784/176 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner El Association ['Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 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 #he.subject of this contractand has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure o = ny information requested; and that supplemental statements will be promptly submitted to the City of Corpus Ch Texas as changes occur. Certifying Person: • E nl 110571-44051 (Print) Signature of Certifying Person: Title: CIO I -n Date: TS lip K:SDEVELOrMENTSVCSLSHAREDILAND DEVELOPMEN (ORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAL.2OI2lD1SCLOSURE OF INTI=REsTs STATFMF7*i4.2712TH)t Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. 'Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Finn" 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. I:. SDEVELOPMENTSVCSSIIARED\LAND DEVELOPMENT\oRD1NANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAL 2012\DISCLOSL'RE OF INTERESTS STATEMENT! 2712 DOC Page 2 of 2 Exhibit 5 ofh1S provided l,y Texas Ethics Commission www.eth ics.state.tx. us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1. - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-44628 Date Filed: 04/25/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Staples Development, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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. Manhattan Estates Unit 7 Participation Agreement 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 n 6 AFFIDAVIT i40. I swear, or affirm, under penalty of perju , • 4.4_DSS ) /`f Ol Th t; 15) hat the above disclosure is true and correct. , , JENNIFER !`' Notary ELAINE CAIIALES Public of TEXAS Ex 11.26.201E f SEAL ABOVE before me, by the said witness my hand *• :,► STATE . M Comm. AFFIX NOTARY STAMP Sworn to and subscribed 20 t , to certify which, Signature of authorized agent of contracting business entity 4, IN. QSrthis the ph day ofPcir 1 V and seal of office. —Nyt\n\ r Lice ria ramie s w Y t Signatu a of o icer administering oath Printed name of officer administering oath Title of officer admini to ' g oath 1 ofh1S provided l,y Texas Ethics Commission www.eth ics.state.tx. us Version V1.0.1021 orms provi ea by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 ot 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 CERTIFICATION USE ONLY OF FILING Number: 1 Name of business entity filing form, and the city* state and country of the business entity's place of business. Staples developement LLC corpus christi, TX United States Certificate 2016-45375 Date Filed: 04/26/2016 Date Acknowledged: 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. Manhattan unit 7 street participation agreement 4 Name of Interested Party City, State,CountryNature (place of business) of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE Swor and subscribed before me, by the said % I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. a , ign• - f aut prized e • contracts ! business entity ,4- C . { i►4i � ' ay of �, 20 / , to certify which, witness my hand and seal of office. PEZ (:° NotID# ry48Pu lic-5 1 < Y °�e t ROSIENOPublic � Notary Publio .. STATE OF TEXAS „ e/My Comm. Exp. 02-15-2017 > p 0 {Ce'r - s , ..11r6111111,/ Signature of outer admi ' • g olar j Si Printed name of officer - administering oath Tide of officer administering oath orms provi ea by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Vicinity Map VICINITY MAP MANHATTAN ESTATES UNIT 7 El - MANHATTAN ESTATES UNIT 7 1 Aerial Overview AERIAL OVERVIEW MANHATTAN ESTATES UNIT 7 t N Aerial AERIAL MAP MANHATTAN ESTATES UNIT 7 3 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2016 DATE: TO: Margie C. Rose, City Manager September 27, 2016 FROM: Daniel McGinn, Interim Director of Development Services & Assistant Director of ESI DanielMc@cctexas.com (361) 826-3595 Coastal Bend Mitigation Action Plan Annual Update STAFF PRESENTER(S): Name 1. Julio Dimas OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Department Assistant Director Development Services Title/Position Organization BACKGROUND: Provide an annual report to the City's portion of the Coastal Bend Mitigation Action Plan (CBMAP). The CBMAP is a multi -jurisdictional mitigation action plan that was first adopted in 2006. As a requirement of the plan it must be revised and adopted every five years. The last revision to the plan was in 2011. The current plan will be replaced with a new plan in September 2017. In addition, The City of Corpus Christi is part of the Community Rating System program. This program provides additional flood insurance savings to policy holders in the Special Flood Hazard Areas based on initiatives the City does to help reduce flood losses. One of the requirements of the program is to update the mitigation action plan annually instead of every five years. To maintain our class rating a presentation for our report must be made on an annual basis to our governing body. LIST OF SUPPORTING DOCUMENTS: Presentation- Coastal Bend Mitigation Action Plan Coastal Bend Mitigation Action Plan Annual Update Council Presentation October 11, 2016 History • As part of the Community Rating System (CRS), the City is required to provide an annual update to the Coastal Bend Mitigation Action Plan (CBMAP). • The CRS rewards communities that are doing more than the National Flood Insurance Program to help their citizens prevent or reduce flood losses. • The City receives points for flood protection activities. The accumulated points makeup our class rating that determines what percentage of a premium reduction properties will receive. History The Coastal Bend Mitigation Action Plan (MAP) was adopted by the Coastal Bend Council of Governments in 2006 with the intent to maintain a process that leads to hazard mitigation actions. The most current version of the Coastal Bend Hazard Mitigation Plan was adopted in 2011. State and local governments are required to develop a hazard mitigation plan as a condition of receiving certain types of non- emergency disaster assistance per the Pre -Disaster Mitigation Program (Section 203 of the Stafford Act, 42 U.S.C. 5133). Representatives from seven county areas located in South Texas contribute to the MAP. Overview The mitigation activities are geared towards: o Reducing loss of life and injury o Reducing disruptions to essential public services and infrastructure o Reducing economic impacts to residents o Reducing losses to civic, cultural and environmental resources MAP Project Scope • The City has 25 mitigation action items • 18 items have been completed (2 projects have been completed in FY15-16) • 3 Projects are in process • 4 have not been started MAP Updates • Mitigation Plans must be updated at least once every five years in order to continue to be eligible for FEMA hazard mitigation grant funding. CRS communities have to update the plan annually. • Hazard Mitigation Plans must now be comprised of jurisdictions within one County instead of multiple counties in a region. • The City is working with the County to have a new plan in place and adopted by September 1, 2017. Questions ? AGENDA MEMORANDUM for the City Council Meeting of October 11, 2016 DATE: TO: Margie C. Rose, City Manager September 27, 2016 FROM: Daniel McGinn, Interim Director of Development Services & Assistant Director of ESI DanielMc@cctexas.com (361) 826-3595 Preliminary Flood Insurance Rate Map Appeal Update STAFF PRESENTER(S): Name 1. Julio Dimas OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Department Assistant Director Development Services Title/Position Organization BACKGROUND: Provide an update on the appeals received for the Preliminary Flood Insurance Rate Maps. The appeals period started on June 16, 2016 and ended on September 13, 2016. LIST OF SUPPORTING DOCUMENTS: Presentation- Preliminary Flood Insurance Rate Map Appeal Update Preliminary Flood Insurance Rate Map Appeal Update Council Presentation October 11, 2016 History • The City of Corpus Christi received Preliminary Flood Insurance Rate Maps on October 23, 2015. • On or about June 8, 2016 and June 16, 2016 The Federal Emergency Management Agency (FEMA) published notice of a 90 -day appeal period in the Corpus Christi Caller Times. • The appeal period is open to any owner or lessee or real property in the community who believes his or her property rights will be adversely affected by the proposed flood hazard determinations. • The appeal period started on June 16, 2016 and ended September 13, 2016. City of Corpus Christi -Appeals Submitted by the City • Oso Creek • La Volla Creek and Tributary 10 Submitted by Residents • 4646 & 4602 Ocean Drive • 7111 Pharaoh Drive Nueces County Appeals • Submitted by Nueces County • 1 appeal for the Nueces River • 1 appeal for Chapman Ranch • Submitted by City of Robstown/Nueces County • 1 appeal for Robstown • Submitted by City of Driscoll/Nueces County • 1 appeal for Driscoll • Submitted by City of Port Aransas • 3 appeals Questions ?