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Agenda Packet City Council - 11/15/2016
Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, November 15,2016 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 Steve Sorenson, Bridgeway Church. C. Pledge of Allegiance to the Flag of the United States to be led by Captain Anthony Sanders - Uniform/Neighborhood Services/K9. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1321 Proclamation declaring November 15, 2016, "Coastal Bend Day of Giving". Proclamation declaring November 16, 2016, "18th Annual World-Wide GIS Day of the Coastal Bend 2016 - Discovering the World Through GIS". Proclamation declaring November 17, 2016, "Great American Smokeout". Proclamation declaring November 19, 2016, "Corpus Christi Black Chamber of Commerce Day and Celebration with a 73rd Anniversary Gala". Proclamation declaring November 12-20, 2016, "National Hunger and Homelessness Awareness Week". Proclamation declaring November 2016, "Prematurity Awareness Month" and November 17, 2016, "Prematurity Awareness Day". Corpus Christi Page 1 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 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. 16-1343 Regular Meeting of November 1, 2016. Attachments: Minutes- November 1, 2016 I. OUTGOING COUNCIL MEMBER SPEECHES AND PRESENTATION OF GIFTS J. BOARD &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last Corpus Christi Page 2 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 3 - 8) 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. 16-1227 Approving a supply agreement for the purchase of fire hydrants for new and replacement installations (Requires 2/3 vote) Motion approving a supply agreement with HD Supply Waterworks, Ltd., a Florida limited partnership, with a branch in Corpus Christi, Texas as HD Supply Waterworks, for fire hydrants in accordance with Request for Bid No.126 based on the lowest, responsive responsible bid for an estimated annual expenditure of$178,690.00, of which $148,908.34 will be funded in FY2016-2017. 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 supplier and the City Manager or designee. Attachments: Agenda Memo- Fire Hydrants Bid Tabulation- Fire Hydrants Supply Agreement- Fire Hydrants Form 1295 4. 16-1277 Developer's Agreement for Downtown Streets - Chaparral project (Bond 2008, Proposition 1) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a developer's agreement with Cosmopolitan Corpus, LLC. of Corpus Christi, Texas in the amount of$142,235.89 for work associated with the Downtown Streets - Chaparral project. (BOND 2008 Proposition 1). Attachments: Agenda Memo-Cosmopolitan Agreement-Cosmopolitan Form 1295-Cosmopolitan Corpus LLC Presentation -Cosmopolitan 5. 16-1256 Second Reading Ordinance - Rezoning property located at 3838 Acushnet Drive (1st Reading 11/1/16) (Requires 3/4 vote) Case No. 1016-02 Jose and Hector Sanchez: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Block 7, Lot 13, Saratoga Weber Corpus Christi Page 3 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Jose and Hector Sanchez ("Owners"), by changing the UDC Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 13 from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1016-02 Jose and Hector Sanchez Ordinance -Jose and Hector Sanchez Location Maps- 1016-02 Jose and Hector Sanchez Zoning Report - 1016-02 Jose and Hector Sanchez 6. 16-1257 Second Reading Ordinance - Rezoning property located at 701 East Port Avenue (1st Reading 11/1/16) (Requires 2/3 vote) Case No. 1016-03 Durrill Farms, LLC: A change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. The property to be rezoned is described as a 2.6-acre tract of land out of Port Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Durrill Farms, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.6-acre tract of land out of Port Addition, Block 2, Lot 1, from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1016-03 Durrill Farms, LLC Ordinance - 1016-03 Durrill Farms, LLC Location Maps- 1016-03- Durrill Farms, LLC Zoning Report-Durrill Farms, LLC 7. 16-1266 Second Reading Ordinance -Accepting and appropriating grant Corpus Christi Page 4 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 funds for the Violence Against Women Act (VAWA) Program within the Police Department (1st Reading 11/1/16) (Requires 2/3 vote) 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$46,226.82 for the Violence Against Women (VAWA) Program within the Police Department with a cash match of$20,000.52 and an in-kind match of$6,900.00 for a total project cost of $73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. Attachments: Agenda memo VAWA appropriation 11.01.2016 Ordinance-VAWA grant 2016-Police Award letter 1617 8. 16-1268 Second Reading Ordinance -Approving the 2017 Annual Audit Plan (1st Reading 11/1/16) (Requires 2/3 vote) Ordinance to Approve the 2017 Annual Audit Plan. Attachments: Agenda Memo-Annual Audiit Plan 2017 Ordinance to Approve 2017 Annual Audit Plan Exhibit A-2017 Annual Audit Plan M. EXECUTIVE SESSION: (ITEMS 9 - 10) 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. 16-1323 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 settlement in Janet Cormier, et al v. City of Corpus Christi. 10. 16-1324 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 emergency service Corpus Christi Page 5 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 districts, the provision of fire and ambulance services, dispatching, 911 services, Chapter 143 of the Texas Local Government Code, and collective bargaining. N. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. 16-1309 Public Hearing and First Reading Ordinance - Rezoning property located at 5151 McArdle Road (Requires 2/3 vote) Case No. 1016-05 The City of Corpus Christi: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The property is described as being a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive. Planning Commission and Staff Recommendation (November 2, 2016): Tract 1: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District and in lieu thereof approval of the "CN-1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line. (See Tract Exhibit). Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1, and to the "CN-1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1016-05 Mt. Vernon Dan CC Ordinance-CG-2 and CN-1 - 1016-05 Mt. Vernon Dan CC Ordinance-CG-2- 1016-05 Mt. Vernon Dan CC Presentation - 1016-05 Mt. Vernon Dan CC Zoning Report-Revised with Plan CC 12. 16-1310 Public Hearing and First Reading Ordinance - Rezoning property located at 10329 Kingsbury Drive (Requires 3/4 vote) Corpus Christi Page 6 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 Case No. 0916-01 Coastal Bend Grace House, Inc.: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The property is described as Block 3, Lot 4, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road. Planning Commission and Staff Recommendation (September 7, 2016): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit subject to seven conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Coastal Bend Grace House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 0.86-acre tract of land described as Block 3, Lot 4, Hill Country Estates, from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0916-01 Coastal Bend Grace House, Inc Ordinance CN1-SP 0916-01 Coastal Bend Grace House, Inc Ordinance CG1-SP 0916-01 Coastal Bend Grace House, Inc Presentation Coastal Bend Grace House, Inc Zoning Report with attachments for CC 0916-01 Coastal Bend Grace House O. REGULAR AGENDA: (ITEMS 13 - 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13. 16-1322 One Reading Action Item -Opposing proposed Texas Commission on Environmental Quality (TCEQ) rule amendments that give TCEQ broader discretion to order boil water notices Resolution authorizing submission of comments in proposed rulemaking at Texas Commission on Environmental Quality ("TCEQ") regarding revised total coliform rule plus, TCEQ Rule Project No. 2015-035-290-OW, to oppose proposed rules that allow discretionary issuance of boil water notices and request clarification with regard to other proposed amendments. Corpus Christi Page 7 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 Attachments: Agenda Memo-TCEQ 290 Rule Changes Resolution -Authorizing submission of comments in proposed rulemaking at Te; Exhibit A to Resolution Proposed Amendments to 30 TAC 290.46 (g) 14. 16-1327 Discussion and consideration of"Petition for Removal according to City Charter Sec. 11(6)(b)" of Council Member At-Large Mark Scott. Attachments: Agenda Memo- Removal Petition 2016-11-15 Petition - Removal of Mark Scott 2016-10-31 Resolution 031000- Reprimand P. FIRST READING ORDINANCES: (ITEMS 15 - 18) 15. 16-1328 First Reading Ordinance - Final Reimbursement of Election Services Overbilling (Requires 2/3 vote) Ordinance accepting payment from Nueces County in the amount of $73,616.52 as the final reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2016-2017 operating budget adopted by Ordinance 030965 to increase revenues by $73,616.52. Attachments: Agenda Memo- Nov 2014 Election Costs Refund 2 of 2.pdf Ordinance - Nov 2014 Election Costs Refund 2 of 2.pdf 16. 16-1272 First Reading Ordinance -Accepting and appropriating a grant amendment for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant and ratifying acceptance to begin October 1, 2016 (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 Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of$50,000.00, increasing the total amount to $100,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin October 1, 2016. Attachments: Agenda Memo-TX Health Communities Grant 10-1-2016 to 10-1-2017(a)10-27- Ordinance -Amending TX Healthy Com. Grant Contract 2016-003808-03 (10-1- TXHC Grant Contract No. 2016-003808-00 Amend. 3 (10-1-2016 to 10-1-2017) Corpus Christi Paye 8 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 17. 16-1308 First Reading Ordinance -Approriating funds and approving Engineering Design Contracts for Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive (Requires 2/3 vote) Ordinance appropriating $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of$88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of$97,764 for the design of Rogerson Drive. Attachments: Agenda Memo Residential St Recon Program Test prosect Ordinance Residential Street Program Prosect Budget Residential St Recon with formulas Contract Urban Form 1295 Urban Contract Freese Form 1295 Freese Location Map- Residential Street Program Presentation Residential St Recon Test 18. 16-1316 First Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities (Requires 2/3 vote) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Attachments: Agenda Memo-TMRS Ad Hoc 2016 Ordinance - Updated Service Credits-TMRS 2017 TMRS Letter Q. FUTURE AGENDA ITEMS: (ITEMS 19 - 27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 19. 16-1229 Lease Agreement for 150 parking spaces for Police Department and Corpus Christi Page 9 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 Municipal Court Facilities Motion authorizing the City Manager or designee to renew a five-year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Department and Municipal Court facilities, and approving monthly lease payments of$6,620 per month inclusive of the City's share of utilities, property taxes, mowing, and parking lot maintenance. Attachments: Agenda memo- parking lot renewal 10.25.2016 Lease Agreement-Parking Space -Vicinity Map Image Contract- Parking lot renewed contract signed One Shoreline parking lot form 1295 20. 16-1301 Resolution ratifying the submission of a grant application for the Assistance to Firefighters Grant Program Resolution ratifying the submission of a grant application in the amount of $391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. Attachments: Agenda Memo FY 2016 AFG 102416 Resolution -Ratyfing AFG application -2016 21. 16-1221 Service Agreement for Elevator Maintenance and Repairs for 17 elevators Motion authorizing the City Manager, or designee, to approve a Service Agreement with Schindler Elevator Corporation, of Morristown, New Jersey, to perform maintenance and repairs to 17 elevators for an amount of$95,324.84. In addition to Contractor's repair cost, this motion also included a 10% contingency of$9,532.48 to address unforeseen conditions. The award is based on the cooperative purchasing agreement with the State of Texas Multiple Award Schedule (TxMas). Attachments: Agenda Memo Elevator Maintenance Service Price Sheet Attachment B - Elevator Maint Repairs Service Agreement- Elevator Maint Repairs Form 1295-Elevator Maint. 22. 16-1302 Construction Contract for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, Ltd. of Boerne, Texas in the amount of$3,042,665 for the Sharpsburg Lift Station Corpus Christi Page 10 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. Attachments: Agenda Memo-Sharpsburg LS Project Budget-Sharpsburg LS.xls Location Map-Sharpsburg LS.pdf Form 1295-Sharpsburg LS Presentation Sharpsburg LS 23. 16-1296 Resolution authorizing Advance Funding Agreement for 2014 Highway Safety Improvements Program (Bond 2014, Proposition 2) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's local participation in the amount of$779,877.60 from the Bond 2012 and Bond 2014 programs. Attachments: Agenda Memo-2014 Highway Safety Imp Program Project Budget-2014 Highway Safety Imp Program Location Map-2014 Highway Safety Imp Program.pdf Resolution -2014 Highway Safety Imp Program.docx Advance Funding Agreement-2014 Highway Safety Imp Program Presentation 2014 Highway Safety Impr 24. 16-1298 Construction Contract for the Choke Canyon Dam Sluice Gate Stem Repairs Motion authorizing the City Manager, or designee, to execute a construction contract with Huffman Contractors, LLC of Nederland, Texas in the amount of$189,999 for the Choke Canyon Dam Sluice Gate Stem Repairs for the Total Base Bid. Attachments: Agenda Memo-Choke Canyon Prosect Budget-Choke Canyon Location Map-Choke Canyon Dam Form 1295-Choke Canyon Presentation Choke Canyon Dam 25. 16-1306 Engineering Construction Contract for Alternative Capacity Power Generation Staples and Navigation Water Pump Station (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with McDonald Municipal & Industrial of Houston, Texas in the amount of$868,869 for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Corpus Christi Page 11 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 Base Bid. Attachments: Agenda Memo-Alt Capacity Pwr Gen Prosect Budget-Alt Capacity Pwr Gen.xls Location Map-Alt Capacity Pwr Gen.pdf Presentation -Alt Capacity Pwr Gen Form 1295-Alt Capacity Pwr Gen 26. 16-1307 Approving Cellular Services for Phones, Wireless Devices, and Connectivity Motion authorizing the City Manager or designee to execute a contract with T-Mobile USA, Inc., of Bellevue, Washington, based on a cooperative purchasing agreement with the Texas Department of Information Resources (DIR), for a total estimated expenditure of$1,650,348 for three years, of which $412,587 is funded in FY2016-2017, with options to extend for up to one additional one-year period subject to renewals of the State's DIR contract (DIR-TSO-3416) with T-Mobile, sufficient annual appropriations, and mutual consent of the vendor and City Manager. Attachments: Agenda Memo-T-Mobile DIR Contract with T-Mobile T-Mobile Estimate Pricing Cost Analysis of Cellular Service Vendor Evaluation Matrix Form 1295-T-Mobile cell phone by division 27. 16-1289 Establishing Waste Acceptance Contract with Killian Calderon Disposal LLC Motion authorizing the City Manager or designee to execute an 11-year contract with Killian Calderon Disposal, LLC, guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments region to the City's Cefe Valenzuela Municipal Landfill, with a termination date of November 12, 2027. Attachments: Agenda Memo- Killian Calderon Agreement.docx Killian Calderon Contract- partially executed.pdf Killian Form 1295.pdf Exhibit A-Cefe Valenzuela Landfill Site Plan and SOP content R. 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. Corpus Christi Page 12 Printed on 11/14/2016 City Council Meeting Agenda-Final November 15,2016 28. 16-1313 Water Quality Projects Update Attachments: Agenda Memo-Water Quality Projects Update Presentation -Water Quality Projects Update 29. 16-1351 Ethics Commission Ethics Code Recommendations Attachments: Agenda Memo- Ethics Commission Recommendations V2 Draft Ordinance -September 15 2016 Ethics Code Amendments Corrected 11-E Presentation - Ethics Changes 11-15-16 (1) (1) S. ADJOURNMENT Corpus Christi Page 13 Printed on 11/14/2016 Corpus Christi 1201 Leopard Street r �- Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, November 1,2016 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 Pastor David Kelly, Trinity Worship. Pastor David Kelly gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Pat Persohn - Administrative Manager, Police Department. Police Department Administrative Manager Pat Persohn led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca Huerta. Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring November 4, 2016, "Texas Arbor Day". Proclamation declaring November 7, 2016, "CRPS/RSD Awareness Day: Color the World Orange". Mayor Martinez presented the proclamations. Corpus Christi Page 1 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 N. REGULAR AGENDA: (ITEM 13) 13. Resolution recognizing the Importance of Municipal Courts (Requires 2/3 vote) Resolution recognizing the importance of Municipal Courts, the Rule of Law, and the Fair and Impartial Administration of Justice. Mayor Martinez deviated from the agenda and referred to Item 13. Mayor Martinez read the resolution recognizing the importance of Municipal Courts and"Municipal Court Week"from November 7- 11, 2016. There were no comments from the Council or the public. 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: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 031001 G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) The J.C. Elliott Collection Center recently experienced one of the busiest weeks ever.A record 3,023 customers passed through the gates of the transfer center from October 17,2016 through October 23,2016. A record 944 customers visited the J.C. Elliott Landfill on Saturday, October 22,2016. Staff believes that the mild temperatures contributed to the record-setting week. 2)The Parks and Recreation Department is requesting volunteers for the Dr. H.C. Dillworth Park Kaboom! Playground Community Build Day to be held Saturday, November 5, 2016 at 300 Elgin Street. The new upgrades will include a playground, shade structures, picnic tables, benches and planters. Citizens are encouraged to volunteer to help make this new playground a reality. For more information, contact Parks and Recreation at 361-826-3464. H. MINUTES: 2. Regular Meeting of October 25, 2016. Mayor Martinez deviated from the agenda and referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill and passed unanimously. Corpus Christi Paye 2 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: CONSENT AGENDA: (ITEMS 3 - 7) Approval of the Consent Agenda Mayor Martinez referred to the consent agenda. There were no comments from the Council or the public. A motion was made by Council Member McIntyre,seconded by Council Member Rubio,to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 3. Reimbursement Resolution for Utility System Revenue Bonds (Requires 2/3 vote) Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for the prior lawful expenditure of funds from the proceeds of one or more series of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. This Resolution was passed on the Consent Agenda. Enactment No: 030997 4. Contract for Professional Services for Wesley Seale Dam Instrumentation Testing and Replacement Project(Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. This Motion was passed on the Consent Agenda. Enactment No: M2016-146 5. Engineering Construction Contract for Lift Station Repairs Corpus Christi Page 3 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 Citywide 2016 (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of$1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. This Motion was passed on the Consent Agenda. Enactment No: M2016-147 6. Second Reading Ordinance - Rezoning property located at 1013 E. Lakeside Drive (1st Reading 10/25/16) (Requires 2/3 vote) Case No. 0916-02 Dawn Melancon: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. The property to be rezoned is described as being a 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-6" Single-Family 6 District to "CG-1" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application of Dawn Melancon ("Owner"), by changing the UDC Zoning Map in reference to 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030998 7. Second Reading Ordinance - Rezoning property located at 7401 Holly Road (1 st Reading 10/25/16) (Requires 2/3 vote) Case No. 0916-03 Palm Land Investments, Inc.: A change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-TH" Townhouse District. The property to be rezoned is described as an 8.63-acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. Corpus Christi Page 4 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 to the "RS-TH" Townhouse District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, from the "RS-4.5" Single-Family 4.5 District to "RS-TH" Townhouse 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: 030999 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Rick Milby,4412 High Ridge; Danny Isom, 13902 Riverway Drive; Laura Ballew, 10730 Atlanta; Alan Guggenheim, 8157 Marseille Drive; Suzanne Guggenheim, 8157 Marseille Drive; and Butch Escobedo,4902 Saratoga,spoke in support of the petition to remove Council Member Mark Scott from the City Council. Shely Sells, 5014 Wingfoot Lane,spoke regarding the charges associated with Public Information Act requests. Claude Axel, 741 Crestview, and Abel Alonzo, 1701 Thames, commended Police Chief Mike Markle and police officers for the great job in protecting the citizens of Corpus Christi. Linda Gibeaut,410 Southern, spoke regarding the improvements at Animal Care Services under the management of the Corpus Christi Police Department. Shirley Thornton, 1917 Woodcrest, provided an update on the process being made by the Flour Bluff Citizens Council. Margareta Fratila, 3606 Tripoli,spoke regarding the repeal of the civil penalty for red light camera violations. M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. Public Hearing and First Reading Ordinance - Rezoning property located at 3838 Acushnet Drive (Requires 3/4 vote) Corpus Christi Page 5 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 Case No. 1016-02 Jose and Hector Sanchez: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Block 7, Lot 13, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Jose and Hector Sanchez ("Owners"), by changing the UDC Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 13 from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 11. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for the construction of an automotive repair facility. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mr. McGinn explained that opposition of more than 20%was received and approval of the zoning change would require a three-fourths vote of the council. Mayor Martinez opened the public hearing. John Kendall, 5566 S. Staples, stated that the applicant is requesting the rezoning to construct an automobile repair facility with expanded services to include heavy vehicle services. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: construction of a new facility; opposition from property owners; and the buffer and screening requirements. 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: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 12. Public Hearing and First Reading Ordinance - Rezoning property located at 701 East Port Avenue (Requires 2/3 vote) Case No. 1016-03 Durrill Farms, LLC: A change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. The property to be rezoned is described as a 2.6-acre tract of land out of Port Corpus Christi Page 6 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Durrill Farms, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.6-acre tract of land out of Port Addition, Block 2, Lot 1, from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 12. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for the development of a seven-story hotel with office and meeting space along with a restaurant facility. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. Abel Alonzo, 1701 Thames, thanked the applicant for the project that will increase sales tax and is good for the community. Mayor Martinez closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 13 - 14) 14. Certification of 2016 Tax Levy (Requires 2/3 vote) Motion approving the 2016 Property Tax Levy of$114,816,809.63 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. Mayor Martinez deviated from the agenda and referred to Item 14. Director of Financial Services Constance Sanchez stated that the purpose of this item is to approve the 2016 certified tax levy. There were no comments from the public. Council members discussed whether there was a policy that addresses where excess revenue collected over the conservative collection rate would be budgeted. Council Member McIntyre made a motion to approve the motion,seconded by Corpus Christi Paye 7 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 Council Member Garza. This Motion was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Scott Nay: 1 - Council Member Hunter Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: M2016-148 O. FIRST READING ORDINANCES: (ITEMS 15 - 16) 15. First Reading Ordinance -Accepting and appropriating grant funds for the Violence Against Women Act (VAWA) Program within the Police Department (Requires 2/3 vote) 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$46,226.82 for the Violence Against Women (VAWA) Program within the Police Department with a cash match of$20,000.52 and an in-kind match of$6,900.00 for a total project cost of$73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of$73,127.34. Mayor Martinez referred to Item 15. Police Chief Mike Markle stated that the purpose of this item is to accept a grant form the State of Texas for the Violence Against Women (VAWA) Program with a cash match of$20,000.52 and an in-kind match of$6,900 for a total project cost of$73,127.34. 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: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 16. First Reading Ordinance -Approving the 2017 Annual Audit Plan (Requires 2/3 vote) Ordinance to Approve the 2017 Annual Audit Plan. Corpus Christi Page 8 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 Mayor Martinez referred to Item 16. City Auditor Arlena Sones stated that the purpose of this item is to request approval of the 2017 Annual Audit Plant. The plan was developed based on areas considered to be the highest risk to the City. The proposed audit plan was approved by the Audit Committee on October 11, 2016. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 L. EXECUTIVE SESSION: (ITEMS 8 - 10) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session at 12:48 p.m. The Council returned from executive session at 4:58 p.m. Council Member Scott recused himself from the discussion on Items 8,9 and 10. 8. 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). This E-Session Item was discussed in executive session. 9. 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 II of the Charter of the City of Corpus Christi, including, but not limited to, City Council terms, City Council term limits, membership on City Council, elections, eligibility for election for Council Member, City Council rules, meeting attendance, potential removal of City Council Member Mark Scott and documentation and procedures related thereto, vacancies and procedures and documentation related thereto, potential employment of independent counsel regarding the aforementioned matters and future potential litigation related thereto, effects of past elections and ballots, prior and other opinions of attorneys regarding the aforementioned Corpus Christi Paye 9 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 matters, and potential causes of action and/or future litigation related to the aforementioned matters, City Council duties and matters related to compensation, future City Charter elections and matters related to terms and term limits, administrative actions, City Council actions, and other matters related to any of the aforementioned issues and possible direction to employ attorneys and prepare documents regarding potential removal proceedings pursuant to Article II, Section 11 of the Charter of the City of Corpus Christi. Mayor Martinez referred to Item 9 and read the following resolution for consideration: City Council Resolution of Reprimand for Council Member Mark Scott. Mayor Martinez made a motion to approve the resolution,seconded by Council Member Magill. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Abstained: 1 - Council Member Scott Enactment No: 031000 10. Executive Session pursuant to Texas Government Code § 551.074 to discuss the discipline or dismissal of a public officer or employee or hear a complaint or charge against an officer, including but not limited to, matters related to the potential removal of City Council Member Mark Scott pursuant to Article II, Section 11 of the Charter of the City of Corpus Christi. This E-Session Item was discussed in executive session. P. FUTURE AGENDA ITEMS: (ITEMS 17 - 18) Mayor Martinez deviated from the agenda and referred to Future Agenda Items. City Manager Margie C. Rose stated that staff did not have any planned presentations.A council member requested information on Item 18. 17. Approving a supply agreement for the purchase of fire hydrants for new and replacement installations (Requires 2/3 vote) Motion approving a supply agreement with HD Supply Waterworks, Ltd., a Florida limited partnership, with a branch in Corpus Christi, Texas as HD Supply Waterworks, for fire hydrants in accordance with Request for Bid No.126 based on the lowest, responsive responsible bid for an estimated annual expenditure of$178,690.00, of which $148,908.34 will be funded in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject Corpus Christi Page 10 Printed on 11/10/2016 City Council Meeting Minutes November 1,2016 to the approval of the supplier and the City Manager or designee. This Motion was recommended to the consent agenda. 18. Developer's Agreement for Downtown Streets - Chaparral project (Bond 2008, Proposition 1) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a developer's agreement with Cosmopolitan Corpus, LLC. of Corpus Christi, Texas in the amount of$142,235.89 for work associated with the Downtown Streets - Chaparral project. (BOND 2008 Proposition 1). This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. ADJOURNMENT The meeting was adjourned at 5:06 p.m. Corpus Christi Page 11 Printed on 11/10/2016 se o� Va. AGENDA MEMORANDUM �RRPOP I Future Item for the City Council Meeting of November 1, 2016 NPE 1852 Action Item for the City Council Meeting of November 15, 2016 DATE: November 1, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Water Utilities DanG(o�cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager Maria Pe(acctexas.com (361) 826-3176 FIRE HYDRANTS SUPPLY AGREEMENT CAPTION: Motion approving a supply agreement with HD Supply Waterworks, Ltd., a Florida limited partnership, with a branch in Corpus Christi, Texas as HD Supply Waterworks, for fire hydrants in accordance with Request for Bid No.126 based on the lowest, responsive responsible bid for an estimated annual expenditure of $178,690.00, of which $148,908.34 will be funded in FY2016-2017. 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 supplier and the City Manager or designee. PURPOSE: The fire hydrants will be purchased into warehouse inventory and used by the Water Department for new and replacement installations. BACKGROUND AND FINDINGS: The Water Department determines locations for new fire hydrants based on various factors, including development of an area and proximity to existing hydrants. Worn and damaged fire hydrants are replaced as required. 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. DEPARTMENTALCLEARANCES: Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,800,000.00 $372,270.83 $3,172,270.83 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $148,908.34 $387,161 .66 $536,070.00 BALANCE $2,636,200.83 $0.00 $2,636,200.83 Fund(s): Stores Fund Comments: The initial contract term total is $178,690.00, of which $148,908.34 will be funded in FY2016-2017. The total contract expenditure will be up to $536,070.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID EVENT NO. 126 BUYER: DOMINGO VALDEZ FIRE HYDRANTS Recorded By:Jamye Clark HD Supply Water Titan Pipe&Supply Unit Extended Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price Price Price 2324 3'Bury Fire Hydrant Improved Mechanical Joint 20 EA $1,395.00 $27,900.00 $2,260.98 $45,219.60 2325 3.5'Bury Fire Hydrant Improved Mechanical Joint 30 EA $1,425.00 $42,750.00 $2,316.06 $69,481.80 2326 4'Bury Fire Hydrant Improved Mechanical Joint 30 EA $1,465.00 $43,950.00 $2,371.14 $71,134.20 2327 4.5'Bury Fire Hydrant Improved Mechanical Joint 20 EA $1,495.00 $29,900.00 $2,426.22 $48,524.40 2328 5'Bury Fire Hydrant Improved Mechanical Joint 12 1 EA $1,545.00 1 $18,540.00 $2,481.30 1 $29,775.60 2329 5.5'Bury Fire Hydrant Improved Mechanical Joint 10 EA $1,565.00 $15,650.00 $2,536.38 $25,363.80 TOTAL: $178,690.00 $289,499.40 SC �o 0 H v SUPPLY AGREEMENT NO. 764 b�6RPORAI�� 1852 FIRE HYDRANTS THIS Fire Hydrants Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and HD Supply WaterWorks ("Supplier'), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Fire Hydrants in response to Request for Bid No. 126 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response 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 Supplier agree as follows: 1. Scope. Supplier will provide Fire Hydrants 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. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. 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 Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $178,690.00, subject to approved extensions and changes. Payment will be made for goods delivered 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. 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 City of Corpus Christi Page 1 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name Robert Presnell Department Warehouse Stores Phone 361-826-1750 Email RobertPR@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier 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 COI 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplierwithin 30 days of receipt of City's invoice. 8. Warranty. The Supplier 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 Supplier 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 Supplier or, if indicated in Attachment City of Corpus Christi Page 2 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 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. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change ordersigned by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Page 3 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Supplier 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: Robert Presnell Warehouse Store Keeper 1201 Leopard Street, Corpus Christi, TX 78401 361-826-3174 IF TO SUPPLIER: HD Supply WaterWorks Attn: Paul Rodriguez Branch Manager 7425 Leopard Street, Corpus Christi, TX 78410 361-239-6544 17. SUPPLIER 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 City of Corpus Christi Page 4 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER 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 SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier'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 Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier 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 Supplier, 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 Supplier 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, City of Corpus Christi Page 5 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier 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 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 6 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 SUPPLIER Signature: Printed Name: Loren Miller Title: District Manager Date: 10 October 2016 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 126 Exhibit 2: Supplier's Bid Response City of Corpus Christi Page 7 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 ATTACHMENT A - SCOPE OF WORK 4.1 General Requirements/Background Information The Contractor shall provide Fire Hydrants as outlined in this Scope of Work. 4.2 Scope of work This Scope of Work describes fire hydrants and includes sections on type, functional and performance requirements. These hydrants are to be used by the City of Corpus Christ for new and replacement installations, for municipal water distribution and fire service. These specifications describe fire hydrants and include sections on type, functional and performance requirements. Hydrants shall comply with specification AWWA C-502, with latest revisions. Hydrants shall be of the traffic model type equipped with a safety flange or collar on both the Hydrant barrel and stem. 4.3 Functional and Performance Requirements 1 . Type of shutoff - The shutoff shall be of the compression type only. 2. Inlet connection - The inlet shall be ASA-A21 .1 1, with latest revision mechanical joint for size six inch, Class 150, cast iron pipe. A complete set of joint material shall be furnished with each hydrant. 3. Delivery classifications - Each hydrant shall have two-hose nozzles and one- pumper nozzle. Nozzle shall be readily replaceable threaded or camlocked into hydrant body. 4. Bury length - The hydrants shall be furnished in bury length as specified in Attachment B, Bid Price Schedule. 5. Diameter (nominal inside) of hose and pumper nozzles -The hose nozzle shall be two and one-half inches inside diameter and the pumper nozzle shall be four inches inside diameter. 6. Hose and pumper nozzle threads - The hose nozzles shall have two and one- half inch National Standard Thread (seven and one-half threads per inch). The pumper nozzle shall have six thread per inch with an outside diameter of 4.658 inches, pitch diameter of 4.543 inches and a root diameter of 4.406 inches. 7. Harnessing lugs - None required. 8. Nozzle cap gaskets - Required. 9. Tapping of drain opening - Tapping of the drain opening for pipe thread is not required. 10. Drain opening - Required. 11 . Direction to open - The hydrants shall open left (counter clockwise). 12. Color of finish above ground line - That portion of the hydrant above the ground line shall be painted chrome yellow. 13. Shape and size of the operating and cap nuts - The operating and cap nuts shall be tapered pentagon one and one-fourth inch point to face at base and one and one-eighth inch point to face at top of the nut. 14. Nozzle cap chains - Hydrants shall be furnished without nozzle cap chains. 15. Size of hydrant valves - The main valve opening shall not be less than five and one-quarter inches inside diameter. 16. Valve facing - The main valve facing of the hydrant shall be rubber with 90 + one Durometer hardness. When the main valve lower washer and stem nut are not an integral casting then the bottom stem threads shall be protected with a ductile and/or bronze cap nut and a stainless steel and/or bronze lock nut. 17. Barrel sections - The hydrant shall be made in two or more barrel sections with flanges connecting the barrel to the elbow and to the packing plate. 18. Breakable coupling - Hydrants shall be equipped with a breakable coupling on both the barrel section and the stem. These couplings shall be at least two inches above the finished grade line. The coupling shall be designed so that in case of traffic collision the barrel and stem collar will break before any other part of the hydrant breaks. 19. Hydrant adjustment-The hydrants shall be designed as to permit its extension without excavating after the hydrant is completely installed. 20. Breakable collars - Barrel and stem - Weakened steel or weakened cast iron bolts that are used in the breakable barrel couplings will not be acceptable. 21 . Operating stem -Stems that have operating thread located in the waterway shall be made of manganese bronze, everdure, or other high quality non- corrodible metal. Stems that do not have operating threads located in the waterway must be sealed by a packing gland or O-ring seal located between the stem threads and the waterway. Iron or steel stems shall be constructed with a bronze sleeve extending through the packing gland or O-ring seal area. The sleeve shall be of sufficient length to be in the packing or O-ring seal in both open and closed positions of the main valve. The sleeve shall be secured to the steel stem so as to prevent water leakage between the two when subjected to 300 pounds hydrostatic test pressure. 22. Drain valve mechanism - Drain valves operating through gravity are not acceptable. 23. Operating stem nut - The operating stem nut shall be designed to prevent seepage, rain or sleet and the accumulation of dust between the operating nut and the hydrant top. The operating stem nut shall be made of bronze. 24. Fire hydrants having the threaded part of the stem at the hydrant top shall be equipped with a packing gland or an O-ring seat immediately below the threaded section of the stem. 25. The valve seat ring shall not be made an integral part of the shoe. The valve seat ring shall be bronze and shall thread into a bronze drain ring. 4.4 Data to be furnished by the contractor 1 . The Contractor shall upon request furnish two sets of prints showing complete details and dimensions of the hydrant. 2. The Contractor shall upon request furnish one certified copy of physical tests of all metals used in the manufacture of the fire hydrant that is normally manufactured and that will meet the requirements specified in the Agreement. 3. The Contractor shall upon request furnish the City a certified letter of compliance stating that their fire hydrant meet the requirements specified in the Agreement. ATTACHMENT B- BID PRICE SCHEDULE ze Response For Supplier: HD Supply WaterWorks Event#: 126-0 Name: Fire Hydrants Reference: 31212 Description: Twelve month supply agreement for Fire Hydrants with an option to extend for up to 2 additional twelve month periods subject to the approval of the Supplier and the City Manager or designee. Preview Date: Q&A Open Date: 05/07/2016 08:00:00 AM Open Date: 05/07/2016 08:00:00 AM Q&A Close Date: 05/12 2016 05:00:00 PM Close Date: 05/25/2016 11:00:00 AM Dispute Close Date: Responded To: 6 Out of 6 Lines Total Bid Amount: 178,690.00 USD Question Responses Question Answer Attachment Please download the attachment titled RFB Fire Yes 2016 Annual Hydrant bid.pdf Hydrant and complete all required documents, and upload as an attachment. Response Attachments Attachment medal l ion-2e879e7d.pdf Line Responses 1 Event # 126-0: Fire Hydrants Line 1: 3 Foot Bury Fire Hydrant Item: 2324 HYDRANT FIRE 3' Commodity Code: 340-60 Hydrants,Fire(Including Accessories and Parts) Quantity: 20.0000 UOM: EA Bid Quantity: 20.0000 Unit Price: 1,395.00000 Extended Price: 27,900.00 No Charge: No No Bid: No Vendor Item: 605366M3CLMEDCC CLOW MED.3'0"BURY CC HYDRANT Line 2: 3-1/2 Foot Bury Fire Hydrant Item: 2325 HYDRANT FIRE 3 1/2 Commodity Code: 340-60 Hydrants,Fire(Including Accessories and Parts) Quantity: 30.0000 UOM: EA Bid Quantity: 30.0000 Unit Price: 1,425.00000 Extended Price: 42,750.00 No Charge: No No Bid: No Vendor Item: 605426M3CLMEDCC CLOW MED.3'6"CC HYDRANT Line 3: 4 Foot Bury Fire Hydrant Item: 2326 HYDRANT FIRE 4' Commodity Code: 340-60 Hydrants,Fire(Including Accessories and Parts) Quantity: 30.0000 UOM: EA Bid Quantity: 30.0000 Unit Price: 1,465.00000 Extended Price: 43,950.00 No Charge: No No Bid: No Vendor Item: 605486M3CLMEDCC CLOW MED.4'0"CC HYDRANT Line 4: 4-1/2 Foot Bury Fire Hydrant Item: 2327 HYDRANT FIRE 4 1/2' Commodity Code: 340-60 Hydrants,Fire(Including Accessories and Parts) Quantity: 20.0000 UOM: EA Event # 126-0: Fire Hydrants Bid Quantity: 20.0000 Unit Price: 1,495.00000 Extended Price: 29,900.00 No Charge: No No Bid: No Vendor Item: 605546M3CLMEDCC CLOW MED.4'6"CC HYDRANT Line 5: 5 Foot Bury Fire Hydrant Item: 2328 HYDRANT FIRE 5' Commodity Code: 340-60 Hydrants,Fire(Including Accessories and Parts) Quantity: 12.0000 UOM: EA Bid Quantity: 12.0000 Unit Price: 1,545.00000 Extended Price: 18,540.00 No Charge: No No Bid: No Vendor Item: 605606M3CLMEDCC CLOW MED. 5'0"CC HYDRANT Line 6: 5-1/2 Foot Bury Fire Hydrant Item: 2329 HYDRANT FIRE 5 1/2' Commodity Code: 340-60 Hydrants,Fire(Including Accessories and Parts) Quantity: 10.0000 UOM: EA Bid Quantity: 10.0000 Unit Price: 1,565.00000 Extended Price: 15,650.00 No Charge: No No Bid: No Vendor Item: 605666M3CLMEDCC CLOW MED.5'6"CC HYDRANT ATTACHMENT C- INSURANCE REQUIREMENTS NO INSURANCE REQUIRED FOR THIS AGREEMENT ATTACHMENT C- BOND REQUIREMENTS NO BOND REQUIRED FOR THIS AGREEMENT. ATTACHMENT D- WARRANTY REQUIREMENTS CLWJ**04W Clow Valve Co. 902 South 2nd Street Telephone:641673-8611 Oskaloosa, IA 52577 Fax:641673-8269 CLOW MEDALLIONTM HYDRANT TEN YEAR LIMITED WARRANTY Clow Valve Company warrants that its Clow Medallion Fire Hydrant will be free from defects in material and workmanship under normal and customary use and maintenance for a period of ten (10)years from the date of shipment, provided the hydrant is installed and maintained according to Clow instructions, and applicable codes. The foregoing warranty does not cover failure of any part or parts from external forces, including but not limited to earthquake, vandalism, vehicular or other impact, application of excessive torque to the operating mechanism or frost heave. Should any Clow Valve Company part or parts fail to conform to the foregoing warranty, Clow shall, upon prompt written notice thereof, repair or replace, F.O.B.point of manufacture, such defective part or parts. Purchaser shall, if requested,return the part or parts to Clow, transportation prepaid. Purchaser shall bear all responsibility and expense incurred for removal,reinstallation and shipping in connection with any part supplied under the foregoing warranty. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN,WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS.IN NO EVENT SHALL CLOW VALVE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSSES,DAMAGES OR EXPENSES. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-60354 HD Supply WaterWorks Corpus Christi,TX United States Date Filed: Name of governmental entity or state agency that is a party to the contract for Wich the form is 05/23/2016 being filed, City Of Corpus Christi Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RF13 No.126 Fire Hydrants 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable} Controlling Intermediary 5 Check only if there is NO Interested Party. X 6I I swear, Laftunder enal of DELEE NR�ITE P Pe� that the above disclosure is true and correct. MI CfaftrilfuiwEan Nlwrttt�24,W16 E -- - - - - i Signature o thorized agent of contra business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said bath Q 1B6 (A '", this the _day of , 20 to certify which,witness my hand and seal of office. Signature of officer admini ter g oath Printed name of officer admini ring a Tide of officer admin nnng oath Forms provided by Texas Ethics ommission www.ethics.state.tx.us Version V1.0.1021 se o� � AGENDA MEMORANDUM "ORPOBPI Future Item for the City Council Meeting of November 1, 2016 1852 Action Item for the City Council Meeting of November 15, 2016 DATE: October 20, 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 Developer's Agreement Downtown Streets —Chaparral project BOND 2008, Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a developer's agreement with Cosmopolitan Corpus, LLC. of Corpus Christi,Texas in the amount of$142,235.89 for work associated with the Downtown Streets — Chaparral project. (BOND 2008 Proposition 1). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an agreement for sidewalk and landscape construction associated with the Downtown Streets - Chaparral project. (BOND 2008 Proposition 1). BACKGROUND AND FINDINGS: This agreement is necessary to complete the final construction associated with the Downtown Streets — Chaparral (Bond 2008) project. The Chaparral Phase 1 project included the reconstruction of the street and sidewalks from Schatzel to Williams. This completes the one block of sidewalk, landscaping and miscellaneous improvements adjacent to the Cosmopolitan building frontage along Chaparral from Lawrence to Mesquite. The Cosmopolitan building located along Chaparral (from Schatzel to Lawrence Street) began major renovation project at the same time as the City's Chaparral Phase 1 Street Reconstruction project. The Cosmopolitan project is a major building overhaul that required closure of Lawrence Street for public safety and closure of sidewalks adjacent to the building. This prevented completion of the City Chaparral street project work for the sidewalk, landscaping, and miscellaneous improvements. With the extended construction timeline of the Cosmopolitan project, the City removed the sidewalk, landscaping and miscellaneous improvements adjacent to the Cosmopolitan from the Bond project to avoid increased cost and delays. The work was deferred to a future potential agreement with the developer, or another construction contract. The Cosmopolitan project is finally nearing completion and an agreement was reached for a fair and reasonable price to complete the final sidewalk, landscaping, etc. This agreement provides for reimbursement to the developer upon successful completion of the work in accordance with the City's plans and specifications. ALTERNATIVES: 1. Authorize execution of agreement. 2. Do not authorize execution of agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2016- 2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2016-2017 Expenditures Current Year Future Years TOTALS (CIP only) -Budget $0 $142,235.89 $142,235.89 Encumbered / 0 0 49,895 Expended Amount This item 0 142,235.89 142,235.89 Future Anticipated Expenditures This 0 0 0 Project BALANCE $0 $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends this agreement with Cosmopolitan LLC. in the amount of $142,235.89 for the Downtown Streets - Chaparral BOND 2008 project. LIST OF SUPPORTING DOCUMENTS: Agreement Form 1295 Location Map CHAPARRAL SIDEWALK IMPROVEMENTS AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Chaparral Sidewalk Improvements Agreement (this yAgreement") is entered into between the City of Corpus Christi, Texas (the "City"), Realtex Construction, LLC, a Texas limited liability company ("Realtex'), Cosmopolitan Corpus, LLC, a Texas limited liability company ("Owner'), and TPEG Cosmo Completion, LLC, a Texas limited liability company ("TPEG Completion"), and pertains to construction of sidewalk improvements on Chaparral Street between Lawrence Street and Schatzeli Street in Corpus Christi, Texas. WHEREAS, voters approved the Downtown Streets — Chaparral from Williams to Schatzell improvement project(the "Bond Project"} in Bond 2008, Proposition One; WHEREAS, the Bond Project included new curbs, widened sidewalks, textured concrete and/or pavers, street pavement. street fights and traffic control, new trees, shrubs, irrigation and landscape lighting; WHEREAS, Reytec Construction was awarded the construction contract for the Bond Project on September 16, 2012; WHEREAS, Owner originally had streetscape improvements planned for Chaparral Street, Lawrence Street and Mesquite Street; WHEREAS, in August 2013, Reattex anticipated demolition of the existing building located at the corner of Chaparral Street and Lawrence Street to begin in October 2013 and requested that the City delay the major improvements to the sidewalk on Chaparral Street adjacent to the Cosmopolitan; WHEREAS, the City removed the line items necessary to complete the sidewalk improvements adjacent to the Cosmopolitan from the scope of the Bond Project;and WHEREAS, Owner contracted with Realtex to build The Cosmopolitan of Corpus Christi (the "Cosmopolitan") at 401 North Chaparral Street, which is within the boundaries of the Bond Project; WHEREAS, as of April 15, 2016, Realtex assigned all of its right, title and interest under its construction contract with Owner to TPEG Completion; WHEREAS, TPEG Completion has contracted with Bridgeview Construction, LLC ("Bridgeview") to act as a construction manager to assist TPEG Completion in completing construction of the Cosmopolitan; Page 1 of 7 4133782v.1 4313AM WHEREAS, Realtex, Bridgeview and any subcontractors engaged by Realtex or TPEG Completion have the qualifications and experience to perform the sidewalk improvements on Chaparral Street; and WHEREAS, the City is able to contract with Realtex and TPEG Completion to act as the City's agent in the construction of the sidewalk improvements pursuant to Local Government Code section 271.908; NOW, THEREFORE, the parties hereto (the "Parties") agree as follows: Section 1. Tenn. This Agreement is effective upon execution by the City Manager or his/her designee and shall continue in force for one year from the effective date or until completion of the Project, whichever date occurs first. Section 2. Scope of the Project The sidewalk improvements (the "Work') to be performed by Realtex and TPEG Completion are detailed in Exhibit A. Section 3. Obligations of City. A. City will provide Realtex and TPEG Completion with a copy of the plans and specifications created by Gignac and Associates for the sidewalk improvements of the Chaparral Street improvements, Bond 2008. The pians for the Work are attached as Exhibit A. B. City may inspect the construction of the Work. C. City shall perform a final inspection of the Work upon notification that the Work has been completed. D. City shall reimburse Owner up to $142,235.89 for the Work upon final inspection and acceptance by the City. Section 4. Obligations of Realtex and TPEG Completion. A. Realtex and TPEG Completion agree to comply with section 271.908 of the Local Government Code relating to procurement of the Work. B. Realtex and Owner shall be solely responsible for funding the construction of the Work, subject to reimbursement by the City up to an amount not to exceed $142,235.89. C. Realtex and TPEG Completion shall utilize the City-owned materials in their possession to complete the Work. A list of the City-owned materials is attached as Exhibit B. Page 2 of 7 4133782 .1 4313!0002 C. TPEG Completion shall notify City upon completion of the Work so that the City can perform a final inspection. Q. Realtex and TPEG Completion shall each submit an affidavit of no liens and an invoice to the City with respect to the portion of the Work performed by each. Realtex and TPEG Completion shall each also provide a one-year warranty to the City with respect to the portion of the Work perfonned by each. Upon receipt of the foregoing items and acceptance of the Work, City shall promptly pay Owner an amount not to exceed $942,235.89. E. Realtex and TPEG Completion each agree to the indemnification and insurance provisions, as shown in Exhibit C. The insurance coverage must be acceptable to the City's Risk Manager. Section 5. General Terms and Conditions: A. Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. S. Assignment. This Agreement and the rights of Realtex, the Owner, and TPEG Completion may be assigned, subject to the prior written consent of the City, which consent will not be unreasonably withheld. Any assignment will be in writing, will specifically set forth the assigned rights and obligations, and will be executed by the proposed assignee. C. Notice. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner will be effective only when received. for purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: Page 3 of 7 4133782v.1 4313A= City: City of Corpus Christi Attn: Valerie H. Gray, P.E. Executive Director of Public Works 1201 Leopard Street, 3rd Floor Corpus Christi TX 78401 With Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street, 5t' Floor Corpus Christi TX 78401 Realtex: Realtex Construction, LLC Attn: Rick Deyoe, President 1101 S Capital of Texas Hwy, Suite F200 Austin, Texas 78746 Owner Cosmopolitan Corpus, LLC Attn: Dan Meader 925 S Kimball Ave, Suite 100 Southlake, Texas 76092 With Copy to: McGuire, Craddock & Strother, P.C. Attn: Neill Fuquay 2501 N Harwood, Suite 1800 Dallas, Texas 75201 TPEG Completion TPEG Cosmo Completion, LLC Attn: Dan Meader 925 S Kimball Ave, Suite 100 Southlake, Texas 76092 With Copy to: McGuire, Craddock & Strother, P.C. Attn: Neill Fuquay 2501 N Harwood, Suite 1800 Dallas, Texas 75201 The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other Parties. Realtex, Owner and TPEG Completion may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. 0. Severability: Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or Page 4 of 7 4133782v 1431310002 unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. E. Applicable Law and Venue. The laws of the State of Texas govem the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. F. Exhibits,_Headings. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. G. Authority for Execution. The City certifies, represents, and warrants that the execration of this Agreement is duly authorized and adopted in conformity with City ordinances. Realtex, Owner and TPEG Completion each hereby certifies, represents and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the certificate of formation and organizational documents. H. Relationship of Parties. In performing this Agreement, each of the City, Realtex, Owner and TPEG Completion 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. 1. Survival of Terms. All representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this Agreement. J. Disclosure of Interests. Realtex, Owner and TPEG Completion each further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit D. K. Certificate of Interested Parties. Realtex, Owner and TPEG Completion each further agrees, in compliance with Texas Government Code 2252.908, to complete, as part of this Agreement, the Certificate of Interested Parties form attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: Page 5 of 7 4133782V 1 4313/0002 a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at hgps:itwww.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 httDs J/www.ethics.state.tx.usAg aVch46.html. L. Right of Set-Off. The City shall have the right, but not the obligation, to set off, in whole or in part, against any obligation it owes to Owner under this Agreement, amounts owed to City by Realtex and/or Owner under the Construction Yard License Within Public Right-of-Way. [Signatures on Next Page] Page 6 of 7 4133782vA 4313/M2 CITY OF CORPUS CHRIST! REALTEX CONSTRUCTION, LLC 10 fis � � J.H. Edmonds, P. E. Date Rick Deyoe Date Director of Engineering Services President 1101 S Capital of Texas Hwy, Suite F200 Austin, Texas 78746 RECOMMENDED COSMOPOLITAN CORPUS, LLC By. TPEG Cosmo Completion, LLC its Manager Operating Department Date Dar! M ader, President APPROVED TPEG COSMO COMPLETION, LLC Office of Management Date and Budget Dan Mead resident Assistant City Attorney Date ATTEST City Secretary Date Project Number Accounting Unit Account Activity Account Category Fund Name Page 7 of 7 4133782v.I 4313A=2 EXHIBIT A PLANS FOR CHAPARRAL SIDEWALK IMPROVEMENTS COSMOPOLITAN PAVER AREA UNIT ITEM NO ITEM DESCRIPTION QTY. I UNIT I PRICE I AMOUNT ELECTRICAL Tree Uplights,includes wiring and conduit(material,labor and equipment complete in place) 1 20 1 EA $372.041 7,440.80 2 lCovers for Gas Meter Boxes(Labor and Equipment Complete in Place) 1 1 1 LS 1 8251 825.00 ELECTRICAL SUBTOTALI $8,265.80 SIDEWALK 1 Concrete Unit Sidewalk Pavers(Labor and Equipment Complete in Place) 3,150 SF $20.71 65,236.50 2 Concrete Unit Sidewalk Pavers(Material,Labor and Equipment Complete in Place) 703 EA $12.36 8,689.08 3 Planter Metal Edging Installation(Labor and Equipment Complete in Place) 147 LF $15.00 2,200.00 4 6"HDPE,Solid+Perforated(Material,Labor and Equipment Complete in Place) 47 LF $35.00 1,645.00 5 Planter Drain(Material,Labor and Equipment Complete in Place) 8 EA $500.00 4,000.00 6 Trash Receptacle,39 Gal Stainless Steel,powder coated with surface mount holes(Labor and Equipment 2 EA $50.00 100.00 Complete in Place) 7 Recycling Receptacle,39 Gal Stainless Steel,powder coated with surface mount holes and recycle sign(Labor 2 LF $50.00 100.00 and Equipment Complete in Place) 8 Bench(Plantar Walls)(Labor and Equipment Complete in Place) 1 LF $750.00 750.00 9 6"Concrete Foundation under Pavers(Material,Labor and Equipment Complete in Place) 3,150 SF $7.00 22,050.00 10 Subgrade Prep for Concrete Foundation(Under Pavers) 3,150 SF $2.21 6,961.50 11 IStain Sealer on Pavers 3,150 SF $1.17 3,685.50 SIDEWALK SUBTOTAL 115,417.58 Subtotal $123,683.38 General Conditions @ 15% $18,552.51 GRAND TOTAL $142,235.89 133HS NJIS S133HS )I1VM3OIS S133HS 1VOIN1O313 S133HS NOI1VJI d I S133HS `JNI1NVld S310N 1V2i3N39 cn 45'!5 `0946t, '9£ .S1 E.) . . ▪ to A V O) W cli u ti C) L)) 133HS NVId m m N z a m 11 ell lAgsWIAD r • w 1 1S3l03d NOdf1319V1IVAV 2 0 � = z m o o x I- co - x • 1 r CD • m Q m m z n { m 1 0 m 4 rr�r O Z z -0 C Z 0 z m �cn z > m m mm 1 rn D m n O 2 � M O C X cn N Z o� -o � s z M •nom ro. 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VEHICULAR DIRECTIONAL SIGN AND DISTRICT MARKER STRUCTURAL DETAILS CITY of CORPUS CHRISTI TEXAS Department al Engineering services tyrn lir, lop a In SAS A K I EXHIBIT B — MATERIALS ON HAND Materials list Chaparral improvements (3/3/2014) 1. 2 ea Bcnchcs 1 each benches 2. 3 ea Trash recep 3. 1 ea Recycle recep 4. 4 ea plastic caps with frame 5. 1 ea Metal cap with frame 6. 9 pallet Charcoal pavers ( 1 partial ) 7. 9 pallet Limestone pavers (1 partial ) 8. 2 pallet Pewter pavers ( 1 partial ) 9. 3 pallet Antique red pavers 10.1 pallet Red pavers (1 partial ) 11.1 partial pallet Blue pavers 12.Apx 300 lin foot alumn angle Additional 30 pallets (4/7/2014) EXHIBIT C — MANDATORY REQUIREMENTS Indemnification Developer covenants and agrees to fully indemnify and hold harmless the City and the elected officials, employees, officers, directors and representatives of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and/or property damage made upon the City, directly or indirectly arising out of, resulting from or related to Developer's activities under this Contract, including any acts or omissions of Developer and/or Developer's agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this Contract, all without, however, waiving any governmental immunity available to the City under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this indemnity are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the express intent of the parties to this contract that the indemnity provided for in this section is an indemnity extended by Developer to indemnify, protect and hold harmless the City from the consequences of the City's own negligence, provided however, that the indemnity provided for in this section shall apply only when the negligent act of the City is a contributory cause of the resultant injury, death or damage and shall have no application when the negligent act of the City is the sole cause of the resultant injury, death or damage. Developer further agrees to defend, at its own expense and on behalf of the City and in the name of the City and with counsel acceptable to the City, any claim or litigation brought against the City and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this indemnity shall apply, as set forth above. Developer shall advise the City in writing, within 24 hours, of any claim or demand against the City or Developer, known to Developer, related to or arising out of activities under this Contract and shall see to the investigation and defense of such claim or demand at Developer's cost. The City shall have the right, at its option and at its own expense, to participate in such defense without relieving Developer of any of its obligations under this paragraph. Insurance Requirements I. Developer must fumish to the City's Engineering Services a copy of the 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 by endorsement. 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 Commercial General Liability including 1. Commercial Form 2. Premises - Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Per Project Business Automobile Liability - Owned, Non -Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. $2,000,000 Per Claim 0 Required X Not Required Builder's Risk (All Perils including Collapse) No Limit ❑ Required X Not Required Inland Marine - Owned, leased, rented, delivered equipment & material No Limit X Required 0 Not Required Owner/Contractor Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required In the event of accidents of any kind related to this lease agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. ADDITIONAL REQUIREMENTS 1. 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. 2. 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. 3. 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 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. II. Workers' Compensation Insurance Coverage. Figure: 28 TAC § 110.110(c)(7) A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the division, or a coverage agreement (DWC Form -81, DWC Form -82, DWC Form -83, or DWC Form -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the proiect - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the proiect ("subcontractor" in 4406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. See Attachment A to this Exhibit. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the division. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Attachment A to Exhibit C TO THE EMPLOYER/CONTRACTOR: Pursuant to Workers' Compensation Rule 110.110 (d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers' compensation insurance. The notice required by this does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Workers' Compensation Rules. This notice must: (1) be posted in English, Spanish and any other language common to the employer's employee population; (2) be displayed on each project site; (3) state how a person may verify current coverage and report failure to provide coverage; (4) be printed with a title in at least 30 -point bold type and text in at least 19 -point normal type; and (5) contain the exact words as prescribed in Rule 110.110 (d)(7). The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and Workers' Compensation Rules. The violator may be subject to administrative penalties. Mak. a OR.v. , 211% TEXAS DEPARTMENT OF 1ISMANCE, 0M94011 OF MAIMS COMPEN611iON Rai. 1 I D t i J REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other services related to the project, regardless of the identity of their employer or status as an employee. Call the Division of Workers' Compensation at 1-800-252-7031 or access the division's website at www.tdi.texas.gov/wclindexwc.html to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. Nadce 8 (Rev 12115) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS COMPENSATION Rule 110.110 COBERTURA REQUERIDA DE COMPENSACION PARA TRABAJADORES La ley requiere que sada persona que trabaja en este lugar o que proporciona servicios relacionados con este proyecto de construction debe estar cubierta por un seguro de compensacion para trabajadores. Esto incluye a personas que proporcionan, transportan, o entregan equipo o materiales, o que proporcionan mano de obra, transporte u otros servicios relacionados con este proyecto, sin importar la identidad del empleador o el estado como empleado. Llame a Ia Division de Compensation para Trabajadores (Division of Workers' Compensation, por su nombre en ingies) al 1-800-252-7031 o visite el sitio Web de Ia Division en www.tdi.texas.gov/wclindexwc.html para recibir informacion referente al requisito legal de cobertura, asi como para verificar si su empleador ha proporcionado Ia cobertura requerida, o para reportar a un empleador que no proporciona cobertura. Notice 8S (Rev 17/15) TEXAS DEPARTMENT OF INSURANCE, DMSIONOF WORKERS' COMPENSATION Rule 110110 City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with "NA See next page for Filing Requirements, Certification and Definitions, COMPANY NAME: SoIa STREET ADDRESS: q 2- r S 144%4J0-411 �-1 4 109 P.O. BOX: CITY: S°'1A-1( STATE: TX ZIP: 701 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other O' LL-e_ Ifadditional 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 NA - 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 Nfr Board, Commission or Committee 4. State the names of each employee or officer of a "consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm.' Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requestedactionwill 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, 74144/5 occur. w.00iLektovt fLtat Certifying Person: Title: y g w 1 � � � � �, � �-�C�„-- �ll. a(I�- (Is taw -44,1/4 o �, i �7(,r. Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city. 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. g. "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. City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: 1-19 Lios-v / ¢4 / C -I --Q- STREET ADDRESS: 125-- S if -a} � �� l 5 +-+ f / OP.O. BOX: CITY: 0 ^ l R l STATE: ZIP: 74 6@. -- FIRM IS: Corporation El Association ❑ 2, Partnership 5. Other [] 3. Sole Owner ❑ 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 ti tit 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 NSA" 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 N1� 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 fJ/A- Consultant FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official o_ r 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: Signature of Certifying Person: Wit]?k 1 la- e Title: ye 0,(4,447 Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city, 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. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and tviunicipal 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 hotding 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 consultationi and recomnteridation. 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: 2016-102668 Date Filed: 08/22/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cosmopolitan Corpus, LLC Southlake, 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. Chaparral Street Improvements construction activities relating to sidewalk improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Chandra, Sanjay Southlake, TX United States X Meader, Daniel Southlake, TX United States X Burke, William Southlake, 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. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE /� Sworn to and subscribed before me, by the said k % I I )41,41 Ar i`e, , this the7...2._day of 4-4/40 , 20 (6 , to certify which, witness my hand and seal of office. G_ . p 0 Brett R. ?ensen s.��',,t,ef Commission Expires 4rFpf 12-28-2016 "' ,LL Signature of officer ad nistering oath Printed name of officer a minis enng oa Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295_ 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: 2016-102143 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. TPEG Cosmo Completion LLC Southlake, 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. Cuty 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. Chaparral Street Improvements construction work on sidewalk 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Chandra, Sanjay Southlake, TX United States X Meader, Daniel Southlake, TX United States X Burke, William Southlake, 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. I Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swor t% /j and subscribed before me, by the said l� ` ilf/i 4 JNt flo"iic e,, , this the 22 day of /4z,c1L( , 20 / b , to certify which, witness my hand and seal of office. 0P�4 Brett R. lensett ^.. - Commission Expires Iv 12-28-2016 Signature of officer Orhrnistering 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 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: 2016-102668 Date Filed: 08/22/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cosmopolitan Corpus, LLC Southlake, 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. Chaparral Street Improvements construction activities relating to sidewalk improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Chandra, Sanjay Southlake, TX United States X Meader, Daniel Southlake, TX United States X Burke, William Southlake, 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. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE /� Sworn to and subscribed before me, by the said k % I I )41,41 Ar i`e, , this the7...2._day of 4-4/40 , 20 (6 , to certify which, witness my hand and seal of office. G_ . p 0 Brett R. ?ensen s.��',,t,ef Commission Expires 4rFpf 12-28-2016 "' ,LL Signature of officer ad nistering oath Printed name of officer a minis enng oa Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.277 Corpus Chr sti Engineering Cosmopolitan Developer Agreement Council Presentation November 1, 2016 Project Vicinity �hrsti Engineering Corpus Christi. v � '417 PROJECT LOCATION X40 2 Project Location �hrsti Engineering r, Teti it icArf o1'fgr�dP;t� 3 Project Scope �hrsti Engineering The agreement is necessary to complete the final sidewalk and landscaping improvements fronting the Cosmopolitan Apartment Renovation project. • The remaining work is part of the Bond 2008 Chaparral Street Phase 1 Project that was deferred due to construction conflicts with the private Cosmopolitan Apartment Renovation project. • The Bond project included widened sidewalks with textured concrete and/or pavers, new trees, shrubs, irrigation and landscape lighting. • The City removed the line items from the Chaparral project adjacent to the Cosmopolitan to avoid project delays and escalated costs. • This agreement provides for fair and reasonable cost reimbursement to the developer upon successful completion and inspection of the work in accordance with the City's plan and specifications. 4 Project Schedule �hrsti Engineering The Developer plans to complete the remaining Bond 2008 element by December 2016. The first section of apartments are planned to open in early 2017. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 1, 2016 Second Reading for the City Council Meeting of November 15, 2016 DATE: October 6, 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 - Rezoning property located at 3838 Acushnet Drive CAPTION: Case No. 1016-02 Jose and Hector Sanchez: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Block 7, Lot 13, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. PURPOSE: The purpose of this item is to allow construction of an automotive repair facility with services expanded beyond light repair work to include heavy vehicle services. RECOMMENDATION: Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Vote Results A% vote is needed due to opposition from owners totaling more than 20% of the land in the notification zone. For: 7 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG -2" General Commercial District to the "IL" Light Industrial District to allow the construction of an automotive facility with both light and heavy vehicle services. The proposed rezoning is not consistent with Plan CC Future Land Use map's designation of the property as commercial. However, the properties to the east and west of the subject property were rezoned during the last six years for light industrial uses and the rezoning is not anticipated to have a significant change of impact upon the surrounding property. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Map and the Southside Area Development Plan. 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 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Jose and Hector Sanchez ("Owners"), by changing the UDC Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 13 from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Plan CC 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 Jose and Hector Sanchez ("Owners"), 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, October 5, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, and on Tuesday, November 1, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Jose and Hector Sanchez ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Saratoga Weber Plaza, Block 7, Lot 13, located on the north side of Acushnet Drive between Weber Road and Jefferson Street (the "Property"), from the "CG -2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 047035) as shown in Exhibit "A." Exhibit A, which is a map, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Plan CC, is amended to designate the Property for industrial land uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_Jose and Hector SanchezJose and Hector Sanchez Page 2 of 2 444* a M V U✓J C /' PROPER IL Acus CG -2 y ti GG -1 41 W R M Date Greater,: ` 9/30%2016 Pre ar B, : JeremyM, pa // n Devolop entyS\ ces/ ti i CASE: 1016-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 LOCATION MAP City of Corpus Christi EXHIBIT A Aerial Overview 1 N Aerial At N PLANNING COMMISSION FINAL REPORT Case No.: 1016-02 HTE No. 16-10000035 Planning Commission Hearing Date: October 5, 2016 Applicant & Legal Description Applicant/Representative: John Kendall Owner: Jose and Hector Sanchez Location: 3838 Acushnet Drive. Legal Description: Lot 13, Block 7, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. Zoning Request From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 0.661 acres Purpose of Request: To allow construction of an automotive repair facility with services expanded beyond light repair work to include heavy vehicle services. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial District Vacant Commercial North "CG -2" General Commercial District Commercial Commercial South "CG -2" General Commercial District and "IL" Light Industrial Medium Density Residential Commercial Commercial East "IL" Light Industrial Light Industrial Light Industrial West "IL" Light Industrial Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Plan CC Future Land Use map nor with the Southside ADP Development Plan. Map No.: 047035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 120 feet of street frontage along Acushnet Drive, which is a "01" Minor Residential Collector street. The maximum average daily trips for a "01" is 1,000 to 3,000. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Acushnet Dr. "01" Minor Residential Collector 60' ROW 40' paved 57' ROW 37' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to "IL" Light Industrial District for allowance of a heavy vehicle service use. Heavy vehicle service use is not considered a general commercial use. Development Plan: The applicant proposes to rezone the subject lot, which is a part of the Saratoga Weber Plaza Subdivision, to the "IL" Light Industrial District. The lot equals 0.66 acres. The purpose of the rezoning is to construct a single story 5,000 square foot building to be used as an automotive repair facility to provide both light and heavy vehicle services. Existing Land Uses & Zoning: The subject property is vacant and zoned "CG -2" General Commercial District. North of the subject property is zoned "CG -2" General Commercial District with commercial use for a storage facility. The lots to the east and to the west are zoned "IL" Light Industrial District used as trade offices and a car body shop, respectively. South of the property is zoned "IL" Light Industrial District with a commercial use, and "CG -2" General Commercial with a medium density residential use where the Crosswinds apartments are present. AICUZ: The subject property is located within Accident Potential Zone -II (APZ-II) of the Navy's Air Installation Compatibility Use Zones (AICUZ). The proposed heavy vehicle service use is consistent with AICUZ guidelines for use in APZ-II (6.5 UDC).The Navy has commented and does not object to the proposed use. Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Future Land Use Plan's designation of the property as commercial. Several policy statements are available in Plan CC as well as the Southside Area Development Plan to ensure consistency of zone change requests with the Comprehensive Plan: • Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. (Plan CC, Principles, page 15) Staff Report Page 3 • Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. (Plan CC, Goals, 1, page 50.) • Encourage orderly growth of new residential, commercial, and industrial areas. (Plan CC, Strategies, 4, page 50.) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. (Southside Area Development Plan, Policy Statement B.6) Department Comments: • The proposed rezoning of the subject lot is not consistent with the Plan CC Future Land Use map's designation of the property as commercial. • The properties immediately to the east and west of the subject property are both zoned "IL" Light Industrial District and have a similar use of vehicle service. • Industrial development is not compatible with the existing multi -family development across Acushnet Drive. • Heavy vehicle service is not a permitted use in the "CG -2" General Commercial District. • For heavy vehicle service, "IL" Light Industrial District would be a suitable use. • "IL" Light Industrial District zoning would conform to the surrounding east and west zoning and not significantly alter the present neighborhood conditions. • The properties to the east and west of the subject property were rezoned during the last six years for light industrial uses. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG -2" General Commercial to "IL" Light Industrial District. Vote Results: For: 7 Opposed: 0 Absent: 0 Notification Number of Notices Mailed — 6 within 200' notification area; 4 outside notification area As of October 11, 2016: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 1 (inside notification area); 0 (outside notification area) For 32.06% in opposition. Staff Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. AICUZ Map 4. Application 5. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-02 Jose & Hector Sanchez (Acushne-John Kendall)\Council Documents\1016-02 Report to Council.docx RM-Datecrewt'd 973012myM026 / Prtear B, : Je�re, pa /� n Devolop entyS\ ces/ i CG -2 SP/0(3-05 CG -2 CG -2 SP/11-08 Sq, Rr. �q%,J,4 CG -1 SUBJ CT PROPER Y CG -1 CG -2 N n 400 800 Feet CASE: 1016-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition J LOCATION MAP YIN City of Corpus Christi CG -1 SUBJ CT PROPERTY / / MDate Created�913012016' - Prepared�B : Je'remyM 7 pa 1 % nT Devolohten`tyS%%ices ti / CASE: 1016-02 AlCUZ Runway Control Zone Zone 1 Zone 2 Map Scale: 1:2,400 WIN City of Corpus Christi LOCATION MAP - 00600 35 .tJ V LwrmcniwrrLiL,i1V Vnma+necun,m_.'4'r r Unrr1'-"l V REZONING APPLICATION 00Ar ` ,,,, >, n v:-� `' ` 7`as"' Development Services Dept. P.0 Box 9277 Carpus Christi, Texas 76469-9277 (361)826-3240 Located at 2406 Leopard Street >% O CD to n d 0 Case No.: 10/5/16 Map No.: b q [ U 35 October 5, 2016 PC Hearing Date: Proj.Mgr: Hearing Location: City Hall. Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m; * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. •INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Jo //AJ Kr-1/9ia 4-/— Contact Person : -Ls' HeN-1 /4'71.....00. id-- dMailing MailingAddress: S.14a' J. 7A re34-04". ‘ S- e rare 3 City: G-"{1../✓ j C'/ eve S / State: / /ti ZIP: 7J e/ 2 Phone: (346./ ) faY-7rre.`3 E-mail: Cell:. (3G/ ) 7G4 -GG 3 g ' 2. Property Owner(s). J"'SC-5,,crNG/G1I4- Contact Person : "le" -- E p�/11.4. Mailing Address 2 5- S� 6.-.4Coe-- p'`' r v-.4- City: ec- -Pe, e'f/it-e rr State. 72</ZIP: 745-r?y Phone: ( ) E-mail Cell: ( ) 3. Subject Property Address: 3 J 30 /ncc/S�/,'� / Area of Request (SF/acres): 2' 771 • 44 elle Current Zoning & Use: C 6 ~2. Proposed Zoning & Use: /4 12 -Digit Nueces County Tax ID: %3 2 - o 4;',9 7 - ei i .3 D Subdivision Name' 5-f '/47.1'G'Q Aret- l Block: 7 Lot(s): r3 Legal Description if not platted: 4. Submittal Requirements: Date Held dDisclosure is inconsistent with exhibit landowner : with City Staff • Early Assistance Meeting: Land Use Statement IF APPLICABLE: IB/Peak Hour Trip Form (if request of Interest ErCopy of Warranty Deed with Future Land Use Plan) 0 Site Plan for PUD or Special Permit • Metes & Bounds Description if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization Appointment of Agent Form if is not signing this form I certify that I have provided the City of Corpus Christi with a complete application forreview; t . c I am a o 'zed to initiate this rezoning as or on behalf of the Property Owner(s); and the inf rmationpro ded is ac, r -i -. & s e 6 S a,v(�11 E 'Z 1` .nr�� Owner or Agent's Signature Appliiarat' ign- ur- T �Owne3a,40,.� /ma•-,ce,,,(-A- G� ,....-....---- r or Agent's Printed Name Applicant' - nted Name `� Owner Office Use Only: Date Received. 11 d " 3D -1 CI Received By: ,b Ip ADP: Rezoning Fee. I 101. SO + PUD Fee + Sign Fee l d • G O = Total Fee (1 1 1 -1 . 5 0 1 No. Signs Required k c $10/sign Sign Posting Date: .tJ V LwrmcniwrrLiL,i1V Vnma+necun,m_.'4'r r Unrr1'-"l V LAND USE STATEMENT The property in question is .661 acres in area, and currently zoned CG -2, the applicant is requesting a change of zoning to IL light industrial. The applicant intends to build a single story 5,000 square foot building to be used as an automotive repair facility. Under the requirements of CG -2, zoning their facility will be limited in the types of repairs they can perform. The IL district would allow them the opportunity to do more than just light repair work and give them the ability to increase the amount of business they can do. Once the business is in full operation it will employ four people, and will be open from 8:00 am to 5:00 pm on Monday through Friday and 8:00 am till noon on Saturday. Land uses of the adjoining areas: North - CG -2 South - CG -2 East - IL West - IL 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: J+ er"j STREET: .9z -e S StAP,C0s*Sef CITY: C'st-his ,eFfrs-egr, j/K ZIP: Ye'' FIRM is:Vorporation OPartnership ()Sole Owner OAssociation OOther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 31/4 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 31/4 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 31 or more of the ownership In the above named "firm". Name Board, Commission, or Committee a/L•le't 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 31/4 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. f1.(l.1 Certifying Person (Print Name) Signature of Certifying Person; Title: Date: 4F -=?G--/6 k\DEVELOPMENTSVCSLSHAREDILAND DEV ELOPMENTWPPLICA-ION FORM$'REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2055 DOC Persons with disabilities planning to attend this meeting, who may require special services, are re;uested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con inca)ar;:dades, que tienen la intention de asistir.a este iunta_v que requieren servicios especiales, se les suplirs due den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (36 826-3240. If you wish to address the Commission during the meeting and your English is limited, please cal the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be iresent during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitacio f3vor de !lamer al deem:amento de servicios de desarrollo al numero (361) B26-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1016-02 Jose G. Sanchez and Hector V. Sanchez have petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. resulting in a change to the Future Land Use Map from commercial to Tight industrial uses. The subject property is located at 3838 Acushnet Drive. The property to be rezoned is described as. Lot 13, Block 7, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 5, 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: Psiere, c-/- j'/ lG Address: _ 7 pit, CitylState:.1 .194 ✓ v 54► 7X 7t/i- ( ) IN FAVOR KIN OPPOSITION Phone: 3 11-6 Fi" t REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 6 HTE# 16-10000035 Signatu Case No. 1016-02 Project Manager: Laura Sheldon AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 1, 2016 Second Reading for the City Council Meeting of November 15, 2016 DATE: October 6, 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 701 East Port Avenue CAPTION: Case No. 1016-03 Durrill Farms, LLC: A change of zoning from the "IH" Heavy Industrial District to the "CI" Intensive Commercial District. The property to be rezoned is described as a 2.6 -acre tract of land out of Port Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. PURPOSE: The purpose of this item is to rezone the property to allow construction of a multi -use hotel/business/restaurant development. RECOMMENDATION: Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Vote Results For: 5 Against: 0 Absent: 2 Abstained: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "CI" Intensive Commercial District to allow the construction of a multi -use hotel/business/restaurant development. The proposed rezoning is consistent with the newly adopted Plan CC Comprehensive Plan. The property is appropriately located for commercial uses at the intersection of an expressway and a secondary arterial. The rezoning is compatible with adjacent projects and character of the surrounding area. The rezoning is not anticipated to have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Area Development Plan. The proposed rezoning to the "CI" Intensive Commercial District is consistent with the adopted Future Land Use Map and the Central Business Area Development Plan. 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 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Durrill Farms, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.6 -acre tract of land out of Port Addition, Block 2, Lot 1, from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District; amending the Plan CC 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 Durrill Farms, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 5, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District, and on Tuesday, November 1, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Durrill Farms, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.6 -acre tract of land out of, Port Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street (the "Property"), from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District (Zoning Map No. 045046), 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, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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 K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-03 Durrill Farms, LLC\Council Documents\Ordinance_1016-03_Durrill Farms, LLC.docx Page 2 of 2 EXHIBIT "A" Tract 1: Field note Description for a 2.6 acre tract of land out of Lot 1, Block 2, Port Addition, a Subdivision of the City of Corpus Christi,Texas recorded Jn Volume 63, Pages 8889, Nueces County, Texas, Map Records, and being more particularly described by METES AND BOUNDS as follows: BEGINNING ata 518" iron rod set at the intersection of the north right-of-way line of Brewster Street and the Northwest right -of way line of U.S. Highway 181,for the southeast and beginning corner of the tract herein described. THENCE South 78° 52' 48" West, with the north right-of-way line of said Brewster Street, a distance of 345.46 feet to a 5/8" 'ron rod found for the P.C. of a curve to the right at Is intersection with the west right. of -way line of Tancahua Street, for a corner of the tract herein described; THENCE in a westerly and northwesterly direction with the arc of said curve to the right whose Central Angle Is 90° 00' 00", whose Radius Is 20.00 feet, an Arc Distance of 3142 feet to a 5/8" Von rod, the P.T. of said curve for a corner of the tract herein described; THENCE, North 11° 07' 12" West, with the east of right-of-way line of said Tancahua Street, a distance of 72.59 feet to a 5/8" Iron rod found for corner, the PT. of a curve to the right, for a corner of the tract herein described; THENCE, Ina northerly direction with the arc of said curve the right, whose Central Angle Is 9° 49' 00", whose Radius is 770.00 feet, and Arc Distance of 131.93 feet to a 5/8" 'ron rod set for the P.T. of said curve and for a corner of the tract herein described; THENCE, North 1° 18' 12" West, with the east right-of-way line of said Tancahua Street, a distance of 66.09 feet to a 5/8" iron rod set for the P.C. of a circular to the right for a corner of the tract herein described; THENCE in a Northerly, Northeasterly and Easterly direction, with the arc of said curve to the right, whose Central Angle is 90° 00' 00", whose Radius is 20.00 feet, an Arc Distance of 3142 feet of the P.T. of said curve and for a corner of the tract herein described; THENCE, North 88° 41' 48" East, with the south right of way line of East Port Avenue, a distance of 274.10 feet to a 5/8" iron rod set for a corner, the P.C. of a circular curve to the left for a corner to the tract herein described; THENCE, in a Northeasterly direction with the Arc of said curve to the left, whose Central Angle Is 16° 36' 59", whose Radius is 535.00 feet, an Arc Distance of 155.16 feet to a 5/8" iron rod set in the west right -of. way line of U.S. Highway 181 un upper level, ground level retained by Port of Corpus Christi,Texas, and for the northeast corner of the tract herein described; THENCE, in a Southerly or Southwesterly direction with the west right of way lines of U.S. Highway 181, with the Arc of a circular curve to the left whose Central angle is 4° 40' 30", whose Radius is 3,374.18feet, an Arc Distance of 275.32 feet to the POI NTOF BEGINNING. CONTAINING 2.6 ACRES OF LAND MORE OR LESS NOTE: Company is prohibited from insuring the area or quantity of the land described herein. Therefore, Company does not represent that the acreage orsquare footage calculations are correct. References to quantity are for informational purposes only. Tract 2: Field note Description for a 0.64 acre tract of land out of Lot 1, Block 2, Port Addition, a Subdivision of the City of Corpus Christi ,Texas, recorded in Volume 63, Page 89, Nueces County, Texas, Map Records, said 0.64 acre tract located northeast of the east end of Brewster Street In the ground level of U.S. Highway No. EXHIBIT "A" continued 181 and more particularly described by METESAND BOUNDS as follows; BEGINNING at the intersection of the north right-of-way line of said Brewster Street and the west right -of way fine of ground level U. S. Highway 181,for the southwest and beginning corner of the tract herein described; THENCE In a northeasterly direction with the west right-of-way of ground level U.S. Highway No.181,and with the east line of present Lot 1, Block 2, and with the Arc of a circular curve to the right whose Central Angle Is 4° 40' 30", whose Radius is 3,374.18 feet, an Arc Distance of 275.32 feet to a 5/8" Von rod set h the south line of East PortAvenue Access and Utility Easement as per Document No.2004007487, Nueces County, Texas Deed Records for the Northwest corner of the tract herein described; THENCE h a northeasterly direction with the south right-of-way line of said East PortAvenue Access and Utility Easement and with the Arc of a circular curve to the left whose Central Angle is 6° 23' 01", whose Radius is535.00 feet, an Arc Distance of 59.61 feet to the P.T. of said curve and for a corner for a corner of the tract herein described; THENCE North 65° 41'48" East, with the Southeast right-of-way line of said East Port Avenue, a distance of 126.12 feet to a 5/8" iron rod set for the northeast corner of the tract herein described; THENCE South 28° 26' 07" West, with a line that is approximately 15 feet northwest of and .parallel to the Centerline of a railroad spar, a distance of 353.00 feet to a 5/8" ron rod set for corner In the P.C. of a circular curve to the left for a corner of the tract herein described; THENCE in a Southwesterly direction with the Arc of said curve to the left whose Central Angle Is 2° 01' 21", whose Radius is 765.75 feet, an Arc distance of 27.03 feet to a 5/8" ron rod set for the southwest corner of the tract herein described; THENCE South 78° 52' 48" West, a distance of 44.10 feet to the Point of Beginning, Upper level used by Texas Department of Transportation U.S. Highway 181,ground level use retained by Port of Corpus Christi Authority. Containing 0.64 acres of land more. or less. NOTE: Company Is prohibited from insuring the area or quantity of the land described herein. Therefore, Company does not represent that t/1 e acreage orsquare footage calculations are correct. References to quantity are forinfonnat/onal purposes only. POINT OF BEGINNING 4 EXHIBIT B PORT AVENUE _ 0 50' 50' PORTION OF LOT 1 (2.60 ACRES) ,poEs) (y/01 I, ALBERT E. FRANCO, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DRAWING WAS PREPARED FROM SURVEYS MADE ON THE GROUND UNDER MY SUPERVISION, AND THAT SAID DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE, THIS THE 29th DAY OF AUGUST 29, 2016 0 E. HALM 00. ad14/f, ALBERT E. r A900, JR.- 4.P.L.S. TEXAS REGISTRATION NO. 4471 10 NOTES: - GRAPHIC SCALE 60 LEGEND AND ABBREVIATIONS 120' PROPERTY UNE • PROPERTY CORNER FOUND • PROPERTY CORNER SET ADJACENT PROPERTY LINE VOL 713, PG 594-599, 0.8.6.0.0. RIGHT -OF --WAY - CENTERLINE ROADWAY DEED RECORDS, NUECES COUNTY, 0.6.6 0.7, TEXAS MAP RECORDS, NUECES COUNTY, M.R.N.C.T. TEXAS 1. BASIS OF BEARING OF THIS SURVEY IS THE NORTH UNE OF LOT 1, BLOCK 2, PORT ADDITION, AS SHOWN ON THE PLAT OF LOTS 1, 2, AND 3, BLOCK 1, AND LOT 1, BLOCK 2, PORT 40011109; RECORDED IN VOLUME 63, PAGE 89, MAP RECORDS, NUECES COUIVIY, TEXAS. PROPERTY CURVE TAB CURVE RADIUS (R) LENGTH (L) DELTA ANGLE (o) TANGENT (T) CHORD BEARING (CB) CHORD LENGTH (CL) C1 535.00' 155.16' 163659" 78.13' N 80'23'18 E 154.61' C2 3,374.17' 275.32' 44030" 137.73' S 111615" W 275.24' C3 20.00' 31.42' 900000" 20.00' N 56'07'12" W 28.28' C4 770.00' 131.93' 94900" 66.13' N 61242" W 131.77' 05 20.00' 31.42' 900000" 20.00' N 434148" E 28.28' PROPERTY L1145 TABLE LINE BEARING DISTANCE L1 N 88'41'48" E 274.10' L2 S 785248" W 345.46 L3 N 11'07'12" W 72.59' L4 N 11812" W 66.09' 91088 LJA Engineering, Inc. 820 8211210 Seeet Phone 381.887.8861 Corpus Christi, Texas 78401 Fax 361.887.8859 5890 658 Reg. • F-1386 TBPLS Firm Reg. 810018600 REZONING APPLICATION METES AND BOUNDS DRAWING ITRAT'Etr-20 158 ' 0922-15024 Aerial Overview 1 N Aerial PLANNING COMMISSION FINAL REPORT Case No. 1016-03 HTE No. 16-10000036 Planning Commission Hearing Date: October 5, 2016 Applicant & Legal Description Applicant/Owner: Durrill Farms, LLC Representative: LJA Engineering/Clinton McAdams Legal Description/Location: Being a 2.6 -acre tract of land out of Lot 1, Block 2, Port Addition, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. Zoning Request From: "IH" Heavy Industrial District To: "Cl" Intensive Commercial District Area: 2.6 acres Purpose of Request: To allow construction of a seven -story hotel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial District Public/Semi-Public Commercial North "IH" Heavy Industrial District Commercial and Public/Semi-Public Tourist South "IH" Heavy Industrial District Commercial Commercial East "IH" Heavy Industrial District Public/Semi-Public Commercial West "IH" Heavy Industrial District Public/Semi-Public Parking Lot ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "Cl" Intensive Commercial District is consistent with the adopted Future Land Use Map and the Central Business Area Development Plan. Map No.: 045046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 450 feet of street frontage along Port Avenue, which the Urban Transportation Plan designates as an "A2" Secondary Arterial Divided street; 300 feet along Brewster Street, which is designated as a local residential street, and 400 feet along Tancahua Street, which is designated as a "01" Minor Residential Collector street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Port Avenue "A2" Secondary Arterial Divided 100' ROW 54' paved 95' ROW 45' paved N/A Brewster Street Local Residential 50' ROW 28' paved 55' ROW 30' paved N/A Tancahua Street "01" Minor Residential Collector 60' ROW 40' paved 55' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District to allow the construction of a seven -story hotel. Development Plan: The applicant is proposing a seven story, 156,667 square foot hotel with 196 rooms. It will include 7,890 square feet of office space and meeting space along with a 3,995 square foot restaurant. At a minimum, the Unified Development Code would not require any setbacks due to surrounding heavy industrial districts surrounding the lot. A buffer yard of 10 feet with 5 points would be required along the property lines abutting the "IH" Heavy Industrial District. The proposed development will have a height of 78 feet and 6 inches, not including the 5 foot parapet. Existing Land Uses & Zoning: The subject property is a parking lot and zoned "IH" Heavy Industrial District. All of the surrounding property is in the "IH" Heavy Industrial District. North of the subject property is Whataburger Field and Hurricane Alley. West of the subject property is a parking lot owned by the Nueces County Navigation District and to the south is Brewster Street Ice House. There is a strip of the parking lot adjacent and to the east of the subject property not owned by the applicant. Further east of Highway 181 is zoned "Cl" Intensive Commercial and consists of the "S.E.A." District (Sports, Entertainment and Arts). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Area Development Plan and is designated for commercial uses. The proposed rezoning to the "Cl" Intensive Commercial District is consistent with the Plan CC and the Future Land Use Map. Additionally, the following are pertinent elements of Plan CC that should be considered: • Support market diversification by the tourism industry.(Plan CC, Element 4, Goal 1, Strategy 2) • Support the marketing and expansion of the tourist and convention businesses. (Plan CC, Element 4, Goal 1, Strategy 4) • Promote financial incentives for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. (Plan CC, Element 4, Goal 2, Strategy 2) • Encourage the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. (Plan CC, Element 4, Goal 2, Strategy 3) • Encourage improvements of the port area and its facilities according to the Port of Corpus Christi's Strategic Plan. (Plan CC, Element 4, Goal 7, Strategy 1) • Support the marketing of the convention business through strategic planning and continued implementation for promoting the development of meeting facilities in the area and for the most cost effective use of the Convention Center, meeting facilities, and cultural facilities.(Plan CC, Element 4, Goal 9, Strategy 3) • In order to ensure that development and redevelopment within the Central Business area will eliminate blighting influences of outmoded and inefficient development patterns, the following land use techniques shall be required for all development: (POLICY LU 1.3, Central Business Area Development Plan) o Create a walkable, pedestrian-oriented and transit-supportive urban environment. o Conserve land, energy, and natural resources through reduced automobile usage and advanced techniques such as onsite low- impact stormwater design techniques where practicable, and concentrate intensive land uses around existing public and private infrastructure so as to take advantage of the value of such investment. o Promote a mix of tourist, retail, entertainment, residential, and civic uses in the Central Business area and provide an aggregation of commercial uses in centers; avoid the use of any additional new strip-commercial development along right-of-ways. • Plan and provide for a functional 24-hour Central Business area with residential and non-residential mixed use centers, containing areas of different densities, architectural styles, and land uses. Emphasize conflict-free, ADA-accessible, pedestrian-oriented planning techniques to enhance connections between Downtown and Uptown and promote a uniquely attractive atmosphere for small and large-scale tourist attractions and local businesses. (OBJECTIVE UD 1, Central Business Area Development Plan) • Provide diversity, not homogeneity, with a variety of building types in an attractive urban environment utilizing form, color, materials, building orientation, variation in building height, placement, and siting, and by arranging buildings in a regular patterns that are unbroken by parking lots and locating parking behind all uses for new development. Where parking garages are developed, the first floor of any parking garage must be constructed to ultimately provide mixed commercial/office uses on the first floor street level. (POLICY UD 1.3, Central Business Area Development Plan) • Pursue the development of a comprehensive "Complete Streets" program and design within the Central Business area boundaries. Pedestrian corridors should provide a strong, pedestrian -oriented environment for people of all ages and diverse forms of mobility. (POLICY UD 1.4, Central Business Area Development Plan) • The City Council adopts Figure 6 "Central Business Multi -Modal Transportation Map" as the guide for future multi -modal transportation decisions in the Central Business area. The transportation network of this Plan constitutes additional planning and implementation measures for the Central Business area in addition to those outlined under the City's adopted Urban Transportation Plan. (POLICY TD 1.1, Central Business Area Development Plan) Plat Status: The subject property is platted. Replatting may be required at the Building Permit stage in order to ensure adequate utility easements for potential public improvements. Department Comments: • The rezoning is consistent with the Comprehensive Plan. • The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property being rezoned is suited for the uses permitted by the requested district, "Cl" Intensive Commercial District. • The rezoning does not have a negative impact upon the surrounding neighborhood. • Applicant has provided a Memorandum of Understanding between Whataburger Field and Hurricane Alley with an agreement of shared parking for the hotel for 200 parking spaces. • Although a hotel use is an acceptable use for a commercial district, the proposed seven story hotel and mixed commercial use may incur a higher traffic count for surrounding area. Staff Recommendation: Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 2 outside notification area As of October 6, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-03 Durrill Farms, LLC\PC Documents\Report for PC.docx _.�y; , o• >- ! J —....,,,o., 6, * �85S_ Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: Map No.: PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Durrill Farms, LLC Contact Person .William R. Durrill, Jr. Mailing Address:615 S. Upper Broadway City: Corpus Christi state: TX ZIP: 78401 Phone: ( 361 ) 884-8857 E-mail: Cell: ( ) 2. Property Owner(s): Durrill Farms, LLC Contact Person :William R. Durrill, Jr. Mailing Address: 615 S. Upper Broadway city:Corpus Christi State: TX ZIP:78401 Phone: 3(61 )884-8857 E-mail: Cell: ( ) /01 E. Port Avenin 60 Between E. Port Ave., N. Tanacahau St., Brewster St., & US 181 3. Subject Property Address: Area of Request (SF/acres): Current Zoning & Use: IH - Parking Lot Proposed Zoning & Use: CI - Hotel 12 -Digit Nueces County Tax ID: 6903 - 0002 - 0012 Subdivision Name: 2.60 acres out of Port Addition Block: 2 Lot(s): 1 Legal Description if not platted: 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held 11/10/15 ;with City Staff Steven Rhea, Gilbert Garza, Miguel Torres, Alyssa Barrera 0 Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE: 0 Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) IN Site Plan for PUD or Special Permit ■ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization • Appointment of Agent Form if landowner is not signing this form I certify that I have provided the 'ty of Corpus Christi with a complete application for re as n behalf of the Property Owner(s); and the irtifor o A iir "ew; that I am authorized to initiate this rezoning rovide. is accurate. Oor Agent's SignatureOF A.. ' - • a ure am R. Durrill, Jr. & James Gourley William R. Durrill, Jr. & James Gourley Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required @ $10/sign Sign Posting Date: K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTAPPLICATION FORMS\REZONING\ZONING APPLICATION 2015.DOC Form Revised 5/12/2015 NAME: DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". Durrill Farms, LLC STREET: 615 S. Upper Broadway FIRM is: Corporation Partnership CITY: Corpus Christi Zip: 78401 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 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: William R. Durrill, (Print Name) Signature of Certifying Person: K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTW LICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC r: Title: Vice -President Date: LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Durrill Farms, LLC is requesting a zoning change from Heavy Industrial (IH) to Commercial Intensive (CI) for a proposed development on the subject property, Port Addition, Block 2, Lot 1, located adjacent to US Highway 181. The requested zoning change will coincide with the existing zoning of Commercial Intensive (CI) on the east side of US Highway 181. The proposed development will be a seven (7) story, 156,667 square foot Hotel. The Hotel will consist of 196 rooms, 7,890 square feet of office and meeting space, and a 3,995 square foot restaurant. The proposed development will have a height of 78'-6", not including the 5' parapet. The proposed development will remove 153 parking spaces from the existing parking facility which contains 305 parking spaces; these spaces will be compensated for by a shared use parking agreement. Signage will be approved by Development Services during the construction permitting process. Construction of the hotel is scheduled to begin in May, 2016 and the anticipated completion date is November, 2017. Completion of proposed utility work is expected in October, 2016. The hotel will remain open 24 hours a day and provide 60 full-time equivalent employment opportunities. 2. Identify the existing land uses adjoining the area of request: North - IH South - IH East - CI West - IH C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC 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:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Durrill Farms, LLC STREET: 615 S. Upper Broadway FIRM is: Corporation Partnership CITY: 615 S. Upper Broadway Sole Owner ZIP: 78401 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 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James Gourley Title: President (Print Name) Signature of Certifying Person: Date: 8/2-7//.e K:\DEVELOPMENTSVCS\SHARED\LAND DEVELO \APPLICATION FORMS \REZONING\DISCLOSIIRE OF INTERESTS STATEMENT_5.12.2015.DOC 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:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: N/A - Between E. Port Ave., N. Tanacahau St., Brewster St., & US 181 Legal Description (Subdivision, Lot, Block): 2.6 Acres out of Part Addition, Block 2, Lot 1 Applicant Name: Durrill Farms, LLC Address: 615 S. Upper Broadway City/State/Zip: Corpus Christi, TX 78401 Telephone: (361) 884-8857 Email: Application Status (Select One): ❑X Rezoning El Site Plan EIStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 2.60 196 rooms IH Parking Lot N/A 0.52 102 0.61 120 80 100 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 2.60 196 rooms CI Hotel 310 0.52 102 0.61 120 80 100 Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) E. Port Avenue 2 Exist. & 1 prop. 46 70 N. Tanacahua Street No 36 60 Brewster Street Existing Varies (26) 60 US 181 No 80 100 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with pithe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. ITRAT'Etr-20 158 ' 1,114▪ . 0822-15824 POINT OF BEGINNING PORT AVENUE _ 0 PORTION OF LOT 1 (2.60 ACRES) - -EE1 souLs) (y/01 I, ALBERT E. FRANCO, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DRAWING WAS PREPARED FROM SURVEYS MADE ON THE GROUND UNDER MY SUPERVISION, AND THAT SAID ORAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE, THIS THE 29th DAY OF AUGUST 29, 2016 0 E. FPALEO. 00. ALBERT E. F A900, JR.- 4.P.L.S. TEXAS REGISTRATION NO. 4471 uut:T)„,:it:t 00' 15 NOTES: - 0999910 SCALE 60 LEGEND AND ABBREVIATIONS 120' PROPERTY UNE • PROPERTY CORNER FOUND • PROPERTY CORNER SET ADJACENT PROPERTY LINE VOL 713, PG 594-599, 0.8.6.0.0. RIGHT—OF--WAY - CENTERLINE ROADWAY DEED RECORDS, NUECES COUNTY, 0.6.6 0.7, TEXAS MAP RECORDS, NUECES COUNTY, M.R.N.C.T. TEXAS 1. BASIS OF BEARING OF THIS SURVEY IS THE NORTH LINE OF LOT 1, BLOCK 2, PORT ADDITION, AS SHOWN ON THE PLAT OF LOTS 1, 2, AND 3, BLOCK 1, AND LOT 1, BLOCK 2, PORT ADDITION; RECORDED IN VOLUME 63, PAGE 89, MAP RECORDS, NUECES COUIVIY, TEXAS. PROPERTY CURVE TAB CURVE RADIUS (R) LENGTH (L) DELTA ANGLE (3) TANGENT (T) CHORD BEARING (CB) CHORD LENGTH (CL) C1 535.00' 155.16' 163659" 78.13' N 80'23'18 E 154.61' C2 3,374.17' 275.32' 44030" 137.73' S 111615" W 275.24' C3 20.00' 31.42' 900000" 20.00' N 56'07'12" W 28.28' C4 770.00' 131.93' 94900" 66.13' N 61242" W 131.77' 05 20.00' 31.42' 900000" 20.00' N 434148" E 28.28' PROPERTY LUSE TABLE LINE BEARING DISTANCE L1 N 88'41'48" E 274.10' L2 S 785248" W 345.46 L3 N 11'07'12" W 72.59' L4 N 11812" W 66.09' 51088 LJA Engineering, Inc. 820 8211210 Street Phone 381.887.8861 Corpus Christi, Texas 78401 Fax 361.887.8859 9890 658 Reg. 80.1386 TBPLS Firm Reg. 810018600 REZONING APPLICATION METES AND BOUNDS DRAWING PORT AVENUE -'i o �4� HREWSTER STREET_ PRELIMINARY PENSIONS \- [.SANG a HP WS GAS LEGEND PROPOSED WASTEWATER LINE PROPOSED WATER LINE PROPOSED FIRE HYDRANT 10FUTURE WATERLINE EASEMENT LJA Engineering, Inc. LA 820 Buffalo Street Phone 361 887 8851 Corpus Christi, Texas 78401 Fax 3618878855 TBPE Firm Reg.# F-1386 TBPLS Firm Reg. #10016600 HASPING 2- WS CAS — GRAPHIC SCALE 50' ZJZ HOSPITALITY -HILTON HOTEL IOD' Zoning Application Exhibit DRAWN BY. GV APPROVED Br. CAN n. I /11/11 SHEET no. 1 OF 1 June 22, 2016 Sea District Hotel Group, LP CC Hurricane Alley, Ltd. • Corpus Christi Baseball Club, LP Re: Parking Lot Agreement Dear Sirs: This letter will serve to confirm the terms of the Agreement between CC Hurricane Alley, Ltd. d/b/a Hurricane Alley Water Park ("Hurricane Alley"), Sea District Hotel Group, LP ("HoteI Group") and Corpus Christi Baseball Club, LP d/b/a The Hooks ("Hooks). Each of these entities intends to use the parking areas owned by the Port of Corpus Christi and currently under lease to Corpus Christi Baseball Club, LP by Lease dated between the Hooks and the Port of Corpus Christi. The parties desire to specify and state that Agreement regarding parking lots as follows: 1. Hotel Group will install electronic ingress and egress gates to the parking lot at its sole expense. Access will be by use of cash, credit cards, tokens, or debit cards, and Hotel Group will maintain records of the parking lot income. 2. On Hooks game days and events promoted by the Hooks at Whataburger Field, ingress and egress to the parking lots will be controlled by the Hooks, who will collect and retain revenue. On any Hooks event in which all parking spaces sell out, Hotel Group will pay Hooks $1,500. 3. All funds will be deposited into an account maintained by Hurricane Alley, and a system will be put into place which allows all parties access to the account for verification of funds associated with any activities or daily use of the parking lots. 4. Operation of the parking lot will be as follows: a. The Hooks will be responsible for cleaning the parking lots as necessary. b. Hotel Group will be responsible for maintaining gates it installs for ingress and egress. c. Hurricane Alley will be responsible for accounting for expenses and revenues. d. The Hooks will receive a management fee equal to 3% of revenue generated by each party. e. As to all other expenses and costs, each party will be responsible for expenses, including maintenance and repairs, based upon their proportional use of the parking lot, based on income derived from the parking lot. No expenditure can be made for sharing operations costs in excess of $10,000.00 without written approval of all parties. However, the parties agree that capital improvements during the first five (5) years of the Agreement will be 25% Hurricane Alley, 25% Hotel Group and 50% Hooks, and thereafter based on proportional use of the parking lot based on income derived from the parking lot. f. Usage by each entity, maintenance costs, repairs costs, and a future schedule of capital improvements will be reviewed at the end of November each year during the term of the agreement. At that time changes to this agreement can be made subject to the agreement by all parties. 5. This Agreement is subject to the current Iease agreement between Corpus Christi Baseball Club, LP and the Port of Corpus Christi for the use of the parking lot and, therefore, the Port of Corpus Christi must approve this Agreement before it is effective. The term of this Agreement is from the date of the Port of Corpus Christi's approval, until termination of the current lease agreement. 6. All parties agree to account for any expenditures for operations and for income received for the use of the parking lots. 7. All parties shall allow access to other parties to any records reasonably requested or necessary to verify expenditures and/or income. 8. All Parties agree that Hotel Group will have Z04: the Hotel. Dated: Dated: 6 (L jf(, / (e reserved spaces located nearest CC Hurricane Alley, Ltd. By: CC Water Park, LLC Its: General Partner By: Its: ( OA ` eifi '( Corpus Christi Baseball Club, LP By: Michael Wood Its: General Manager. Dated: ��/.‘ Its: tit)/ 1 ., Sea District Hotel Group, LP By: Its:��f/G/I/tL- /1'`� CASE: 1016-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition SUBJECT PROPERTY LOCATION MAP City of Corpus Christi AGENDA MEMORANDUM Future Item for the City Council Meeting of November 1, 2016 Action Item for the City Council Meeting of November 15, 2016 DATE: TO: October 18, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department CAPTION: 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 $46,226.82 for the Violence Against Women (VAWA) Program within the Police Department with a cash match of $20,000.52 and an in-kind match of $6,900.00 fora total project cost of $73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. PURPOSE: Year 17 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $46,226.82 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $6,900 in-kind contribution, and the City contributes $20,000.52 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2016 — 8/31/2017. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal 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 $20,000.52 $20,000.52 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter 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 $46,226.82 for the Violence Against Women (VAWA) Program within the Police Department with a cash match of $20,000.52 and an in-kind match of $6,900.00 for a total project cost of $73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. 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 State of Texas, Criminal Justice Division in the amount of $46,226.82 to continue the Violence Against Women Formula Grant (VAWA) within the Police Department with a cash match of $20,000.52 and an in-kind match of $6,900.00 for a total project cost of $73,127.34. SECTION 2. That $46,226.82 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of $20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $73,127.34. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOCA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the 000 Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part I, Chapter 20, Subchapter 1 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the 000 was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The 000 reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: 1517118 10 17 2016 09.012016-08.312017 11 29.2017 WF -Violence Against Women Formula Grants Corpus Christi, City of Victim Assistance Program Donald Stout 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 16.588 - Violence Against Women Formula Grants U.S. Department of Justice, Office on Violence Against Women 9.272016 2016 -WF -AX -0034 810,698,475.00 Texas Office of the Governor No Criminal Justice Division (CJD) S46,226.82 820,000.52 86,900.00 873,127.34 https:. /egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=8&gh=61-96-10-BF-... 10/18/2016 Office of the Governor Page 2 of 2 Federal/State The STOP Program continues to encourage the development and implementation of effective, victim Award Description: centered law enforcement, prosecution, and court strategies to address violent crimes against women and the development and enhancement of victim services in cases involving violent crimes against women. It envisions a partnership among law enforcement, prosecution, courts, and victim services organizations to enhance victim safety and hold offenders accountable for their crimes against women. https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=8&gh=61-96-10-BF-... 10118'2016 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 1, 2016 Second Reading Ordinance for the City Council Meeting of November 15, 2015 DATE: TO: Margie C. Rose, City Manager 10/18/16 FROM: Arlene Sones, City Auditor arlenas@cctexas.com 826-3661 Approval of 2017 Annual Audit Plan CAPTION: Ordinance to approve the 2017 Annual Audit Plan. PURPOSE: To request approval of the 2017 Annual Audit Plan by City Council in accordance with the Code of Ordinance Chapter 12 1/2 City Auditor. BACKGROUND AND FINDINGS: In developing this audit plan, we sought input from the Mayor, City Council, the City Manager and the Executive Team. We developed this plan based on areas considered to be of highest risk to the City. The proposed audit plan was approved by the Audit Committee on October 11, 2016. Chapter 12 1/2 Section 2 (h) (1) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Audit Committee for review and comment prior to submitting it to the full City Council for approval. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 1/2 City Auditor EMERGENCY / NON -EMERGENCY: Non -Emergency two readings DEPARTMENTAL CLEARANCES: Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Ordinance to approve the 2017 Annual Audit Plan 2017 Annual Audit Plan Ordinance to Approve the 2017 Annual Audit Plan. Whereas, Section 12 1/2 -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each calendar year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the Council Audit Committee reviewed and approved the 2017 Annual Audit Plan at its meeting on October 11, 2016; Whereas, the Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval; Be it ordained by the City Council of the City of Corpus Christi Texas: Section 1. That the City Council has reviewed and does approve the 2017 Annual Audit Plan, copy attached as Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A City Auditor's Office 2017 Annual Audit Plan Item No. Department & Audit Area Audit Objectives Estimated Hours 1 City-wide Contract Administration Are departments and contractors in compliance with major expenditure contract terms? 800 2 Parks and Recreation Latchkey Program Are sufficient controls in place over program revenue? 500 3 Parks and Recreation Sports Facility Leases Are contract leases for sports facilities equitable? Do they protect the City's interests? 600 4 Police Department Property Room Are sufficient controls in place over the evidence and property room function? 600 5 Housing and Community Development Assistance Programs Are sufficient controls in place over the accounts receivable function of various assistance programs? 500 6 Fleet Maintenance Fuel Allocations Are Fleet fuel expenses appropriately budgeted and allocated to departments? 340 7 Multiple 2016 Annual Audit Plan Holdovers 300 Estimated Hours Audits 3,640 Follow-ups, Cash Counts, and Hotline Investigations F1 Aviation Leases Evaluate status of prior audit recommendations 100 F2 Aviation Rental Car Agencies Evaluate status of prior audit recommendations 100 F3 Public Works Street Construction Evaluate status of prior audit recommendations 100 F4 Municipal Court Fee Collections Evaluate status of prior audit recommendations 100 F5 Utilities Utility Rate Model Evaluate status of prior audit recommendations 100 F6 Development Services Funding Evaluate status of prior audit recommendations 100 CA Unannounced Cash Counts Are cash funds intact? 100 FR City Auditor Hotline Investigations Investigate allegations of fraud, waste, or abuse. 860 Estimated Hours Follow-up, Cash Count, Hotline Investigations 1,560 2017 Audit Plan Total Hours 5,200 Direct Hours Per Year 5,200 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 15, 2016 Second Reading for the City Council Meeting of December 13, 2016 DATE: November 3, 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 5151 McArdle Road CAPTION: Case No. 1016-05 The City of Corpus Christi: A change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. The property is described as being a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive. PURPOSE: The purpose of this item is to rezone the property to continue the Council for the Deaf Center and for business and commercial uses, including parking for La Palmera Mall. RECOMMENDATION: Planning Commission and Staff Recommendation (November 2, 2016): Tract 1: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District and in lieu thereof approval of the "CN -1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line. (See Tract Exhibit) Vote Results For: 7 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant (the Buyer) is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District to allow continued use of the Council for the Deaf Center, for parking to serve the adjacent La Palmera Mall, and for business and commercial uses excluding a bar, tavern or pub, nightclub, discotheque or pool hall. The proposed rezoning is not consistent with the Future Land Use map although the repurposing of Mt. Vernon Park is a goal of Plan CC. While the proposed rezoning may be considered a logical expansion of the existing "CG -2" General Commercial District contained on La Palmera Mall, the proposed zoning does not provide a transition to lower intensity found on property to the west in the residential neighborhood. A zoning map amendment to the "CG -2" District for all of the property along Holmes Drive could have a negative impact upon the abutting neighborhood. Staff's opinion is that a 50 -foot strip of "CN -1" Neighborhood Commercial District zoning along Holmes Drive would protect the existing neighborhood from uses that are permitted in the "CG -2" General Commercial District. In addition, the Buyer has proposed to deed restrict the property frontage along Holmes Drive by including a 10 -foot wide landscaped buffer, to setback any future buildings along Holmes Drive at a ratio of two foot of setback for each one foot of building height and, to not place any commercial driveways on Holmes Drive. The Buyer has also agreed to deed restrict the property for certain uses such as bars, taverns, pubs, nightclubs, discotheques and pool halls. ALTERNATIVES: 1. Approve the recommendation of Staff and Planning Commission. 2. Approve the applicant's request to "CG -2" General Commercial 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 (ADP). The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use Plan's designation of the property for High -Density Residential uses. 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 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District 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 The City of Corpus Christi ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District on Tract 2, and on Tuesday, November 15, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. on behalf of The City of Corpus Christi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 043036), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is a map of Tract 1 and Tract 2, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-05 Mt. Vernon\Council Documents\Ordinance-CG-2 and CN-1.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor co .45 W Yco O Ca Yy P YN .T 'W NN ANDOVER DR Yy CG -2 ii MT'VERNON■DR OLMES DR' 400 800 Feet 0 CG=2 CG -2 Date Created: 1O/4/2616 Prepared By: IvetfeM Department of Development ServbLes CASE: 1016-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R5-10 Single -Family 10 R5-6 Single -Family 6 R5-4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate 115-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 9:2,400 s PR BJECT ]PERTY LOCATION MAP City us Christi Exhibit A Exhibit: Tracts 1 and 2 50' of CN -1 10' buffer by deed restriction Lr)) E 0 Exhibit B McArdle Rd. Tract 1 Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application The City of Corpus Christi ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District on Tract 2, and on Tuesday, November 15, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. on behalf of The City of Corpus Christi ("Owner"), is amended by changing the zoning on a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District (Zoning Map No. 043036), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-05 Mt. Vernon\Council Documents\Ordinance-CG-2.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor co .45 W Yco O Ca Yy P YN .T 'W NN ANDOVER DR Yy CG -2 ii MT'VERNON■DR OLMES DR' 400 800 Feet 0 CG=2 CG -2 Date Created: 1O/4/2616 Prepared By: IvetfeM Department of Development ServbLes CASE: 1016-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R5-10 Single -Family 10 R5-6 Single -Family 6 R5-4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate 115-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 9:2,400 s PR BJECT ]PERTY LOCATION MAP City us Christi Exhibit A Aerial Overview 1 N Aerial At N Staff Recommendation Tract 1: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District and in lieu thereof approval of the "CN -1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line (See Tract Exhibit) and the following deed restrictions: Deed Restrictions o Landscape Buffer Yard of 10 foot in width with one 2 1/2" caliper tree for every 30 linear feet of buffer yard o Building Height: Buildings along Holmes Drive shall utilize a building setback based on Section 4.2.8.0 of the Unified Development Code, calculated as [(height to plate — 12') x 2], and such building setback shall be measured from the west property line/east ROW line along Holmes Drive. o Driveways: No driveways onto Holmes Drive as long as the west side of Holmes Drive is occupied by residential uses. o Uses: No bars, taverns, pubs, nightclubs, discotheques or pool halls are allowed on the subject property. PLANNING COMMISSION FINAL REPORT Case No. 1016-05 HTE No. 16-10000023 Planning Commission Hearing Date: November 2, 2016 Applicant & Legal Description Applicant/Owner: Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. Representative: John Bell Legal Description/Location: Mt. Vernon Subdivision Unit 3, 6.36 acres out of a 7.245 acre public park, located on the southeast corner of McArdle Road and Holmes Drive. Zoning Request From: "RS -6" Single -Family 6 To: "CG -2" General Commercial District Area: 6.36 acres Purpose of Request: To continue the Council for the Deaf Center and for business and commercial uses, including parking for La Palmera Mall Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Park and Public Semi -Public High -Density Residential and Public Semi -Public North "RS -6" Single -Family 6 and "ON" Office Medium Density Residential and Park Mixed Use and Open Space South "RS -6" Single -Family 6 and "CG -2" General Commercial Low Density Residential and Commercial Medium -Density Residential and Commercial East "RS -6" Single -Family 6 and "RS -4.5" Single- Family 4.5 Commercial Commercial West ""RS -6" Single -Family 6 Low Density Residential Medium -Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is designated in the Plan CC Future Land Use map for High -Density Residential and Public Semi - Public uses. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use Map or with the policies in the Southeast Area Development Plan. Map No.: 043036 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 470 feet of street frontage along McArdle Road, which transitions from a Primary Collector street to a Minor Arterial street at the approach to the mall. The subject property also has approximately 600 feet of frontage on Holmes Drive, a Local street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) McArdle Road "C3" Primary Collector transitioning tog5' "A1" Minor Arterial 75' ROW 50' paved ROW 64' paved ROW 70' to 85' 55' to 65' paved 33,360 ADT Holmes Drive Local N/A 50' ROW 28' paved N/A Staff Summary: Requested Zoning: Mount Vernon Park was approved in the 2014 City election as a park that could be sold. The City has received a contract from a potential buyer containing several conditions. One of the conditions for the sale of the property is for the Buyer to submit a rezoning request to obtain "CG -2" General Commercial District zoning " or any other zoning classification agreeable and acceptable to Buyer." The contract also states that the buyer is willing to prohibit the use of the property for "...a bar, tavern or pub, nightclub, discotheque or pool hall". Development Plan: The applicant (the Buyer) is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District to allow continued use of the Council for the Deaf Center, for parking to serve the adjacent La Palmera Mall, and for business and commercial uses excluding a bar, tavern or pub, nightclub, discotheque or pool hall. In addition to the uses identified in the sales contract as excluded, the "CG -2" General Commercial District allows a wide variety of commercial uses by right, including parking, retails sales uses, offices, restaurants, services uses, auto repair, vehicle sales, hotel and motel uses. The "CG -2" General Commercial District requires a 20 foot front yard setback adjacent to McArdle Road and Holmes Drive. A height setback would be required adjacent to the single-family homes to the south of the property at two feet for every one foot of building height per Section 4.2.8. It does not apply to the west since the Subject Property is "adjacent" to a street and not a residential property line. Existing Land Uses & Zoning: The subject property is vacant except for the Council for the Deaf Center parking lot, two Council for the Deaf Center buildings and a small park playground and backstop. The property is zoned "RS -6" Single -Family 6 District which requires 6,000 square foot minimum lot sizes, a 25 foot front yard setback on McArdle Road and Holmes Drive and a five-foot interior side yard and rear yard setback. A height limitation of three -stories or 35 feet is required. Land use and zoning surrounding the Subject Property to the North across McArdle Road, is Lions Neighborhood Park with "RS -6" Single -Family 6 District zoning and medium density residential uses with "ON" Office District zoning. South of the subject property is a residential subdivision with five single-family homes zoned with the "RS -6" Single -Family 6 District and a parking lot for La Palmera Mall zoned with the "CG -2" General Commercial District. East of the subject property is a parking lot for La Palmera Mall and zoned with the "CG -2" General Commercial District. To the West across Holmes Drive is a residential subdivision zoned with the "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use Plan's designation of the property for High -Density Residential uses. Additionally, the following are pertinent elements of the Plan CC and the Area Development Plan that should be considered: - Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, retail and services. This critical mass will then stimulate self-sustaining activities. (Plan CC, The Principles, page 15) - Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Plan CC, Element 7, Strategies, 10.) - Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (Plan CC, Element 7, Strategies, 11.) - Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect (Southeast Area Development Plan. Policy Statement B.2.b) - Place low intensity activities next to single family uses. (Southeast Area Development Plan, Policy Statement B.2.c) - Mt. Vernon Park is listed as a park to be "re -purposed" in the adopted 2012 Parks and Recreation Master Plan. Selling of the park for redevelopment is therefore, consistent with the City's Park and Recreation Master Plan however, the plan did not specify a future use for the park. Plat Status: The subject property is platted as a dedicated City park and will need to be replatted before a building permit is issued. Department Comments: • The proposed rezoning deviates from the Future Land Use map: o The City's Future Land Use Plan map designates the area for a High-Density Residential and public semi-public uses. o The "CG-2" General Commercial District is designed for high intensity commercial uses that are not compatible with low density residential uses of the "RS-6" Single -Family District. o Uses in the "CN-1" Neighborhood Commercial District are designed to be compatible and serve nearby neighborhood shopping needs. A portion of the Subject Property zoned with the "CN-1" District would help to mitigate any future negative affect from the more intensive "CG-2" General Commercial District. • A goal of the City's 2012 Parks and Recreation Master Plan and approved by the 2014 Bond Election is to repurpose Mt. Vernon Park. • A buffer yard and 1:2 foot building height setback would be required on the south edge of the Subject Property where adjacent to single -family used properties. The buffer yard and building height setback are not required along Holmes Drive since the Subject Property is adjacent to a right-of-way line and not a private property line. • The Buyer has proposed to deed restrict the property frontage along Holmes Drive by including a 10 foot wide landscaped buffer, to setback any future buildings along Holmes Drive at a ratio of two foot of setback for each one foot of building height and, to not place any commercial driveways on Holmes Drive. The Buyer has also agreed to deed restrict the property for certain uses such as bars, taverns, pubs, nightclubs, discotheques and pool halls. • In summary: o The proposed rezoning is not consistent with the Future Land Use map although the repurposing of Mt. Vernon Park is a goal of Plan CC. o While the proposed rezoning maybe considered a logical expansion of the existing "CG-2" General Commercial District contained on La Palmera Mall, the proposed zoning does not provide a transition to lower intensity found on property to the west in the residential neighborhood. o A portion of the Subject Property next to the mall is suitable for the proposed uses allowed in the "CG-2" General Commercial District. o A zoning map amendment to the "CG-2" District for all of the property along Holmes Drive could have a negative impact upon the abutting neighborhood. • Staff's opinion is that a 50 foot strip of "CN-1" Neighborhood Commercial District zoning along Holmes Drive would protect the existing neighborhood from uses that are permitted in the "CG-2" General Commercial District. • The "CN-1" Neighborhood Commercial District would also serve the Buyer as the District permits parking for shopping center uses (the Mall) as well as a wide variety of retail and service uses. Planning Commission and Staff Recommendation: Tract 1: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District and in lieu thereof approval of the "CN -1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line (See Tract Exhibit) and the following deed restrictions: o Landscape Buffer Yard of 10 foot in width with one 2 1/2" caliper tree for every 30 linear feet of buffer yard o Building Height: Buildings along Holmes Drive shall utilize a building setback based on Section 4.2.8.0 of the Unified Development Code, calculated as [(height to plate — 12') x 2], and such building setback shall be measured from the west property line/east ROW line along Holmes Drive. o Driveways: No driveways onto Holmes Drive as long as the west side of Holmes Drive is occupied by residential uses. o Uses: No bars, taverns, pubs, nightclubs, discotheques or pool halls are allowed on the subject property. Vote Results For: 7 Against: 0 Absent: 2 Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 4 outside notification area As of November 2, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.22% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Tracts 1 and 2 Map 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-05 Mt. Vernon\Council Documents\Report for CC_Revised with Plan CC.docx co .45 W Yco O Ca Yy P YN .T 'W NN ANDOVER DR Yy CG -2 o�n► ii MT'VERNON■DR OLMES DR' 400 800 Feet 0 CG=2 CG -2 Date Created: 1O/4/2616 Prepared By: IvetfeM Department of Development ServbLes CASE: 1016-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R5-10 Single -Family 10 R5-6 Single -Family 6 R5-4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate 115-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 9:2,400 s PR BJECT ]PERTY LOCATION MAP City Christi Exhibit: Tracts 1 and 2 50' of CN -1 Lr)) E 0 10' buffer by deed restriction McArdle Rd. Tract 1 !6.-1DoocO ,2 us e& R,s� r{,=- N• 1..) co ,�PC 1852 Development Services Dept. P.O. Box 9277 Corpus Christ+, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATIONd >, 0ctober 16 D al 0 E 0 Case No.: 1016-05 Map No.: 043036 19, 2016 Hearing Date: Proj.Mgr: Hearing Location: City Hall. Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Corpus Christi Retail Venture, LP and John D. Bell 1. Applicant: Corpus Christi Area Council for the Deaf, Inc. Contact Person Mailing Address c/o 615 N. Upper Broadway, Suite 1100 Corpus Christi 78401 361 888-9201 City p State. ZIP: Phone ( ) E-mail Cell. ( 361 ) 877-8393 2. Property Owner(s). City of Corpus Christi, Texas Contact Person : Stacie Talbert Anaya Mailing Address: R 0. Box 9277 City. Corpus Christi State: TX zip: 78469Phone ( 361 ) 826-3460 E-mail.— Cell: ( 361 813-3183 3. Subject Property Address 5151 McArdle Area of Request (SF/acres): 6.36 acres Current Zoning & Use RS -6 Proposed Zoning & Use CG -2 12-DigitNueces County Tax ID. N_A __ __ Subdivision Name Mt. Vernon Subdivision Unit 3 Block Lot(s). Legal Description if not platted. 6.36 acres out of Mt. Vernon Subdivision Unit 3 (attached) 4. ittal Requirements SubEarly Assistance Meeting: Date Held Disclosure inconsistent exhibit `` __ (e .,a - I (AO , with City Staff A hn+ ko4.. \I aink-12-Q ❑ Land Use Statement 0 of Interest • Copy of Warranty Deed IF APPLICABLE Cleak Hour Trip Form (if request is landowner with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form ■ Appointment of Agent Form if I certify that I have provided the City of Corpus as or on behalf of the Christi with a complete application for review; that I am authorized to initiate this rezoning Property Owner(s), and o et' rovided is accurate, Owner or Agent's Signature Owner or Agent's Printed Name Applicant's Signature Andrew Wilson Scott E. Landreth licant' Print d a e For �rpus �Lhns�f, Bull Venture, LP For Council for the Deal //�� Office Use Only: Date Received U/11 /1(0 Received By: ADP Rezon,ng Fee:a 6 9, �+PUD Fee ,r�� + Sign Fee . fD = Total Fee /, / I - 50 No, Signs Required _ _ @ $10/sign Sign Posting Date: l K.IDEVELOPMENTSVCSGHAREDLLANO OEVELOPMENTl4PPLICATION FORMSIREZGNING5Z0NING APPLICATION 2615 00.2 Form Revised 5.1212015 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 property currently is used as a park and as the location of the Corpus Christi Area Council for the Deaf Center. The intended use of the property is for continued use of the Council for the Deaf Center, for parking to serve the adjacent La Palmera Mall, and for business and commercial uses excluding a bar, tavern or pub, nightclub, discotheque or pool hall. 2_ identify the existing land uses adjoining the area of request: North - RS -6 and ON South - RS -6 and CG -2 East - CG -2 West - RS -6 C 1U5ER55TANYAR 4OD\DESKTOPSOAILY USE ANNIKA LAND USE STATEMENT FOR ZONING.00C 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: Corpus Christi Retail Venture, LP STREET: c/o 615 N. Upper Broadway CITY: Corpus Christi ZIP: 78401 FIRM is:OCorporation ()Partnership ()Sole Owner °Association ()Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) none 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title none 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 none 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 none 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: Andrew Wilson Title: 1 t t _ (Print Name) .�- Signature of Certifying Perso Date: K IDEVELOPMENT5VCS15HAREDILAND OEVELOPMENTViPPLICATION FORMS REZONINMOISCLOSLIRE OF INTERESTS STATEMENT 5.12-2015. DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable. answer with "NA". NAME: Corpus Christi Area Council for the Deaf, Inc. STREET: c/o 615 N. Upper Broadway CITY: Corpus Christi ZIP: 78401 FIRM is:OCorporation °Partnership °Sole Owner OAssociation OOther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) none 2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title none 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 none 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 none 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: Scott E. Landreth (Print Name) Signature of Certifying Person: Title! Authorized Agent Date: s--1/2/70/ {,„ K.10EVELOPMENTSVCSISHAREOILANO DEVELOPMENTIAPPLICATION FORMS4RE20NINGOISCLOSURE OF INTERESTS STATEMENT 5.12.2015,00C 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: City of Corpus Christi STREET: 1201 Leopard Street CITY: Corpus Christi ZIP: 78401 FIRM is:OCorporation °Partnership ()Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name none 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 none 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 none 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 none 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: Title: City Manager (Print Name) Signature of Certifying Person: Date: K E' V.LOPMENTSVCSISHARE?'..AND DEVELOPMEN11APPLICATION FORMSIREZONING1OISCLOSURE OF INTERESTS STATEMENT_S 12 2015 DOC Exhibit A 6.36 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43062.0000 May 17, 2016 Fieldnotes, for a 6.36 Acre Tract, out of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a map of which is recorded in Volume 19, Pages 84, of the Map Records of Nueces County, Texas; said 6.36 Acre Tract being mare fully described by metes and bounds as follows: Beginning, at a 518 Inch Iron Rod Found, for an inner ell corner of Lot 2, Block 1, La Palmera Mall, a neap of which is recorded in Volume 67, Page 258-263, of the said Map Records, the South corner of the said Public Park and this Tract; Thence, North 61°22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of Block 9, MI. Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said Map Records, at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot 15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 16 and Lot 17, said Block 9, at 393.23 Feet, pass a 5/8 Inch Iron Rod Found, for the common comer of the said Lot 17 and Lot 18, said Block 9, in all 460.47 Feet, to a 34 Inch Iron Pipe Found, on the Southeast line of Holmes Street (50 Foot Wide Right -of -Way), being the North comer of Lot 18, said Block 9, for the Southwest corner of the said Public Park and this Tract, and the beginning of a non -tangent curve 10 the Right, having a delta of 04°09'51", a radius of 2887.83 Feet, an arc length of 209.88 Feet, and a chord which bears North 32°22'25" East, 209.83 Feet; Thence, with the said non -tangent curve to the Right, 209.88 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the said Southeast line of Holmes Street, for the beginning of a non -tangent curve to the Left, having a delta of 05°47'07", a radius of 3807.83 Feet, an arc length of 384.49 Feet, and a chord which bears North 31°35'09" East, 384.32 Feet; Thence, with the said curve to the Left, at 70.43 Feet, pass a 3/4 Inch Iron Pipe Found, in all 384.32 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the West corner of a 0.2428 Acre Right -of -Way Easement, as described in Document No. 2003001406, of the Official Public Records of Nueces County, Texas, For the North corner of this Tract; Thence, South 64°05'01" East, with the Southwest line of the said 0.2428 Acre Right -of -Way Easement, 461.50 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the common line of the said Lot 2 and the said Public Park, being the South corner of the said 0.2428 Acre Right -of -Way Easement, for the Northeast comer of the this Tract, from whence a 5/8 Inch Iron Rod Found, for the North comer of the said Lot 2, bears North 28°38'09" East, 1.43 Feet; S 1Surrc3 ingU3062100001ot FICI'1MCT1.S AND BOUNDS Mn_430620000.20160223 1'agc 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbanen t.c.om TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, South 28°38'09" West, 17.57 Feet, with the said common line, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for an East corner of this Tract, and the beginning of a curve to the Right, having a delta of05°51'03", a radius of 2783.79 Feet, an arc length of 284.27 Feet, and a chord which bears South 3l°35'08" West, 284.14 Feet; Thence, with the said common line and the said curve to the Right, at 11.01 Feet, pass a 5/8 Inch Iron Rod with yellow cap stamped "I3RISTER SURVEYING" Found, in all 284.27 Feet, to a 5/8 Inch Iron Rod Found, on the said common line, for the beginning of a curve to the Left, having a delta of 04°36'14", a radius of 3911.83 Feet, an arc length of 314.33 Feet, and a chord which hears South 32°09'53" West, 341.25 Feet; Thence, with the said curve to the Left, 314.33 Feet, to the Point of Beginning, containing 6.36 Acres (277,194 Sq. FL) of Land, more or Tess. Bearings based on GPS, NADS3, State Plane Coordinate System, Texas South Zone 4205. Unless this fielcbtote description, including preamble, seal and signature, appears in its entirely, in its original fors, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tri.- prescribed herein. AN ENGI ERI G James D. Carr, R.P.L.S. License No. 6458 VL S ISurvcyiugl96461135001O f IC:1METt'S AND UOLNI)S10096-1613500 1.05 Ac 20160126 P igc 2 oft (361)854-3101 2725 SWANTNER DR. CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm it 145 • TBPLS Firm # 10032400 FAX (361)854-6001 URBAN ENGINEERING 1 J Exhibit A 6.36 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43062.0000 May 17, 2016 Fieldnotes, for a 6.36 Acre Tract, out of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a [trap of which is recorded in Volume 19, Pages 84, of the Map Records of Nucces County, Texas; said 6.36 Acre Tract being more fully described by metes and bounds as follows: Beginning, at a 5/8 Inch Iron Rod Found, for an inner ell corner of Lot 2, Block I, La Palmera Mall, a map of which is recorded in Volume 67, Page 258-263, of the said Map Records, the South corner of the said Public Park and this Tract; Thence, North .61'22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of Block 9, Mt. Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said Map Records, at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot 15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 16 and Lot 17, said Block 9, at 393.23 Feet, pass a 5/8 Inch Iran Rod Found, for the commoncorner of the said Lot 17 and Lot 18, said Block 9, in all 40,47 Feet, to a 3/4 Inch Iron Pipe Found, on the Southeast line of Holmes Street (50 Foot Wide Right -of -Way), being the North comer of Lot 18, said Block 9, for the Southwest comer of the said Public Park and this Tract, and the beginning of a non -tangent curve to the Rr ihit having a delta of 04'09'51", a radius of 2887,83 Feet, an arc length of 209.88 Feet, and a chord which bears North 32°22'25" East, 209.83 Feet; -- Thence, with the said non -tangent curve to the Right, 209.88 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the said Southeast line of Holmes Street, for the beginning of a non -tangent curve to the Left, having a delta 01 05°47'07", a radius of 3807.8a Feet, an arc length of 384.49 Feet, and a chord which bears North 31°35'09" East, 384.32 Feet; Thence, with the said curve 10 the Left, at 70.43 Feet, pass a 3/4 Inch Iron Pipe Found, in all 384.32 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the West corner of a 0.2428 Acre Right -of -Way Easement, as described in Document No. 2003001406, of the Official Public Records of Nueces County, Texas, for the North corner of this Tract; Thence, South 64°05'01" East, with the Southwest line of the said 0.2428 Acre Right -of -Way Easement, 461.50 Fee.0 a 8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the common line of the said Lot 2 and the said Public Park, being the South corner of the said 0.2428 Acre Right -of -Way Easement, for the Northeast corner of the this Tract, from whence a 5/8 Inch Iron Rod Found, for the North corner of the said Lot 2, bears North 28°38'09" East, 1.43 Feet; S Isurvcying1430621000010FFICC\METES AND ©OUNDSIME3. 430620000 20160223 Pagc 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbanena.corn TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 LI" Thence, South 28°38'09" West, I7.57 Feet, with the said common line, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for an East corner of this Tract, and the beginning of a curve to the Right. having a delta of 05°5I'03", a radius of 2783.79 Feet, an arc length of 24.27..eet, and a chord which bears South 31°35'08" West, 284.14 Feel; Thence, with the said common line and the said curve to the Right, al 11.01 Feet, pass a 5/8 Inch Iron Rod with yellow cap stamped "BRISTER SURVEYING" Found, in all 284.27 Feet, to a 5/8 Inch Iron Rod Found, on the said common line, for the beginning of a curve to the Left, having a delta of 04°36'14", a radius of_391I.83 Feet, an arc length of 314.33 Feet, and a chord which bears South 32°09'53" West, 341.25 Feet. Thence, with the said curve to the Left, 314.33 Feet, to the Point of Beginning, containing 6.36 Acres (277,194 Sq. Ft.) of Land, more or Tess. Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. Unless this fieldnate description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tri.' e escribed herein. I ANEN{GI IYVV � E James D. Carr, R.P.L.S. License No. 6458 51Sun•cying1964611350010FFICEIMETES AND aOUNDSM9646n500 1.05 Ac_20160126 Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Iiipp dna' P01111 E 6 T 3i1 r — <0 -J -J j,� :010001i 1111 !i 1 �t1�feF � Er�as111 +11la191�i=t d1ni ilii RS • Q a i*: 1e / i1: f? 1 1 i' IT $ kk�: t yz�� _ iC47b. d 3a 1 X71 1;7 111 Ls lid e_11 !ii°c II= a1 s1 ltd i A,!, .0 is 1.:1 111=1 IL ial__i _ 1.l! fill= 1111; 7=1 1 111 1f Ila It la -.1 -_ i !:111 g11: '€:{ cf ilt ti, = !lit ii11 ii 1L1 !lid ilhii A 1pia¥ iii 1 i ±! i 1 1 '_14&11_ O1. #i!r1 °dr:11 11 r11t i_ 11 11i --iti11 _=!til'1 1;"!1!;1� t1"fi 1111 :;!; SIJ 1- I _ 1 z ; 1..1-"` g1 ; i.1711 4 iii, It! V Ili? s" J:4 !111 Illi !t 7:L! e1±; �§i 1° °e 8 1 : 1111 ,z1. 'ii�F`_.n l'-1. `! Illi 1'=z =13 l 42,111i s Al :Iiii__ i! " Li 14 1ir� it Igili7 FAIiiIii li�Y -1ii I 4 lir! "is I I, 1.$;$1 1g+ I 'f`ej� 1 r�31 rzi ;"ti;€?i 11111jr, k1f: 11 '° f,a�y 1 :11.- i 48 :4 i=i IIK)1 Jo Ir4 `s 13•'1 ill 1;! 1!10411111i 1111: 111E'-17iNi A9 £a?'= !iiS:41 I hi i tie .111 :° !!I !i,!! 1001:1; F �a � tea` i°� j =�p! � :hit; �� 13". ii 'Ili 1.1,1,t1 it 1:41 �#e all _Tea% 1_ . 'F` �t3 'Ines : 'gE_ i� i° 151..�,a 1d11 tali iiillz100 0 0 0 a O ,a. Oait ©:'s 1. O :. 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, eiue tienen la intention de asistir a este junta v que requieren servicios especiales, se les suplica que den aviso 48 1 horas antes de la iunta Hernando al deoartamento 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 diriciirse a la commission durante la iunta y su ingles es limitedo, favor de !lamer al d .partamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser nresente durante la {junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1016-05 The City of Corpus Christi is considering a change of zoning from the "RS -6" Single -Family District District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from high density residential and government uses to commercial and government uses. The property proposed to be rezoned is described as: Mt. Vernon Subdivision Unit 3, 6.36 acres out of a 7.245 acre public park, located on the southeast corner of McArdle Road and Holmes Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification, a Special Permit or additional conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 19, 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: 4/4' ef-C- Address: 5149- ."174., I/ =' 71D 14 i' IF Vt City/State b h cS C, /1 h/S ! .- 77(. IN FAVOR ( ) IN OPPOSITION Phone: 3‘/^ REASON: SEE MAP ON REVERSE SIDE Property Owner ID 3 HTE# 16-10000033 „c -/-2,e Signature Case No. 1016-05 Project Manager: Bob Payne f Persons with disabilities planning to attend this meeting, who may require special services, aie requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intencibn de asistir a esta junta y que reouieren servicios esoeciales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a Ia commission durante la junta y su ingles es limitado, favor de Ilamar al deraartamento de servicios de desarrollo al ntlmero [361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete serpresente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1016-05 The City of Corpus Christi is considering a change of zoning from the "RS -6" Single -Family District District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from high density residential and government uses to commercial and government uses. The property proposed to be rezoned is described as: Mt. Vernon Subdivision Unit 3, 6.36 acres out of a 7.245 acre public park, located on the southeast corner of McArdle Road and Holmes Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification, a Special Permit or additional conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. October 19. 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, S'ONED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRFTY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in t,Ti1`.p cr.0 cat: :ai u"; Printed Name: L 1ifV MATE . l Address: yqa ( ) 1N FAVOR VrrN OPPOSITION City/state Phone: • REASON: •Asteet; ?tg ozAinaurn, tutni ° nd Q, 1 te, 41P -64 - SEE MAP ON REVERSE SIDE Property Owner ID• 23 HTE# 16-10000033 SignatL re Case No. 1016-05 Project Manager: Bob Payne AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 15, 2016 Second Reading for the City Council Meeting of December 13, 2016 DATE: October 25, 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 10329 Kingsbury Drive CAPTION: Case No. 0916-01 Coastal Bend Grace House, Inc.: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The property is described as Block 3, Lot 4, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road PURPOSE: To allow construction of a social service use. RECOMMENDATION: Planning Commission and Staff Recommendation (September 7, 2016): Denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a transitional housing facility, a social service. The facility shall not exceed the 10 beds. For the purposes of this section, a transitional housing facility is defined as a project that is designed to provide housing and appropriate supportive services to residents to facilitate their movement to independent living. Outreach support services are only for residents and shall be provided before 9pm. A single or two-family use is also permitted. 2. Fencing: The property shall be required to have an 8 -foot tall wood screening fence on east side of property from the face of the building to the rear property line and a 6 -foot tall minimum wood screening fence along the rear property line. 3. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with multi -family standards as outlined in the UDC. Shrubs will be planted on the eastern property line from the face of the building to the front yard setback to screen from visiting traffic. 5. Building Design: The exterior facade of the building(s) shall compliment the style of dwellings on Kingsbury Drive in terms of materials and the building shall resemble a single-family dwelling. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance to submit a complete building permit application and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results for PC: For: 7 Against: 1 Absent: 1 A 3/4 vote is needed due to opposition from owners totaling more than 20% of the land in the notification zone BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit to allow the construction of a transitional housing facility, which is considered a social service use. The residential unit is designed for 10 women, a director, and a staff assistant. The only visitors are `Life -skill' training and religious formation instructors. The proposed rezoning is consistent with the Future Land Use Map and is consistent with the policies in the Comprehensive Plan concerning infill development, location of social service, and commercial uses. A transitional housing facility is more like a residential use than a commercial use and is appropriately located on the fringe of a neighborhood and on an arterial street among other commercial sites. The property to be rezoned is suitable for uses permitted by the Special Permit and the rezoning is not anticipated to have a negative impact upon the surrounding property. ALTERNATIVES: 1. Approve the "CN-1/SP" as recommended 2. Approve the "CG-1/SP" (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: The Tuloso-Midway Independant School District Board of Trustees have submitted a resolution in opposition of the rezoning of the property at Kingsbury Estates to any commercial or multi -family use. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan. The proposed rezoning to the "CG-1/SP" General Commercial District with a special permit is consistent with the adopted Future Land Use Map and the Northwest Area Development Plan. 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 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal Bend Grace House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 0.86 -acre tract of land described as Block 3, Lot 4, Hill Country Estates, from the "CN -1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Coastal Bend Grace House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 7, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a social service and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, November 15, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Coastal Bend Grace House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Block 3, Lot 4, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road (the "Property"), from the "CN - 1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 061048), as shown in Exhibits "A" and "B." Exhibit A, which is the map of the Property, and Exhibit B, which is the site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a transitional housing facility, a social service. The facility shall not exceed the 10 beds. For the purposes of this section, a transitional housing facility is defined as a project that is designed to provide housing and appropriate supportive services to residents to facilitate their movement to independent living. Outreach support services are only for residents and shall be provided before 9pm. A single or two-family use is also permitted. 2. Fencing: The property shall be required to have an 8 -foot tall wood screening fence on east side of property from the face of the building to the rear property line and a 6 -foot tall minimum wood screening fence along the rear property line. 3. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with multi -family standards as outlined in the UDC. Shrubs should be planted on the eastern property line from the face of the building to the front yard setback to screen from visiting traffic. 5. Building Design: The exterior facade of the building(s) shall compliment the style of dwellings on Kingsbury Drive in terms of materials and the building shall resemble a single-family dwelling. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance to submit a complete building permit application and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_CN1-SP 0916-01 Coastal Bend Grace House, Inc Page 2 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor 1111111111arr CASE: 0916-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CNA Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned UnitDev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Single -F amily 4.5 RS -TF Two -Family RS -15 Single-Farnily15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Horne LOCATION MAP •UBJECT PRflPETY City of Ch Exhibit A 111111111111111 NEI il NE 11111111 Is 11111 VIII i6 al MGKIXZIE ROAD RICK'S PLAN SHOPPE INC 3651 S r 5051£ ISLAND DRAM 566E E 991.6236 CO6:1W 61166T1, TX BUILDER TRACY LONG 361.613 2001 COW 416 066611, TX FAX 361.563-1566 Exhibit B 11, pi le" 0.3 iE 6E� WSW St IP 7.4 ur Exhibit B • `�.r ci • 4. " • '" •� �,�" Sgt . 1 q.B �. 't o ♦i4 • •. 1 '��a_"MIMI : i y fir E1, / ' �. vi i i l� p• rtit1/4 ♦•I.,_ ♦aI 1 • E : E •2 § I !! u ti: gs E � air •,p ! • KM 11 t °mo ::- lunft is El ( IC 12Lt Evia • •• ; g i • ,i 1 a i S Ell a� E� a i• F EB 6E� WSW St IP 7.4 ur Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal Bend Grace House, Inc.("Owner"), by changing the UDC Zoning Map in reference to a 0.86 -acre tract of land described as Block 3, Lot 4, Hill Country Estates, from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Coastal Bend Grace House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 7, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a social service and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, November 15, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Coastal Bend Grace House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Block 3, Lot 4, Hill Country Estates located on the southeast corner of Kingsbury Drive and McKinzie Road (the "Property"), from the "CN - 1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit (Zoning Map No. 061048), as shown in Exhibits "A" and "B." Exhibit A, which is the map of the Property, and Exhibit B, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a transitional housing facility, a social service. The facility shall not exceed the 10 beds. For the purposes of this section, a transitional housing facility is defined as a project that is designed to provide housing and appropriate supportive services to residents to facilitate their movement to independent living. Outreach support services are only for residents and shall be provided before 9pm. A single or two-family use is also permitted. 2. Fencing: The property shall be required to have an 8 -foot tall wood screening fence on east side of property from the face of the building to the rear property line and a 6 -foot tall minimum wood screening fence along the rear property line. 3. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with multi -family standards as outlined in the UDC. Shrubs should be planted on the eastern property line from the face of the building to the front yard setback to screen from visiting traffic. 5. Building Design: The exterior facade of the building(s) shall compliment the style of dwellings on Kingsbury Drive in terms of materials and the building shall resemble a single-family dwelling. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance to submit a complete building permit application and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_CG1-SP 0916-01 Coastal Bend Grace House, Inc Page 2 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor 1111111111arr CASE: 0916-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CNA Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned UnitDev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Single -F amily 4.5 RS -TF Two -Family RS -15 Single-Farnily15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Horne LOCATION MAP •UBJECT PRflPETY City of Ch Exhibit A 111111111111111 NEI il NE 11111111 Is 11111 VIII i6 al MGKIXZIE ROAD RICK'S PLAN SHOPPE INC 3651 S r 5051£ ISLAND DRAM 566E E 991.6236 CO6:1W 61166T1, TX BUILDER TRACY LONG 361.613 2001 COW 416 066611, TX FAX 361.563-1566 Exhibit B 11, pi le" 0.3 iE 6E� WSW St IP 7.4 ur Exhibit B • `�.r ci • 4. " • '" •� �,�" Sgt . 1 q.B �. 't o ♦i4 • •. 1 '��a_"MIMI : i y fir E1, / ' �. vi i i l� p• rtit1/4 ♦•I.,_ ♦aI 1 • E : E •2 § I !! u ti: gs E � air •,p ! • KM 11 t °mo ::- lunft is El ( IC 12Lt Evia • •• ; g i • ,i 1 a i S Ell a� E� a i• F EB 6E� WSW St IP 7.4 ur Exhibit B Aerial Overview 1 N Aerial Map N Building Elevation R¢RLI 6LEVATON 166680 103213 Kingsbury a RefM221e1, New 0 IAng 132110 5/12116 Site Plan z A PCKINZIE ROAD Staff Recommendation Denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit And, in lieu thereof, Approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit subject to certain conditions: 5 Conditions 1. Uses: Transitional Housing Facility; up to 10 beds; meals and outreach support services for residents only; single or two-family use is also permitted. 2. Fencing: Per Special Permit 3. Security: Monitored by staff at all times. 4. Landscaping: Per the UDC 5. Building Design: Shall resemble a single-family dwelling. 6. Lighting: Per UDC 7. Time Limit: Expires within 12 months unless building permit application has been submitted and shall expire if the allowed use is discontinued for more than six consecutive months. Floor Layout - - . | raw « I. » A A. ,;, *� k4¥ : ..yz ri. &| «|, \<!T § \|. q • ! -z� m' »» c4r. �.T«Y :� e: . fy•:;\, . i• _ . • ^ a..:. ] : - - PLANNING COMMISSION FINAL REPORT Case No. 0916-01 HTE No. 16-10000033 Planning Commission Hearing Date: September 7, 2016 Applicant & Legal Description Applicant/Representative: Long Build Owner: Coastal Bend Grace House, LLC Legal Description/Location: Lot 4, Block 3, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road. Zoning Request From: "CN -1" Neighborhood Commercial District To: "CG-1/SP" General Commercial District with a Special Permit Area: 0.86 Acres Purpose of Request: To allow construction of a social service use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Vacant Commercial North "RS -TF" Two Family Vacant Medium Density Residential South "CN -1" Neighborhood Commercial Vacant Commercial East "RS -TF" Two Family Low Density Residential Medium Density Residential West "RS -6" Single -Family 6 Public/Semi-Public Public/Semi-Public ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for commercial uses on the corner of McKinzie Drive and Kingsbury Drive. The proposed rezoning to the "CG-1/SP" General Commercial District with a special permit is consistent with the adopted Future Land Use Map and the Northwest Area Development Plan. Map No.: 061048 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 240 feet of street frontage along McKinzie Road, which is a secondary divided arterial and 160 feet of street frontage along Kingsbury Drive, which is a local street. The subject property is located approximately 3,706 feet south of Leopard Street, which is Secondary Arterial Divided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) McKinzie Road "A2" Secondary Divided Arterial 100' ROW 54' paved 100' ROW 80' paved 7,049 ADT Kingsbury Drive Local Residential 50' ROW 28' paved 54' ROW 20' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the"CG-1/SP" General Commercial District with a Special Permit to allow the construction of a social service use. A transitional housing facility is not considered a neighborhood commercial use. Development Plan: The applicant is proposing a transitional housing facility. Specifically, this use is classified as a social service on a 0.86 -acre tract of land. The residential unit is designed for 10 women, a director, and a staff assistant. The only people allowed vehicles are staff and the only visitors are `Life -skill' training and religious formation instructors. The program lasts for 9 months per resident with extensive programming. Extended stay or premature departure from program is on a case-by-case basis based on the individual's behavior and circumstances. The proposed transitional housing facility will consist of 9 rooms and 4.5 bathrooms, totaling 4,192 square feet of building area (not including a garage of 581 square feet.). The rooms consist of 6 bedrooms, 1 office, a study, an exercise room, a living room, den, a dining room and kitchen area to serve only those enrolled in the non -profit's transitional housing facility. Parking shall consist of one per employee and 1 per 250 square feet of office space. Of the beds planned for the new facility, the master suite is to be used by the director and each subsequent room on the opposite side of the house will be occupied by two residents. Coastal Bend Grace House accepts only women. Existing Land Uses & Zoning: The subject property is vacant and zoned "CN -1" Neighborhood Commercial District. North of the subject property, across Kingsbury Drive, is also vacant land zoned "RS -TF" Two-family District. South of the subject property is another vacant lot zoned "CN -1" Neighborhood Commercial District. East of the subject property is a low density residential also zoned "RS -TF" Two-family District. West of the subject property is Tuloso-Midway High School zoned "RS -6" Single -Family 6 District which is a public/semi-public use. 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 a platted lot. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is consistent with the Northwest ADP and the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan Policy Statements that warrant consideration: • Encouraging infill development on vacant tracts within developed areas (Policy Statements, Residential Policy Statement F) • Locating medium -density residential development along a collector street with convenient access to an arterial street (Policy Statements, Residential Policy Statement H) • The density of development in an area should be directly related to the design capacity of the infrastructure. (Policy Statements, Land Use Policy F) • Social service facilities should be provided in a systematic manner that ensures services are provided where they are most needed. In order to systematically provide these services, standards should be developed which are based on population size and the socio-economic characteristics of the population. (Comprehensive Plan Policy Statements on Social Services pg. 52) • Some social service facilities should meet the needs of specific populations. The quality and physical setting of all social services should be periodically reviewed, and improved if necessary, to meet the needs of the elderly, disabled, and other special population groups. (Comprehensive Plan Policy Statements on Social Services pg. 52) Department Comments: • The proposed rezoning complies with the Comprehensive Plan. • The use is typically allowed in the "CG -1" General Commercial District through a Special Permit. • Applicable review bodies shall consider following the criteria according to the Unified Development Code Section 3.6.3 in reference to Special Permits. • The location is considered an in -fill development site since water, wastewater, and stormwater utilities are available to serve the property. • The social service use is less intense than some of the heavier uses permitted in the General Commercial Districts or Neighborhood Commercial Districts. • The rezoning will be compatible with the Future Land Use Map and is consistent with the policies in the Comprehensive Plan concerning in -fill development, location of social service, and commercial uses. • The property to be rezoned is suitable for uses permitted by the Special Permit. • A transitional housing facility is more like a residential use than a commercial use and is appropriately located on the fringe of a neighborhood and on an arterial street among other commercial sites. • General Commercial uses are not appropriate at this location due to insufficient street capacity (intersection of arterial and local streets) and adjacent to single-family uses. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a transitional housing facility, a social service. The facility shall not exceed the 10 beds. For the purposes of this section, a transitional housing facility is defined as a project that is designed to provide housing and appropriate supportive services to residents to facilitate their movement to independent living. Outreach support services are only for residents and shall be provided before 9pm. A single or two-family use is also permitted. 2. Fencing: The property shall be required to have an 8 -foot tall wood screening fence on east side of property from the face of the building to the rear property line and a 6 -foot tall minimum wood screening fence along the rear property line. 3. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with multi -family standards as outlined in the UDC. Shrubs should be planted on the eastern property line from the face of the building to the front yard setback to screen from visiting traffic. 5. Building Design: The exterior fa9ade of the building(s) shall compliment the style of dwellings on Kingsbury Drive in terms of materials and the building shall resemble a single-family dwelling. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance to submit a complete building permit application and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 7 Against: 1 Absent: 1 Public Notification Number of Notices Mailed — 9 within 200 -foot notification area 4 outside notification area As of October 31, 2016: In Favor — 0 inside notification area — 3 outside notification area In Opposition — 6 inside notification area — 1 outside notification area Totaling 52.14% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan and Building Elevations 3. Floor Layout 4. Application 5. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-01 Coastal Bend Grace House, Inc\Council Documents\Report for CC_0916-01 Coastal Bend Grace House.docxReport for CC_0916-01 Coastal Bend Grace House RS -6 SUBJECT PROPERTY HAVEN DR 0 R "1" 4 KINGSBURY•DR� 400 MGKINZIE'RD 7 CN -1 CN -1 800 Feet' 8 RS -TF 0 RM -3 RM -1 Date Cr ed: 9/8/2016 Prepar By: ivetteM Department of Developtt Services CASE: 0916-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R5-10 Single -Family 10 R5-6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate 115-TH Townhouse SP Special Permit Rv Recreational Vehicle Park RMH Manufactured Home Su bect Property ^ Cw ners w.th 200' buffer vin favor 4 Owners within 200' Listed on �/ Owners attached ownershp table n ,• oppos.tbn LOCATION MAP 111111111111111 NEI il NE 11111111 Is 11111 VIII i6 MGKIXZIE ROAD BUILDER TRACY LONG 5614624001 CO01416 0166T1, TX FAX 361.10-W pi le" 0.3 iE 6E� WSW St IP 7.4 ur • `�.r ci • 4. " • '" •� �,�" Sgt . 1 q.B �. 't o ♦i4 • •. 1 '��a_"fir : i y E1, / 1 i 9 ' �. vi i i l� p• rtit1/4 ♦•I.,� ♦aI oi• 1 M ♦ rn • E .: EN. 2 § i !� u ti: gs E . ..,.. .,p dui • KM 11 z °mo ::- lunft is El ( IC 12Lt • E y •• ; • g I,i 1 rias a i S Ell a� E1 a i• F EB 6E� WSW St IP 7.4 ur 1 /6-0010001g ,852 Development Services Dept P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street 1. Applicant: Long Build O v O REZONING APPLICATION Case No.: 0916-01 Map No.: 061048 PC Hearing Date: September 7, 2016 Proj.Mgr: Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. "A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Mailing Address:P.O. Box 55 city: Corpus Christi E-mail: Contact Person :Tracy Long State:TX ZIP:78403 Phone:(__)36882' 6767 Cell: 2. Property Owner(s): Coastal Bend Grace House Mailing Address:P'0' Box 1456 Contact Person : Keith Lawrence city:Portland state:TX ZIP:78374 Phone: ( ) E-mail: 3. Subject Property Address: 10329 Kingsbury Drive Cell: ( ) Area of Request (SF/acres): •86 Acres Current Zoning & Use: CN1 Propose Zoning " •'-- CG-1/SP General Comercial District 12 -Digit Nueces County Tax ID: 3433 0000 _ _ 3004 Subdivision Name: Hill Country Estates Legal Description if not platted: Block: 3— Lot(s): 4 4. Submittal Requirements: ❑■ Early Assistance Meeting: Date Held 7/7/2016 ; with City staff Anika 0 Land Use Statement ❑■ Disclosure of Interest IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Appointment of Agent Form if landowner is not signing this form 0 Copy of Warranty Deed ❑ Site Plan for PUD or Special Permit ❑ Lien Holder Authorization I certify that I have provided the City of Corpus Christi with a complete application for revie or on behalf of the Property Owner(s); and the information er or Ag nat Keith La rence re Owner or Agent's Printed Name Applicant's Signal atlama vided is a orized to initiate this rezoning urate. Tracy L. - g Applica ' Printed Name Office Use Only: Date Received: 7/25/16 Received By: Rezoning Fee: 1107.50 + PUD Fee 2 No. Signs Required G $10/sign Sign Posting Date: ADP: NW 0 + Sign Fee 20 00 = Total Fee 1127.50 K:IOEVELOPMENTSVCSISHAREDLLANO OEVELOPMENi1APPLICATION FORMS REZONINGITONING APPLICATION 2015.DOC Form Revised 5112/2015 LAND USE STATEMENT 1 State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. �,D e C i s sv ' hied- 2v- WO Gu e!n use C 61/".0 r t Q tO US 7`� a cited �'�I 74c s vt t^1 S� S Inuc Vv -e 2S (.4)o m er/. , e d11 /c? s q c 1,otS7Su,, iS �t po vfa l: i(A ±, Tile_ a, p Pe/e 'p it' c cce,,s q Uz d V r'S 6 ` �^s bi0/y wo > e is ! 7' a Ho wed Lid! /3101)40zs oLvte Y' e �/1 Ski 11 4t /0ic,o, klq 1 � f z2 ✓► , he 1/1-1its, 50 err- Es n opt wcu1c/ n 071- ct. tis epi, 2. Identify the existing land uses adjoining the area of request: North - 7' 2,7, -teat 7w 40 s South - East - // 2 !/Lc .--/-- 4,71 Til es d u7 Acts .s'' L h,s, ., /,;1 West - Al `i;Ca0 LeRae C't doss X.wL /74/12k 5c -Xe / C 4tJSERSITANYAR.ROOTESKTOMAJLY USEV NNIKALLANO USE STATEMENT FOR ZQNING.DQC 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. P/eq'Se Ir"%e14:e 4- 6 1,,/ Pin144'IL .,4 /rc l /041 6s- so , /03 2? k-I4A,c,�y ccuto1 a i c_cLpoi��1-1 P bit s 2. Identify the existing land uses adjoining the area of request: North - South - East - West - C':\USERSITANYARANOIDESKTOP4DWLY USE ANNIKALLAND USE STATEMENT FOR ZONINGDOC 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: Coastal Bend Grace House STREET: 10329 Kingsbury Drive CITY: Corpus Christi Zip: 78410 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) None 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None 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 None 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 None 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. Keith Lawrence Certifying Person: (Print Name) '"-J Signature of Certifying Person:Date: Title: Chairman KYDEVELOPMENTSVCSISHAREDLLAND OEVEtOPMENTLAPPLIION FORMSYREZONINGIDISCLOSURE OF INTERESTS STATEMENT 512.2015.DOC THE STATE OF TEXAS COUNTY OF NUECES WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT TRACY LONG, Nueces County and State of Texas, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS CASH, and other valuable consideration to the undersigned paid by the Grantee hereinafter named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto COASTAL BEND GRACE HOUSE INC., P.O. Box 1456, Portland, San Patricio County, Texas 78374, all of the following described real property in Nueces County, Texas, to -wit: Lot 4, Block 3 of Hill Country Estates, City of Corpus Christi, according to the map or plat thereof of recorded in Volume 68, Page 183, Map Records of Nueces County, Texas. SUBJECT TO: Any and all restrictions, covenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described property. SUBJECT TO: Any and all oil, gas and mineral leases and mineral and/or royalty reservations or conveyances now of record, if any, in the Office of the County Clerk of Nueces County, Texas, covering the above described property. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and 1 do hereby hind myself, my heirs, executors and Rriministrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. th day of / �F ori d f,yr� 7 /tracy Long Mailing Address of Grantee: Name: Coast Bend Grace House, Inc. Address: P.O. Box 1456 Portland, TX 78374 THE STATE OF TEXAS COUNTY OF NUECES § , 2014. BEFORE ME, the undersigned authority, on this day personally appeared TRACY LONG, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. SEAL OF OFFICE,this the IL th da of if zed�Z. K— GIVEN UNDER MY HAND AND Y , 2014. /l,,� '' .✓/:7J _4 //_ c/��i.1�s/i.0 ,/o ary Public.; State of Texas Y..100IP1•11.111114wi=MM. PRIBUDEPI RIcWS PLAN SHOPPE INC COMM WYRVX IIIIPOCK1114.0121CPIRCal TRACY GONG PAN 1•1•1111M,MIN LAS ��� 1tr Y Rar 094R PREPARED 7/25/16, 11:44:53 PAYMENTS DUE INVOICE City of Corpus Christi PROGRAM PZ821L PROJECT NUMBER: 16-10000033 REZONING - 10329 KINGSBURY DRIVE FEE DESCRIPTION AMOUNT DUE REZONING FEE <1 ACRE TOTAL DUE 1107.50 1107.50 Please present this invoice to the cashier with full payment. Oper: CORPDIW Type: OC Drayer: 1 Date: 7/25/16 58 Receipt no: 1866149 2816 18888833 PZ MIMING/ PLANNING & alb 1.88 $1187.58 Trans number: 19114788 18329 18329 KINGSBURY DR CK CHECK 3287 $1187.58 Trans date: 7/25/16 Time: 11:54:22 Elisa Ramirez I spent half of my life trying to find meaning and discover who I was. Until life grabbed a hold of me, then I realized how weak l really was, my faith was compromised and I chose to take the wrong route in life, which lead me into a deep depression. I lost my mother and child and I continued in a deep spiral of drugs and hid from the pain that was inside of me. Thanks to Coastal Bend Grace House, I have the opportunity to tell the world that there is hope and that it is because of Jesus Christ that I am healed and that my sins have been forgiven. Ever since my experience at Grace House San Antonio and Coastal Bend Grace House, I can say that this program works and I am eternally blessed from it. I found my identity in Christ as a true child of God. Nicolle Polanco Alcoholism has consumed over 20 years of my life. Even though 1 knew the truths of God 1 chose to rebel and run away from Him. I was completely broken when He led me to Coastal Bend Grace House where I completely surrendered to Him. God has used this time to restore my relationship to Him and to my family. I now choose to run to God and follow His will for my Life. I pray that by His grace and for His glory my life will be an example of the power of this God ordained ministry. Coastal Bend Grace House is a 501(c)3 tax exempt non-profit organization. All gifts are tax deductible. Coastal Bend Grace House does not discriminate be- cause of race, color, national origin, or political belief. For more information please contact Jullie Stokely 361-356-8436 or Keith Lawrence 361-726-6005. PO Box 1456 Portland, TX 78374 Phone: 361-248-4589 or 361-356-8436 Email: jullle.stokely@eracehousecc.org www.gracehousecc.org COASTAL 1=WR le use A Faith -Based Transition Home for Women Transforming Lives of women caught in cycles of destructive behavior and incarceration Renewing Hope for a better future through a proven program of discipleship, mentoring, and targeted training. Classes Offered onsite Anger Management Money Management Celebrate Recovery Job Readiness Computer Training Bible studies Parenting Skills Nutrition Instruction Services Available • Transportation to court, and any Probation, Parole, or Pre-trial Appointments. • Transportation to community ser- vice projects with hours tracked for court reporting. Meeting Individuals Needs • 24 hour supervised living • Room, board, clothing and hygiene • Structured schedule each day for classes, service projects and per- sonal study time • Spiritual training - knowing that any life changes must begin on the inside manifesting themselves to the outside Our Goal Our Mission Statement Our goal is to teach women that life is divinely given and to encourage them to allow themselves to be di- rected by God so that He may ac- complish His perfect will in their lives. PRAYERS The staff at Coastal Bend Grace House solicit your prayers for themselves and this ministry. They rely on God's strength, wisdom and guidance each day as they minister to women working through the difficult issues of their past and looking forward to a changed life from within that only our Lord and Sav- ior Jesus Christ can provide. We believe that the Bible is the infallible Word of God and it provides the truth given to us by God according to 2 Timothy 3:16 "All Scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in right- eousness." We also believe that God de- sires the best for each of us according to Jeremiah 29:11 "For I know the thoughts that I think toward you, says the LORD, thoughts of peace and not of evil, to give you a future and a hope." Our mission is to give women at risk the opportunity to overcome destructive life styles of addic- tion, incarceration and poverty. We provide a protected environ- ment both physically and spiritu- ally so that women may grow and mature in their faith and be transformed by the power of God. "Therefore, if anyone is in Christ, the new creation has come: The old has gone, the new Is here! " 2 Corinthians 5:17 Coastal Bend Grace House Invitation Do you know a woman who is willing to go to any length to achieve victory in her life? We are dedicated to assist- ing women who are determined to grow in the knowledge of Jesus Christ. Coastal Bend Grace House is designed to rebuild broken lives, mend broken hearts, and reunite broken families. This is time set aside to break old pat- terns and set new ones. Interested individuals must apply and will be thoroughly screened before being invited to participate in our pro- gram. Invitation is based on bed avail- ability. 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 incapacitadas, que tienen la intenciOn de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 hares antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta y su irides es limitado, favor de hamar al departamento de servicios de desarrollo al numero (361) 826-3240 con mas de 48 horas antes de la junta para solicitar un interprete sea presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0916-01 Coastal Bend Grace House, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neighborhood Commercial to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property to be rezoned is described as: 10329 Kingsbury Drive, described as Lot 4, Block 3, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 7, 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: ;( wr ilce. Address: /471e40 / ML , v.e City/State:"-ie-/dp,•0. �, ,77X - {(IN FAVOR ( ) IN OPPOSITION /REASON: SEE MAP ON REVERSE SIDE Property Owner ID HTE# 16-10000033 Phone: Jt' -;7;L Case No 0916-01 Project Manager Brenda Joyas City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 U.S. POSTAGE» PITNEY BOWES Coastal Bend Grace House Inc., Keith Lawrence Owner P-O.Box 1456 Portland, TX 78374 ZIP 78412 $ 000.465 02 4101' 0000340617AuG 26 2016 RS -6 SUBJECT PROPERTY-- HAVEN ROPERTY HAVEN DR 0 400 • KINGSBURY•DR� CH- d CN -1 600 1 Fee - TF RM -3 bateCrerI. a147016 Provo .A. Be heitsM Department or Dev.iap fest Senn :es CASE: 0916-01 ZONING & NOTICE AREA R1-1.1 uulUler1ull l R4 2 tautulameT 2 Ru uulOremay 2 OII Prales4on0l Ole* RU -AT Hullitarria M CH 1 IIeohbomood Commercial CR 2 Rm;nbOmnm Commercial CR 1 Resell Conenalal CR -2 ResonComnnctel CG 1 General Emml,Ict CG -7 General Commercial CI enceinte Commeenal CSB Downtoem Cenenertlal CR -3 Resort Commercial FR Fern Rural R 111310ft Chane! BP Soleness Park 11 angel lndaetnei in Raa+F 61014010t 000 Planned Unit Der. Oveelar R5.16 S0104103114 10 105.6 610006-Famiry 6 R6-4.5 Sm54-F amity 4S RSTF beelesery RS.15 Sm04-famer 15 RE Rash:Naos Estate RS -TR Townhouse SP Special Permit Ry Rnaaabonal enacts Park RUN I.tanofactu red Rome :pa tu• oars um 77C a-tr• O /6 We' 4 Orem mos*. 2TC fs+ ere y 0...3 Z. 4-IPret 0.01-1:0 Labe nmos! en 1LOCATION MAP >1S"d"D. i 2013 EMMAUS CHURCH September 13, 2016 Mayor Nelda Martinez City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mayor Martinez: My name is Joel Perrittc. I am the pastor of Emmaus Church here in Corpus Christi. 1 am writing to commend to you the ministry of Coastal Bend Grace House (CBGH) and its director Keith Lawrence. know that CBGH is in the middle of a rezoning issue and is facing some opposition from members of the community and the neighborhood surrounding their new property. It is my strong conviction that this opposition is completely unwarranted. As you know better than anyone, our city is facing a crisis of homelessness and drug abuse. CBGH is stepping into this crisis and is deeply concerned with, and involved in helping some of the most vulnerable and marginalized women in our city break the cycle of poverty and addiction that often results in their incarceration. With the welfare of our city in mind, Emmaus Church has partnered with CBGH financially, through mentoring, and also by welcoming the women of CBGH into our church family on a regular basis. I have personally witnessed several women whose lives have been transformed through the ministry of CBGH. It is for these reasons 1 plead with you to make the changes to the zoning laws that will allow CBGH to secure their building permit as soon as possible on the land that was donated to the ministry for this purpose. This ministry is a blessing to our city. Allowing the building permit to move forward is a critical piece of dealing ith so .,any the difficult issues uui city is facing. Flocking or creating obstacles for organizations that are seeking the welfare of our city through ministering to the poor and the marginalized will have an enormously negative impact on our city. Therefore, as one of the spiritual leaders in a city which bears the name of Christ I invite you to consider some oldie words from the Scriptures, He loved and ultimately fulfilled. "Speak up for the people who have no voice, for the rights of all the down-and-outers. Speak out for justice! Stand up for the poor and destitute!" (Proverbs 31:8-9 The Message) Sincerely, Jo 1 Perritte, Pastor RECEIVED SEP 15 2016 Office Of The Mayor www.emmauschurch.net po box 60151 corpus christi, texas 78466 r-4-7 New Life REFUGE MINISTRIES September 15, 2016 Dear Mayor Martinez and Corpus Christi City Council Members, 'E El E■ SEP 2 1 2016 CITY SECRETARY'S OFFICE I would like to take a moment to tell you all about what an amazing place Coastal Bend Grace House is and what and asset it is to our city. 1 have had the pleasure to know many of the residents and have personally seen their lives change as they progress through the program. Coastal Bend Grace House is unique in that it is the only life transforming residential program in our area for women coming out of destructive lifestyles. If it were not for Coastal Bend Grace House, women that are coming out of incarceration without family support would have no place to go other than the streets. Coastal Bend Grace House is a positive option that produces productive citizens back into our community as opposed to increasing the homeless rates in our city. As the director of New Life Refuge Ministries I often get calls about women that are being sex trafficked or have been sex trafficked and are wanting out of what is referred to as "the life". Our organization's mission is to help underage/minor girls who have been sex trafficked. When we get a call about an adult we refer them to Coastal Bend Grace House.1 have personally seen the success of this program and know it is a place they can get the help they need. With adult victims of sex trafficking it is not an issue that their traffickers will come looking for them like an abuse husband would look for his wife. Traffickers know they are able to get another victim too easily rather than search for one. Coastal Bend Grace House has been operating in a neighborhood since its inception without any incident. There should not be any worries about this being a problem at its new location. The focus should truly be the fact that Coastal Bend Grace House provides an asset to our community. It produces law abiding and society giving citizens that improve the quality of life in communities. Sincerely, Minta Moore RECEIVED SEP 2 1 2016 Office Of The Mayor www.NewLifeRefugeMinistries.org A non pont t011c)3 caipormian P.O. Box 9157 1 Corpus Christi, TX 78469 1 tel (361) 946-6331 1 fax (361) 949-9704 9-17-16 To: Mayor Martinez and Corpus Christi City Council From: Gene and Betty Black 10733 Westview Dr. Corpus Christi, TX 78410 We are writing this letter to support rezoning the lot owned by Coastal Bend Grace House (CBGH) so they can begin construction of their home. This lot was donated in good faith so the ministry could grow and help those struggling to make a better life for themselves. When this land was donated to CBGH, it was zoned properly for building the new home. Since that time Corpus Christi has changed some of their zoning laws. Since the Lord has truly blessed this ministry, it would be a grave injustice for CBGH not to be able to continue their good works. Our understanding is some of the neighbors are apprehensive about the home being built in the area. We live several blocks from the proposed site. Knowing the leaders of this ministry and the work they do, we have no reservations about its construction. CBGH gives women an opportunity for a safe and drug free shelter for nine months. With education about what CBGH does, we think people will understand that it is a worthwhile ministry, not one to fear. If we knew any women who might benefit from this program, we would surely recommend they contact CBGH. We want to emphasize that we are in support of CBGH and the effort to build the home on this lot. It is truly a wonderful program and would be a blessing to the community. Thank you for your consideration. In Christ, , k.i) 421 i:yost,t16 igt? 44.1 Gene Black Betty Black RECEIVED SEP 21 2016 Office Of The Mayor SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO, ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES, QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQU!EREN SERVICIOS ESPECIALES, SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA LLAMANDO A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. CITY COUNCIL PUBLIC HEARING NOTICE Rezoning Case No. 0916-01 Coastal Bend Grace House, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neighborhood Commercial to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property to be rezoned is described as: 10329 Kingsbury Drive, described as Lot 4, Block 3, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road, The City Council may recommend other intermediate zoning classifications and/or Special Permits. 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 City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, October 11, 2013, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning. For more information, please call (361) 826-3105. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME:_ `L �, rN L Please Print ADDRESS: c"S" 1 E \\ ���Z ' PHONE N(3,C � i .. / ( ) IN FAVOR ( IN OPPOSITION II °Up In- Le k 5tyr1-r k1 „`) --f'r 15 poi -aa -K,4,),11 i� b j (, V 11 J�"‘'v1 tJ( )o -j -11.0I i REASONS: �d ckC-1 s Ui.i I- - At h o -t ctv S ig rture C."4 1' 61~1 (Me e.)/ -C t SEE MAP ON REVERSE' SIDE , HTE Project # 16-10000033 ,SV -t, tit l�lt� !i� wiz i't�v Property Owner ID: «FID» J Case No. 0916-01 Project Manager: Brenda Joyas I City of Corpus Christi City Secretary's Office P.O. Box 9277 Corpus Christi, Texas 78469 JAN FORBES # 7 & 8 RS -6 SUBJECT PROPERTY HAVEN DR «FID» «TAXID» «NAME» «ADDRESS» «ADDRESS2» «CITY», «STATE» «ZIP» CN -1 MGKINZIE+RD 400 CN -1 800 rPe 1" RM -3 CASE: 0916-01 ZONING & NOTICE AREA RP0-1 R1uttiramily 1 0155-2 MuIUfam0y 2 511-3 Multifamily' 3 OPf Professional Office RM -IT Muhrlamlly AT CR -1 Neighborhood Commercial CH -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial 03-2 General Commercial CI Inlenislve Commerrlal Lap Downtown Commercial CR -3 Resort Commercial FR Farm Rural H 1Rstortc Overlay 130 Business Parte IL Fight Indust -nal IH Heavy Industrial PH R Planned Unit Rev. Overlay R5-10 Siagte1 amUy 10 RS -5 Single.Family 5 RS -4.5 Single-5amily 4.5 RS -TF Two -Family R5-15 Single.Famity 15 RR Residential Estate RS-TH Townhouse 5P Special Permll [i5 Recreational Vehicle Park RMH Manufactured Rome IJ Sotwe-Prop.,/ Cvnrs nE: 200.1mecr feLo: AI cb nets mi7h n 20' Wert on y ens ottadr.mrnershP fails X amel oPFosdre: 12; RM -1 Ogre ai� e: 3/18/2 PreCrepareB By1 yvei5055015 Department of Develop/tit Services !LOCATION MAP! Christi SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO, ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON !NCAPACIDADES, QUE !NTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES, SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA LLAMANDO A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. CITY COUNCIL PUBLIC HEARING NOTICE Rezoning Case No. 0916-01 Coastal Bend Grace House, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neighborhood Commercial to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property to be rezoned is described as: 10329 Kingsbury Drive, described as Lot 4, Block 3, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road. The City Council may recommend other intermediate zoning classifications and/or Special Permits. 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 City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, October 11, 2013, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning. For more information, please call (361) 826-3105. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. - Please Print ADDRESS: - - e1Cy + k'e• PHONE NO.(3- ( ) IN FAVOR K.N OPPOSITION REASONS: !\,, do e I'{ ;t --.S t vh f` Tc, . 1kr all D (R e Ie. vt Ci de l way. os_ • to`e tLS pr -b --A Li v ski I ( dv 1,0l , t a‘" i 7 1(.1-`"" 4gnatu e SEE MAP ON REVERSE SIDE1 + \\0‘.1.7- Cl V� d:- j� C� ( t 1CC 5 G 1_ HSE Project # 16-10000033 i Case No. 0916-01 PropertyOwner ID: «FID» L� }' i �'- bei T"'�- - Project Manager: Brenda .Soyas AtIkk ("th � tip ? i - C J► � "'� ,� re -5_ c ./ r 1 1 1 1 1 1 SI LISTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO, ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES. QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES, SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA LLAMANDO A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. CITY COUNCIL PUBLIC HEARING NOTICE Rezoning Case No. 0916-01 OCT 272016 Ci1YSECRETARysoFFickI Coastal Bend Grace House, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neighborhood Commercial to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property to be rezoned is described as: 10329 Kingsbury Drive, described as Lot 4, Block 3, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road. The City Council may recommend other intermediate zoning classifications and/or Special Permits. 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 City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, November 15. 2016, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning. For more information, please call (361) 826-3105. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS !li 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. 3 NAME: P O 1-ko rl a K. o'Co na Ptiaase Print ADDRESS: ( ) IN FAVOR ` ) IN OPPOSITION REASONS: Too dos. -t -rLt0 5 0 — j.-iL du a.) tti � �oo • �u `� 5 4r�-%�5 IN 5516 k� � . C,CoSSu)& " ct�ht fl�E�"1� -fie 10+ -C-a� -{-�� Shuhnt5 -4b LLD l - Cr c SS - Gou-&-kr) t(aµ (U4 S n (.�lC -that ,zed k S � I� a. ` oci0.'t�td w i -tkest cJDh��-n Cvi.�in 4 too?- -E C "kkt -- . locre.0.Seci Gni t�Q tin -ki1� rhe iAl-.loccl� r1 - 5 i S a- Je i�hbocl�oa v4` I ki Ls La -14k �ow� childce r Signature 4_ Qrona, l 0 ir< r - (` , IDPHONE NO.�Lcf- 455-99-5 1/.4-- ¥{-Lfa-le11 SEE MAP ON REVERSE SIDE HTE Project # 16-10000033 Property Owner ID: 6 Case No. 0916-01 Project Manager Brenda Joyas 1 1 1 City of Corpus Christi City Secretary's Office P.O. Box 9277 Corpus Christi, Texas 78469 6 343300010012 ORONA RAYMOND K & ZOILA A 10310 Kingsbury Dr Corpus Christi, TX 78410 RS -6 SUBJECT PROPERTY HAVEN DR NI U.S. POSTAGE» PITNEY BOWES ZIP 78412.r...a. 000.46 5 02 4W $ 0000340617 OCT 20 2016 CN -1 CN- t CASE: 0916-01 ZONING & NOTICE AREA RIA -1 i toPtiriy 1 RM -2 WRNrna, _ 5113 NlaltltamlV 3 ql PrateraioaoiOran MAT taallifanely ail CN -1 NNgabareoad Commudr CN -2 CR -11 CR4 CG -1 CO4 CI COO CR -3 FA R RP Nig Petalled Canmrrarr Raped Cmararcla1 Read Carinardal Raw oral Cermerdel Gaa,M Cammrdal le Wen CoanrrcId aeeatae 0 ComarcMl Rant Caaanrclal Fane Rand HtatarIc [Weft Elegem Para iL tlg it Mdaaatal IH Him/ Wising Puts Plreed Unit Gew OrMer 55-10 Slagter welly 50 RS4 Strgtei=Os 5 RSL' Slyle4ar0T4.5 RS -ii Teolaadly RS -15 Slag WE map 15 RE Rwldpbld EMIG RLTN llareeoasa SP Special Penal ay Rwe tlesol WElcle Para RSOI ktdlnagoted Hoon r�'� salwna. p1.r$ o a.nws f I.mxratr whw. A C►+R 5 woe Ser rpgm V Cruor 3 encore areal* we F hor“804r '.' RM -3 k RM -1 Gan Gnrrt L1tugtd ++w/ Br Nualf neParamnt of DmInRare Semites $ LOCAF!ON MAP] Orono, eC , 16Lt[ o PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF THE RETURN ADDRESS, FOLD AT DOTTED LINE CERTIFIED MAIL° 1 111 1 1 1 7016 1970 0001 2040 2620 a 1000 1 1 1 iN 78489 U.6AF STAGE KINGSVILLE, TX 78363 GGAMOUNT $6.47 R2394E106092-08 CPTuS C kri 51i C' * Secxci`S` 5 L 1'. O- TMC q 2•n1 Coq us C-IA.ri`.s; , 1 is [ 8 4.ti2a' _t a1 t 7B4 Es9S s2-77 E iijj�,jjji�l����{��€Ijih�lj�it►j,iji�����j�=,�i�l�r��ij���»€j AGENDA MEMORANDUM One Reading Action Item for the City Council Meeting of November 15, 2016 DATE: November 4, 2016 TO: Margie C. Rose, City Manager Thru: Mark Van Vleck, Assistant City Manager of Public Works and Utilities FROM: Dan Grimsbo, Interim Director of Water Utilities DanG@cctexas.com (361) 826-1718 Opposing proposed Texas Commission on Environmental Quality (TCEQ) rule amendments that give TCEQ broader discretion to order boil water notices CAPTION: Resolution authorizing submission of comments in proposed rulemaking at Texas Commission on Environmental Quality ("TCEQ") regarding revised total coliform rule plus, TCEQ Rule Project No. 2015 -035 -290 -OW, to oppose proposed rules that allow discretionary issuance of boil water notices and request clarification and modification with regard to other proposed amendments. PURPOSE: To oppose proposed TCEQ rules that allow discretionary issuance of boil water notices and request clarification with regard to other proposed amendments before the comment submission period ends on November 22, 2016. BACKGROUND AND FINDINGS: TCEQ has issued proposed rules to amend Title 30 Texas Administrative Code Chapter 290 Public Water Systems, Subchapter D: Rules and Regulations for Public Water Systems and Subchapter F: Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems. As stated on the TCEQ notice of proposed rulemaking: "This rulemaking proposes to amend existing state rules in 30 Texas Administrative Code Chapter 290 for consistency with the Revised Total Coliform Rule, align current state rules with federal regulations and to clarify and streamline additional existing state rules". Of primary concern with the proposed rules are the multiple proposed rule amendments to Section 290.46(q) giving discretionary authority to the Executive Director of TCEQ to require the public water system to issue Boil Water Notices (BWNs). BWNs should only be issued when scientific data indicates contamination is a threat to public health and not used as an administrative punishment for other circumstances such as untimely submittal of required reports. In addition, several terms in the proposed rules require further clarification to provide predictability in the TCEQ rules and regulations. There must be predictability in the TCEQ rules and regulations to allow public water systems to respond promptly which will ensure consumer confidence and ensure protection of public health and welfare. Listed below is a summary of the proposed amendments of concern: • Amendments to Section 290.46(q) provide for discretionary issuance of boil water notices. • The terms "special precautions" and "protective measures" to be implemented by a public water system are not clearly defined in proposed amendment to Section 290.46(q)(5). • Amendments to Section 290.46(q)(5) (A) (i) allow discretionary authority for the Executive Director to issue boil water notices for administrative non-compliance. • Amendments to Section 290.46(q(5)(A)(iii) may result in issuance of boil water notice based on a single failure to maintain disinfectant residuals. • Amendments to Section 290.46(q)(5)(B) mandate that a public water system implement special precautions, protective measures, or issue boil water notices to customers "within 24 hours or within time period specified by the executive director". • The word "may" should be changed to "shall" in amendment to 290.46(q)(6) so that it would read as follows: "The executive directors shall provide written notification to the public water system once the public water system has provided required [boil water notice] compliance documentation to the executive director." • Clarification is needed to proposed amendments to Section 290.46(q)(6)(E) regarding water samples for microbiological analysis to clarify whether this requirement is only for boil water notice orders associated with microbial and disinfectant level related events and to clarify sample location determination. • The term "Certificate of Delivery" as used in proposed amendment to Section 290.46(q)(1) should be clarified to allow email notification within 24 hours and documents with certificate of delivery to be provided within 3 business day. • Modifications to amendments to 290.106(e), 290.107(e), 290.108(e) , and 290.115 (e) are needed to provide that the public water system should not be penalized for failure to timely provide the sampling reports when delay is caused by events outside control of the public water system. The attached Resolution and attached Exhibit A address the proposed amendments of concern. ALTERNATIVES: The City Council may decide to modify the comments or may decide not to submit comments in this rulemaking. OTHER CONSIDERATIONS: The TCEQ Executive Summary identifies anticipated adoption date of March 8, 2017. In 2016 TCEQ approved a significant increase in the per connection fee for large water systems, which will cost the City an additional $229,418.50 annually. The City currently pays in aggregate in excess of $40 million per year to TCEQ for all relevant fees. The proposed rules may result in additional expenses to the City. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution with Exhibit A TCEQ Proposed Amendments to 30 Texas Administrative Code 290.46(q) RESOLUTION AUTHORIZING SUBMISSION OF COMMENTS IN PROPOSED RULEMAKING AT TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ") REGARDING REVISED TOTAL COLIFORM RULE PLUS, TCEQ RULE PROJECT NO. 2015 -035 -290 -OW, TO OPPOSE PROPOSED RULES THAT ALLOW DISCRETIONARY ISSUANCE OF BOIL WATER NOTICES AND REQUEST CLARIFICATION WITH REGARD TO OTHER PROPOSED AMENDMENTS Whereas, the City of Corpus Christi (City) water supply comes from four river basins and serves approximately 500,000 customers in several Coastal Bend counties; Whereas, the State of Texas through the Texas Commission on Environmental Quality establishes rules and regulations regarding the public water supplies; Whereas, the Texas Commission on Environmental Quality (TCEQ, agency, or commission) issued notice of proposed rules to amend Title 30 of the Texas Administrative Code, Environmental Quality, Chapter 290, Public Drinking Water, in particular the following sections: §§290.38 (Definitions), 290.42 (Water Treatment), 290.46 (Minimum Acceptable Operating Practices for Public Drinking Water Systems), 290.47 (Appendices), 290.102 (General Applicability), 290.103 (Definitions), 290.104 (Summary of Maximum Contaminant Levels, Maximum Residual Disinfectant Levels, Treatment Techniques, and Action Levels ), 290.106 (Inorganic Contaminants), 290.107 (Organic Contaminants),290.108 (Radionuclides Other than Radon), 290.109 (Microbial Contaminants), 290.110 (Disinfectant Residuals), 290.111 (Surface Water Treatment), 290.112 (Total Organic Carbon (TOC)), 290.113 (Stage 1 Disinfection Byproducts (TTHM and HAA5), 290.114 (Other Disinfection Byproducts (Chlorite and Bromate), 290.115 (Stage 2 Disinfection Byproducts (TTHM and HAA5), 290.116 (Groundwater Corrective Actions and Treatment Techniques), 290.117 (Regulation of Lead and Copper), 290.118 (Secondary Constituent Levels), 290.119 (Analytical Procedures), 290.121 (Monitoring Plans), 290.122 (Public Notification), 290.272 (Content of the Report), and 290.275 (Appendices A — D); and Whereas, as stated on the TCEQ notice of proposed rulemaking: "This rulemaking proposes to amend existing state rules in 30 Texas Administrative Code Chapter 290 for consistency with the Revised Total Coliform Rule, align current state rules with federal regulations and to clarify and streamline additional existing state rules"; and Whereas, there must be predictability in the TCEQ rules and regulations allowing public water systems to respond promptly and mitigate potential problems which will insure consumer confidence in local and state officials in protection of the public health and welfare; and Whereas, TCEQ proposed rules amending Section 290.46(q)(1) through (5) allowing for discretionary authority for the Executive Director to issue boil water notices for administrative non-compliance undermines predictability in the TCEQ rules and regulations; and Whereas, the City generally opposes regulations that impose unfunded mandates that require expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity; Whereas, proposed rules may result in increased costs of compliance without a corresponding benefit to public water system operations or public health and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City of Corpus Christi generally opposes amendments to Section 290.46(q) that provide for discretionary issuance of boil water notices which would undermine predictability in the TCEQ rules and regulations. Section 2. That the City of Corpus Christi requests that terms "special precautions" and "protective measures" that may be required to be instituted by a public water system by proposed amendment to Section 290.46(q)(5) be clearly defined to ensure predictability in the TCEQ rules and regulations. Section 3. That the City of Corpus Christi opposes the amendments to Section 290.46(q)(5) (A) (i) that allows for discretionary authority for the Executive Director to issue boil water notices for administrative non-compliance and in lieu thereof, would propose that TCEQ consider alternative methods of enforcement for administrative non- compliance. Section 4. That the City of Corpus Christi opposes the amendments to Section 290.46(q(5)(A)(iii) that may provide for issuance of boil water notice based on a single failure to maintain disinfectant residuals and instead would propose consideration of less severe responses based on results of further investigations. Section 5. That the City of Corpus Christi opposes the amendments to Section 290.46(q)(5)(B) which mandates that a public water system implement special precautions, protective measures, or issue boil water notices to customers "within 24 hours or within time period specified by the executive director" because there needs to be reasonable and clearly established time for the public water system to respond and implement such orders. Section 6. That the City of Corpus Christi proposes that the word "may" be changed to "shall" in amendment to 290.46(q)(6) so that it would read as follows: "The executive director may shall provide written notification to the public water system once the public water system has provided required [boil water notice] compliance documentation to the executive director." Section 7. That the City of Corpus Christi requests clarification to proposed amendments to Section 290.46(q)(6)(E) regarding water samples for microbiological analysis to clarify whether this requirement is only for boil water notice orders associated with microbial and disinfectant level related events and to clarify sample location determination. Section 8. That the City of Corpus Christi proposes that the term "Certificate of Delivery" as used in proposed amendment to Section 290.46(q)(1) be defined to include email notification within 24 hours and documents with certificate of delivery to be provided within 3 business day. Section 9. That the City of Corpus Christi proposes modifications to amendments to 290.106(e), 290.107(e), 290.108(e) , and 290.115 (e) to provide that the public water system should not be penalized for failure to timely provide the sampling reports when delay is caused by events outside control of the public water system. Section 10. That the City Manager or designee is authorized to submit a copy of this Resolution along with the attached and incorporated Exhibit A as comments in TCEQ Rule Project No. 2015 -035 -290 -OW. Attest: 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 Page 1 of 3 EXHIBIT A The City of Corpus Christi believes the public health and welfare of the community is of paramount importance. However, the City respectfully disagrees with some of the proposed amendments to the existing state rules in 30 Texas Administrative Code Chapter 290 related to the Revised Total Coliform Rule (RTCR). The Proposed rule amendments, along with comments regarding why our Public Water System (PWS) holds concern and what alternative might be suggested, are attached. Multiple proposed rule amendments give complete authority to the Executive Director of TCEQ to require the public water system to issue Boil Water Notices (BWNs). This includes circumstances such as failing to provide compliance information on time, failing to provide monthly reports on time, a single disinfectant residual below state guidelines, sample results not reported on time by a state contracted laboratory, or any other condition the Executive Director feels warrants a BWN. Boil water notices are necessary when public health is threatened by contamination of the water system. However, there must be predictability in the rules and requirements governed by the TCEQ for our PWS to be able to have appropriate mitigation responses. This will allow the consumer confidence to be maintained. If the proposed changes by TCEQ in the table attached are implemented, the public will lose faith in the water quality being provided when BWNs are issued unnecessarily. BWNs must not be issued when the drinking water in the PWS is safe for consumption based on scientific data. Additionally, in 2016 TCEQ approved a significant increase in the per connection fee for large water systems, which will cost the City of Corpus Christi an additional $229,418.50 annually. The City currently pays in aggregate in excess of $40 million per year to TCEQ for all relevant fees. The new Chapter 290 rules proposed by TCEQ contemplates additional fee increases to be borne by public water systems, including municipalities, to the tune of another $2,709,308 for 14 FTEs over the next biennium to administer the Revised Total Coliform Rules (RTCR), according to TCEQ's Legislative Appropriations Request Exceptional Items. These fee increases are an unwarranted burden on municipalities and public water system because the Texas Legislature has historically failed to adequately fund TCEQ's basic service, equipment and personnel needs. The shifting of the financial burden to fund TCEQ operations from the State to local level significantly inhibits a municipality or public water system from investing in infrastructure and operational improvements to deliver reliable, clean water supplies to its customers. According to the Fiscal Note: Costs to State and Local Government (page 50) in the Chapter 290 proposed rule amendments, "the additional activities may also require local governmental entities who own public water systems to hire consultants to develop: 1) Sample Siting Plan revisions; 2) Level 1 or Level 2 assessments; 3) corrective actions; or 4) seasonal start-up procedures. Costs associated with Level 1 and Level 2 assessments could be significant for activities concerning maintenance, treatment, and distribution system infrastructure improvements." Simply put, the proposed fees outlined above may not be all encompassing of the costs associated with the approval of the proposed rule changes. While the City of Corpus Christ agrees that public health and welfare is of the utmost importance, the acceptance of these rule changes along with the increase of fees paid to TCEQ may in fact cause unnecessary public distress. Page 2of3 No. Rule being Changed Proposed TCEQ Rule Change Issue Proposed Modification 1 §290.46(q)(1) p. 166 Also see 5 below Boil Water Notice and Rescind Notices must be provided to the Executive Director within 24 hours or no later than the next business day after issuance by the public water system and shall be accompanied with a signed Certificate of Delivery. 24 hours may be difficult to comply with. Would have to immediately get documentation compiled, reviewed and to mail carrier and overnight service may still be too late. Notification to Executive Director by email within 24 hours and documents with COD provided to ED within 3 business days. 2 §290.46(q)(5) p. 169 Actions may be required by the executive director. Special precautions, protective measures, and boil water notices may be required at the discretion of the executive director... What are "special precautions" and "protective measures" and what circumstances would each be used in? Clarification of what a special precaution and a protective measure is, and the circumstances that each may be used. 3system §290.46(q)(5)(A)i p. 169 (Tier 3 Notification on p. 562) Circumstances warranting the exercise of such discretion (§290.46(q)(5)) may include... the public water system has failed to provide required compliance information to the executive director. Boil Water Notices when public health is not at risk leads to unnecessary costs on local residents, businesses and the water system. Also causes undue concern by residents regarding safety of drinking water. Public Notification at a Tier 3 level, which is noted to be used when a public water fails to perform monitoring required. Requires annual notification for a 7 -day period 4 §290.46 5 A iii (q)( )( )(.) p.170 Circumstances warranting the exercise of such discretionor (§290.46(q)(5)) may include...the public water system has failed to maintain adequateadopt disinfectant residuals. A single failure to maintain disinfectant residual should not constitute a BWN. Multiple issues (construction valve errors, instrument malfunction, human error, disinfectant change during conversions, etc.) can cause a single residual reading to fall below minimum requirements according to TCEQ standards. o Adopt a 5/ rule, such as exists with Total Coliform positive samples requiring actions like public notification BWN if 5% of residuals are below minimum TCEQ requirements. Alternatively, EPA requirements of detectable total chlorine residual, rather than 0.5 mg/L required by TCEQ. 5immediate §290.46(q)(5)(B) p. 170 ...public water system shall implement special precautions, protective measures, or issue boil water notices to customers within 24 hours or within the time period specified by the executive director. Gives authority to issue Boil Water Notice at discretion of TCEQ. Violations of each degree should have a standard time allotment for issuing BWN. Impacts the ability of the PWS to locate the potential problem and fix it. Also impacts ability to properly prepare for a city-wide BWN. No. Rule being Changed Proposed TCEQ Rule Change Issue Proposed Change Page 3 of 3 6 §290.46(q)(6) p. 171 Required actions prior to rescinding a boil water notice. The executive director may provide written notification to the public water system once the public water system has provided the required compliance documentation to the executive director. A boil water notice issued shall remain in effect until the public water system has provided required compliance documentation to the executive director which establishes that the public water system has met the following: Executive director may provide notification once BWN can be rescinded, but is not required. How would a system be able to ensure our requirements have been met to the standard of the executive director when these items are "at the discretion of executive director"? The executive director shall provide written notification to the public water system once required compliance documentation submitted has satisfactorily met the requirements to rescind BWN. 7 §290.46(q)(6)(E) p. 172 Water samples for microbiological analysis, marked as "special" on laboratory submission form, were collected from representative locations throughout the distribution system or in the affected area(s) of the distribution system within 24 hours or no later than next business day...and the water samples collected for microbiological analysis are found negative for coliform organisms. 1) This seems to imply that special samples are required for rescinding a BWN, even in relation to compliance reporting violations. 2) Affected area OR representative locations — who decides this? Clarify if this requirement is only for BWNs associated with microbial and disinfectant level related events. Also clarify who determines the sample locations or if the TCEQ will specify this during the BWN. 8 §290.106(e) p. 244 §290.107(e) p. 267 §290.108(e) p. 276 §290.115(e) p. 436 Inorganic Contaminants, Organics, Radionuclides, and TTHM and HAAS Copies of test results must be submitted within the first ten days following the month in which the result is received by the public water system, or the first ten days following the end of the required monitoring period as provided by this subsection, whichever occurs first. Sampling for these analytes is scheduled by TCEQ and completed by a State Contractor. The State Contractor then submits the samples taken to the Texas Department of State Health Services to analyze. Sample results not received within ten days of the monitoring period may not be within our control. Should require stipulation that a violation of this requirement only falls on the municipality if the State Contractor and contracted laboratory have met the sampling, analysis, and reporting deadlines within enough time for the municipality to comply with this rule. Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 166 (q) Special precautions, protective measures, and boil water notices. Special precautions, protective measures, and boil water notices shall [must] be instituted by the public water system [owner or responsible official] in the event of low distribution pressures (below 20 pounds per square inch (psi)), water outages, microbiological samples found to contain Escherichia coli (E. coli) (or other approved fecal indicator) [coliform organisms], failure to maintain adequate disinfectant [chlorine] residuals, elevated finished water turbidity levels, or other conditions which indicate that the potability of the drinking water supply has been compromised. Special precautions, protective measures, and boil water notices are corrective or protective actions which shall be instituted by the public water system to comply with the requirements of this subsection. (1) Boil water notices and rescind notices. A public water system shall issue a boil water notice to customers throughout the distribution system or in the affected area(s) of the distribution system as soon as possible, but in no case later than 24 hours after the public water system has met any of the criteria described in paragraphs (2) - (5) of this subsection. Boil water notices shall be issued to customers by using one or more of the Tier 1 delivery methods as described in §290.122(a)(2) of this title (relating to Public Notification) and using the applicable boil water notice language and format specified in Figure: 30 TAC §290.47(c)(1) and (2) of this title [Boil water notifications must be issued to the customers within 24 hours using the prescribed notification format as specified in §290.47(c) of this title]. A copy of this notice shall be provided to the executive director within 24 hours or no later than the next business day after issuance by the public water system and shall be accompanied with a signed Certificate of Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 167 Delivery. The boil water notice shall be multilingual where [Bilingual notification may be] appropriate based upon local demographics. Once the boil water notice [notification] is no longer in effect, the public water system shall notify customers throughout the distribution system or in the affected area(s) of the distribution system that the boil water notice has been rescinded using the language and format specified in Figure: 30 TAC §290.47(c)(3) of this title [must be notified in a manner similar to the original notice]. A public water system shall not rescind a boil water notice and/or notify customers that the boil water notice has been rescinded until the public water system has met all of the applicable requirements as described in paragraph (6) of this subsection. (2) Boil water notices for low distribution pressures. The flowchart found in §290.47(e) of this title shall be used to determine if a boil water notice shall [notification must] be issued by the public water system to customers in the event of a loss of distribution system pressure. [If a boil water notice is issued under this section, it shall remain in effect until water distribution pressures in excess of 20 psi can consistently be maintained, a minimum of 0.2 mg/L free chlorine residual or 0.5 mg/L chloramine residual (measured as total chlorine) is present throughout the system, and water samples collected for microbiological analysis are found negative for coliform organisms.] (3) Boil water notices for E. coli (or other approved fecal indicator) maximum contaminant level (MCL) violations. A public water system shall issue a boil water notice Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 168 to customers for a violation of the MCL for E. coli (or other approved fecal indicator) as described in §290.109(b)(1) of this title. (4) [(3)] Boil water notices for turbidity requirements. A public water system shall issue a boil water notice to customers [notification shall be issued] if the combined filter effluent turbidity of the finished water., produced by a treatment plant that is treating surface water or groundwater under the direct influence of surface water, is above the turbidity level requirements as described in §290.122(a)(1)(B) of this title, specifically: [surface water treatment plant exceeds 5.0 NTU. The boil water notice shall remain in effect until the water entering the distribution system has a turbidity level below 1.0 NTU, the distribution system has been thoroughly flushed, a minimum of 0.2 mg/L free chlorine residual or 0.5 mg/L chloramine residual (measured as total chlorine) is present throughout the system, and water samples collected for microbiological analysis are found negative for coliform organisms.] (A) a combined filter effluent turbidity level above 5.0 NTU; (B) a combined filter effluent turbidity level above 1.0 NTU at a treatment plant using membrane filters; (C) a combined filter effluent turbidity level above 1.0 NTU at a plant using other than membrane filters at the discretion of the executive director after consultation with the public water system; or Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 169 (D) failure of a public water system with treatment other than membrane filters to consult with the executive director within 24 hours after a combined filter effluent reading of 1.0 NTU. (5) [(4) Other] Actions which may be required by the executive director. Special precautions, protective measures, and boil water notices may be required at the discretion of the executive director and shall be instituted by the public water system, upon written notification to the public water system, and shall remain in effect until the public water system meets the requirements of subparagraph (C) of this paragraph and paragraph (6) of this subsection. (A) At the discretion of the executive director, and upon notification, a public water system shall institute special precautions, protective measures, and boil water notices as described under this subsection. Circumstances warranting the exercise of such discretion may include: (i) the public water system has failed to provide required compliance information to the executive director as described in §290.110(e) and §290.111(h) of this title and the failure results in the inability of the executive director to determine compliance as described in §290.110(f) and §290.111(1) of this title; Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 170 (ii) special precautions, protective measures, and/or boil water notices are necessary to comply with the requirements of this title to prevent or correct a potential or actual health hazard, as described in §290.38 of this title, to public water system customers; or (hi) the public water system has failed to maintain adequate disinfectant residuals as described in subsection (d) of this section and as described in 290.110 of title. (B) The executive director will provide written notification to the public water system in the event a public water system is required to institute special precautions, protective measures, or issue boil water notices to customers at the discretion of the executive director. Upon receipt of written notification by the executive director, the public water system shall implement special precautions, protective measures, or issue boil water notices to customers within 24 hours or within the time period specified by the executive director. (C) At the discretion of the executive director, the public water system shall provide any required information to the executive director to document that the public water system has met the requirements for special precautions, protective measures, and boil water notices as required under this paragraph. Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 171 (6) Required actions prior to rescinding a boil water notice. A public water system shall notify customers throughout the distribution system or in the affected area(s) of the distribution system that a boil water notice has been rescinded after the public water system has met the requirements of this paragraph. The executive director may provide written notification to the public water system once the public water system has provided required compliance documentation to the executive director. A boil water notice issued under the requirements of this subsection shall remain in effect until the public water system has provided required compliance documentation to the executive director which establishes that the public water system has met the following requirements, as applicable: (A) water distribution system pressures in excess of 20 psi are consistently being maintained throughout the distribution system in accordance with the flowchart found in §290.47(e) of this title; (B) affected area(s) of the distribution system have been thoroughly flushed until a minimum of 0.2 mg/L free chlorine residual or 0.5 mg/L chloramine residual (measured as total chlorine) is present and is consistently being maintained in each finished water storage tank and throughout the distribution system as described in subsection (d) of this section; (C) finished water entering the distribution system, produced by a treatment plant that is treating surface water or groundwater under the direct influence Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 172 of surface water, has a turbidity level that is consistently being maintained below 1.0 NTU: (D) actions required by the executive director under paragraph (5) of this subsection have been met and the public water system is operating in accordance with §290.110(e) and (f) and §290.111(h) and (i) of this title as described in paragraph (5)(A)(i) of this subsection; and (E) water samples for microbiological analysis, marked as "special" on the laboratory sample submission form, were collected from representative locations throughout the distribution system or in the affected area(s) of the distribution system within 24 hours or no later than the next business day once the public water system has met all other applicable requirements of this paragraph and the water samples collected for microbiological analysis are found negative for coliform organisms. The water samples described in this subparagraph shall be analyzed at laboratories in accordance with §290.119 of this title (relating to Analytical Procedures). (F) A public water system shall notify customers throughout the distribution system or in the affected area(s) of the distribution system that a boil water notice has been rescinded within 24 hours or no later than the next business day, using the language and format specified in Figure: 30 TAC §290.47(c)(3) of this title, once the public water system has met the requirements of this paragraph. The public water system shall provide a copy of the "boil water notice rescinded" notice and a copy of the Texas Commission on Environmental Quality Chapter 290 - Public Drinking Water Rule Project No. 2015 -035 -290 -OW Page 173 associated microbiological laboratory analysis results, as required by subparagraph (E) of this paragraph, to the executive director within ten days after the public water system has issued the rescind notice to customers in accordance with §290.122(f) of this title. (r) Minimum pressures. All public water systems shall be operated to provide a minimum pressure of 35 psi throughout the distribution system under normal operating conditions. The system shall also be operated to maintain a minimum pressure of 20 psi during emergencies such as fire fighting. As soon as safe and practicable following the occurrence of a natural disaster, a public water system that is an affected utility shall maintain a minimum of 35 psi throughout the distribution system during an extended power outage. (s) Testing equipment. Accurate testing equipment or some other means of monitoring the effectiveness of any chemical treatment or pathogen inactivation or removal processes must be used by the system. (1) Flow -measuring devices and rate -of -flow controllers that are required by §290.42(b) and (d) of this title (relating to Water Treatment) shall be calibrated at least once every 12 months. Well meters required by §290.41(c)(3)(N) of this title [(relating to Water Sources)] shall be calibrated at least once every three years. (2) Laboratory equipment used for compliance testing shall be properly calibrated. AGENDA MEMORANDUM Item for the City Council Meeting of November 15, 2016 DATE: November 8, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Miles Risley, City Attorney milesr(c�cctexas.com (361) 826-3360 Discussion and consideration of "Petition for Removal according to City Charter Sec. 11(6)(b)" of Council Member At -Large Mark Scott. CAPTION: Discussion and consideration of "Petition for Removal according to City Charter Sec. 11(6)(b)" of Council Member At -Large Mark Scott. PURPOSE: Article II, Section 11(6)(b) of the City Charter states that five or more registered voters may petition the City Council to remove a council member from office. Such a petition was filed and verified in the City Secretary's Office requesting the removal of City Council Member At -Large Mark Scott. BACKGROUND AND FINDINGS: Article II, Section 11 of the City Charter establishes requirements the City Council may use in removing a council member from office. Per Section 11(a), a city council member is subject to removal by the Council or by any means authorized by law for: 1. Willful violation of any code of ethics or conflicts of interest provision under state or federal law or city ordinance. 2. Willful violation of any express prohibition of this Charter. 3. Misconduct, malfeasance, incompetence, inability or willful neglect in performance of official duties. 4. Conviction of any felony, or any misdemeanor involving moral turpitude. 5. Failing to maintain any residency requirement provided by law. 6. Absence from three consecutive regular council meetings without leave of absence first had, except due to circumstances over which the council member had no control. Section 11(b) states that the City Council can initiate a removal action on its own initiative, or five or more registered voters can initiate the process by petition. On October 31, 2016, a petition was filed and verified in the City Secretary's Office requesting the removal of Council Member At -Large Mark Scott. The City Council makes the final determination to remove a council member by majority vote of all council members holding office, with the exception of the challenged member. The Charter provides that the City Council may reprimand, suspend, refer or remove a member who is subject to a removal proceeding. The Charter requires the Council to provide the challenged member with the following rights: • Written articles of impeachment • An opportunity to be heard • To summon witnesses • To be represented by counsel • To receive reasonable advance notice of a hearing In addition, the City Council must comply with all requirements of the Open Meetings Act in any discussion or meeting related to its actions. OTHER CONSIDERATIONS: On November 1, 2016, the City Council passed a resolution of reprimand for City Council Member Mark Scott (Resolution No. 031000). CONFORMITY TO CITY POLICY: City Charter DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable LIST OF SUPPORTING DOCUMENTS: Petition for Removal according to City Charter Sec. 11(6)(b) Resolution No. 031000 — Resolution of Reprimand for City Council Member Mark Scott PETITION FOR REMOVAL ACCORDING TO CITY CHARTER SEC. 11 (6) (b) TO THE HONORABLE MAYOR NELDA MARTINEZ AND CITY COUNCIL MEMBERS OF THE CITY OF CORPUS CHRISTI: COME NOW ROBERT VENTURE, PAMELA ANN McCALEB, HELEN DALTON, BRUCE SWITALLA, ALAN GUGGENHEIM, SUZANNE GUGGENHEIM, LAURA BALLEW, LEANNE ISOM, ADOLFO ESCOBEDO and DON STONE, residents of the City of Corpus Christi and registered voters of Nueces County, Texas, hereinafter referred to as Petitioners, complaining of MARK SCOTT, Councilman at -Large for the City of Corpus Christi, and would show the following: I. On September 14, 2016, Mark Scott publicly stated that he was resigning from his at -Large seat on the Corpus Christi City Council in order to meet what he deemed the term limits requirement contained in the City Charter in order to run for Mayor in 2018. Independent counsel was sought for a rendering of an opinion on the matter. Said attorney, Charles Zech of Denton, Navarro, Rocha, Bernal, Hyde & Zech in San Antonio, Texas, opined that Mr. Scott is still a council member because he "holds over in his office of council member until his successor is qualified and takes office." Mr. Scott has not been replaced on the council, and minutes of council meetings after September 14, 2016, will show that Mr. Scott has not attended regularly scheduled council meetings on September 20, 2016, September 27, 2016, October 11, 2016, October 18, 2016 and October 25, 2016. As a result of these absences, Mark Scott has failed to fulfill his duty as councilman at -Large. During his absences, the City Council voted or acted upon the City Budget for 2016-2017 and Plan CC, which outlines the future of our city for the next twenty (20) years. Failure to participate in decisions pertaining to these two issues shows gross disregard for the best interests of the citizens of the City of Corpus Christi. II. BASIS FOR REMOVAL AND IMPEACHMENT IVED OCT 3 12016 SECRETARY'S OFRCE The following is an excerpt from the City Charter, City of Corpus Christi, Texas, November 2, 2010 (Last Revision), Sec. 11 Removal. (a) (3), (a) (6) & (b), supporting the basis on which this petition is brought by Petitioners: Sec. 11. Removal. (a) A council member shall be subject to removal by the council or by any other means authorized by law for: (3) Misconduct, malfeasance, incompetence, inability or willful neglect in performance of official duties. (Emphasis added.) (6) Absence from three consecutive regular council meetings without leave of absence first had, except due to circumstances over which the council member had no control. (b) A removal action by the council may be instituted on its own initiative, or shall be instituted upon petition by five or more registered voters, and any final decision to remove a member shall be by the majority vote of all council members holding office, with the exception of the challenged member. The council may provide by ordinance for the referral of any disciplinary matter involving a council member to the ethics commission for recommendation. The challenged member shall have the right to written articles of impeachment, an opportunity to be heard, to be represented by counsel, to summon witnesses who shall be required to give testimony, and to reasonable advance notice of the hearing. The burden of proof shall be on those bringing the charges. The hearing shall be open to the public, and the conclusions and findings of the council shall be final. If the member is removed, a complete statement of the reasons therefor shall be filed with the city secretary. The council shall additionally have the authority to reprimand or suspend a member for a period of not more than thirty days if removal is not warranted. (Emphasis added.) WHEREFORE, PREMISES CONSIDERED, Petitioners pray that MARK SCOTT, be removed from his position of Councilman At -Large for the City of Corpus Christi. On this 314-.1-- day of October, 2016. Respe obert Venture 302 Clifford Corpus Christi, TX 78404 -2- 4),a„ Pamela Ann McCaleb 4826 Karchmer Corpus Christi, TX 78415 Helen Dalton 8002 Villefranche Corpus Christi, TX 78414 Bruce Switalla 2818 Hulbirt Corpus Christi, TX 78407 81 '" Marseille Drive Corpus Christi TX 78414 1 Suzanne Gu•g nhe 8157 Marseille Drive Corpus Christi, TX 78414 Laura Ballew 10730 Atlanta Corpus Christi, TX 78410 -3- Le- ne Isom 902 Riverway Corpus Christi, TX 78410 Adolfo Escob "do 4902 Saratoga Blvd., #10 Corpus Christi, TX 78413 Don Stone 14709 Calamity Ct. Corpus Christi, TX 78410 -4- CITY COUNCIL RESOLUTION OF REPRIMAND FOR COUNCIL MEMBER MARK SCOTT Whereas, by election held on April 3, 1993, the Corpus Christi voters approved Charter Amendment 3 to amend Article 11 Section 1 of the City Charter to add an additional subsection (d) regarding term limitations to read as follows: "(d) No person shall serve more than four two-year terms consecutively as a council member, or four two-year terms consecutively as mayor, or six two-year terms consecutively in any combination of such officers. A person who has reached the limitation on terms provided in this section shall be eligible for election or appointment to the city council after not serving on the city council for one full term of office. (This provision shall take effect beginning with the terms of office commencing in April 1993. Terms of office served prior to such date shall not count toward this limitation.)" Whereas, by election held on November 2, 2010, the Corpus Christi voters approved Charter Amendment No. 2 to amend Article 11 Section 1 subsection (d) of the City Charter to increase the waiting period from one term (2 years) to three terms (6 years) before a person becomes eligible to serve again and modifying subsection (d) to read as follows: "(d) No person shall serve more than four two-year terms consecutively as a council member, or four two-year terms consecutively as mayor, or six two-year terms consecutively in any combination of such offices. A person who has reached the limitation on terms provided in this section shall not be eligible for election or appointment to the city council until three consecutive terms of office for the council have expired." Whereas, also by election held on November 2, 2010, the Corpus Christi voters approved Charter Amendment No. 6 to change the City Council election date from the second Saturday in May to the November uniform election date of even numbered years and to allow for a transition election in May 2011, with a shortened term of a year and a half, and amending Article 11 Section 1 (b) of the City Charter to read as follows: "(b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held on the November uniform election date of even -numbered years as authorized by State law; provided that, a transition election shall be held on the second Saturday in May, 2011 for terms expiring upon the final canvass of the elections in November 2012." Whereas, it is the belief of the Corpus Christi City Council that the intent of the 2010 Charter amendments was to count the shortened City Council term towards the term limits; 031000 INDEXED Whereas, on September 14, 2016, City Council Member Mark Scott announced his resignation from office prior to the expiration of his term of office in order to avoid City Charter term limit requirements; Whereas, the Texas Constitution provides that City Charters may be amended no more frequently than every two years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Council Member Mark Scott is hereby reprimanded for his actions taken in efforts to avoid term limit requirements. Section 2. That City Manager or designee is directed to request reimbursement of funds paid to Council Member Mark Scott during his period of nonattendance at City Council meetings. Section 3. That the City of Corpus Christi will conduct a comprehensive review of the Corpus Christi City Charter to ensure that terms and term limit provisions are clear and satisfy the intent of the voters. The review will be provided to the next Charter Commission in order to hold an election of said issues at the next available election date authorized under State law. Attest: Rebecca Huerta, City Secretary City of Corpus Christi Nelda Ma me , Mayor Corpus Christi, Texas I of `n(S1t-PXYv 0-01L0 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 1310(^10 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 15, 2016 Second Reading for the City Council Meeting of December 13, 2016 DATE: TO: FROM: November 15, 2016 Margie C. Rose, City Manager Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Final Reimbursement of Election Services Overbilling CAPTION: Ordinance accepting payment from Nueces County in the amount of $73,616.52 as the final reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2016-2017 operating budget adopted by Ordinance 030965 to increase revenues by $73,616.52. PURPOSE: The purpose of this item is to accept and appropriate the second of two $73,616.52 reimbursements from Nueces County for overbilling of election services. BACKGROUND AND FINDINGS: In November of 2015, Nueces County Clerk, Kara Sands notified the City of Corpus Christi (City) that Nueces County (County) had completed an audit of the cost of election services billed to the City by the County from October 2012 through December 2014. The audit revealed that the County had overbilled the City $147,233.04 in elections services costs. The Nueces County Commissioners Court approved full repayment, in two equal installments. The $73,616.52 that is the subject of this memorandum is last of these two equal reimbursement installment payments. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department Budget Department Finance Department FINANCIAL IMPACT: ❑ Operating RI Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $73,616.52 $0 $73,616.52 BALANCE $73,616.52 $0 $73,616.52 Fund(s): General Fund Comments: None. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE ACCEPTING PAYMENT FROM NUECES COUNTY IN THE AMOUNT OF $73,616.52 AS THE FINAL REIMBURSEMENT FOR ELECTION SERVICES OVERBILLING AND APPROPRIATING IN THE NO. 1020 GENERAL FUND; CHANGING THE FY 2016-2017 OPERATING BUDGET ADOPTED BY ORDINANCE 030965 TO INCREASE REVENUES BY $73,616.52 Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City of Corpus Christi accepts payment from Nueces County in the amount of $73,616.52 as the last of two equal reimbursement installment payments for election services overbilling; appropriating in the No. 1020 General Fund; and changing the FY 2016-2017 Operating Budget adopted by Ordinance 030965 to increase revenues by $73,616.52. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Lucy Rubio Mark Scott Brian Rosas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Dan McQueen Joe McComb Carolyn Vaughn Greg Smith Rudy Garza Michael Hunter Lucy Rubio Paulette Guajardo Ben Molina PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 15, 2016 Second Reading Ordinance for the City Council Meeting of December 13, 2016 DATE: TO: October 18, 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 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2016 through September 30, 2017; and ratifying acceptance of the grant agreement to begin October 1, 2016. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000.00, increasing the total amount to $100,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin October 1, 2016. PURPOSE: To provide funding for the Health Department to implement targeted and evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: The following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2015 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 15, 2015 and the final Project Work Plan submission is due to DSHS on or before October 30, 2015. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2015 and the final Evaluation Plan version is due to DSHS on or before November 30, 2015. 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 17, 2016. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 31, 2016. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2016. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 29, 2016. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2016. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2016. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 27th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. 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 October 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: • •Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-003808-00 Amendment #03 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/T(HC) grant in the amou nt of $50,000.00, increasing the total amount to $100,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin October 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 $100,000.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of October 1, 2015, through September 30, 2017, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators. Section 2: That the increased grant amount of $50,000.00, is appropriated in the No. 1066 Health Grants Fund to continue the HPCDP/TXHC grant in the Health Department. Section 3: The amendment includes revisions to Section 7 Statement of Work and Section VIII Special Provisions. Section 4: Further the City Council ratifies acceptance of the grant to begin as of October 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: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT #: 03 The Department of State Health Services (DSHS) and Corpus Christi-Nueces County Public Health District (Contractor) agree to amend Contract ID#2016.003808-00 (Contract), which was effective on October 1, 2015. This Contract has been amended twice prior to thls Amendment. This amendment is denominated as 2016-003808-03. I. The Parties agree to amend Section 2 of this Contract to increase the total amount of Contract to ONE HUNDRED THOUSAND DOLLARS ($100,000.00). 11.. The Parties agree to amend Section 4 of this Contract to extend the end of the Contract term to September 30, 2017. III. The Parties agree to amend Section 7 of this Contract to add the following? Contractor Shall: 7. Develop, complete and submit a draft Project Work Plan for the period of October 1, 2016 through September 30, 2017. in conjunction with DSHS. The draft Work Plan must include objectives with supporting activities that address indicators identified In the FY 2016 TXHC assessment as needing ImprovemenL A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission data. The draft Project Work Plan must be submitted to DSHS on or before October 17, 2016 and the final Project Work Plan submission is due to DSHS on or before October 31, 2016. 8. Develop and submit an Evaluation Plan to DSHS. A draft Evaluation Plan must be reviewed and approved by DSHS prior to the final version submission date. The draft Evaluation Plan must be submitted on or before November 16, 2016 and the final Evaluation Plan is due to DSHS on or before November 30, 2016. 9. Submit a draft Interim Progress Report for the period of October 1, 2016 — March 16, 2017 to DSHS for review on or before March 17. 2017. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft interim Report and must be submitted on or before March 31, 2017. 10. Conduct, complete and submit the draft Texas Healthy Communities Assessment in the Performance Management and Tracking System by May 16, 2017. DSHS will review and approve the draft submission prior to submission of final report In Performance Management and Tracking System (PMATS) on or before May 31, 2017. 11. Submk a Final Progress Report Draft for the period of October 1, 2016 —August 31, 2017 to DSHS for review and approval on or before August 31, 2017. The report will Include summary of all Items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons teamed. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2017. 12. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 281h, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as requested by DSHS. IV. The Parties agree to amend Section Vill. Special Provisions of this Contract to add the following: General Provisions, Article XXVII Non -Exclusive List of Applicable Laws is amended by deleting It in its entirety and replacing it with the following: Page 1 of 2 DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT Si: 03 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 coded in Title 2, 200 of 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.dstis.state,tx,us/contractsllinks.shlm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part 111, Stale Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http:1/www.dshs.state.tx.us/contractsllinks.shlm. For contracts funded by block grants. Contractor shall comply with Tex. Gov. Code Chapter 2105. V. Except as provided in this Amendment, all other terms and conditions in the Contract will remain and be in full effect. VI. This Amendment is effective on October 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. Department Of State Health Services Contractor By: By: Title: Title: Date: Date: Approved as to form Asci ailtgoilj rty For Cry Aoorney Page 2 of 2 ina Ir 10111 arantS 1 Al/b114 - UocI.unent 1 -ager TEXAS Department of State Health Services My Nome MyCor*raw, RtylnvoiCCs My Archives CHEcrt 01.08AL ERRORS tla Document information Parent information' { , -""0 e- 'd4oB War You ere here: a }renewal Menu > Forms Mani rte_-•a.rruz-- FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATAI CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal taw, lithe Department later determines that the Contractor knowingly rendered an erroneous certification. DSHS may pursue alt available remedies in accordance with Texas and U.S law Signor further agrees t hatltwill provide Immediate written notice tu DSHS if at any time Signor teams that any of the certillcatons provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signor cannot certify all of the statements contained in this section. Signor must provide written notice to DSHS detailing which of the below statements 11 cannot certify and why. Organization Name Corpus Christi•Nueces County Pubic Health District (City) Address 1702 Horne Road 2 City Carpus Christ Slate Texas r 21p Cod (9 digit) 78415 Payee Name City of Corpus Christ Address POSOX 9277 City Corpus Christ Stale TX 27p Code 49 digit) 78469-9277 Vendoridentifiratlon No. 17460005741 MallCode 027 Payee DUNS No.1 has 069457786 1.131d your organization have a gross income. from all sources, of than 5300,000 In your previous tax year? Yes No Identify contact persona for FFATA Correspondence FFATA Contact Parson S1 Name' Constance Sanchez Ernair ContancoF®cctexas.com Telephone' (361) 8283227 FFATA Contact Person N2 Name' Email• Telephone Blandin Costley BlendinaCecctexas,cam (361) 826.7252 As the authorized representative oldie Organlzatlont I hereby certify that the statements made by me in this certification form are true, complete and correct to the beat of my knowledge E-Signalure Navigation L"mks Date Status Page Name Note Created By Last Modified By haMc•irar+ronlc riche law= rw111h1or4Oone) vemeln all MMFA.LranDarw+! rw.nnl=11f1771tevn,ar1=1111774 in,. WOW 10 1ntenlurancs 1 Au,r1a - uoct neat rage A 0 Racal Federal Fumanti Accountatabtv and Transparenav Act IFFATAI Cerlle;catron Slonntu p Paco Wilczynski, Jonah -DCPS 8116f201610:10:80 AM Wilczynski, Jonah - DCPS W16120161027:02 AM 10 Too of the Page %-.ter ,y ,r _.■..,�. re-a� 4a -rte* Powered by lntelllGronls71 — ' �" "- — T ".s ae Copynght 2000.2416 Agate 5o1 ware. Inc. hiledrilanniella riche Iwae r naillNerIPsro7 serwlhar11fl 1116rrnn1rla11f 7l 9r] AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: TO: October 31, 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 Residential Reconstruction Test Projects Ordinance appropriating $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects — Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of $97,764 for the design of Rogerson Drive. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute two contracts for engineering design services for the design of Residential Reconstruction "Test" Projects with Freese and Nichols, Inc. for Rogerson Drive and Urban Engineering for Ralston Street. BACKGROUND AND FINDINGS: This is the first two Residential Street Reconstruction projects that provide the initial "Test" projects for the program. Staff will use these two projects to further refine the Residential Street Reconstruction Program including developing better pricing, street selection process and construction recapitalization strategies. These two streets were selected as test streets due to their condition and potential rehabilitation/reconstruction treatment alternatives. The scope of the project varies from major rehabilitation to full depth reconstruction. Both streets will receive new curb & gutter, sidewalks and ADA ramps on both sides with minimal underground utility and drainage improvements. This test project is anticipated to provide better pricing data and treatment alternatives for future Residential Street Reconstruction Program including the initial program implementation planned in the Bond 2016 election (if approved). This test project also provides additional analysis and considerations for the selection matrix for future candidate streets. Both streets are beyond their design life and require major lifecycle upgrades. Ralston is experiencing the worst deterioration with surface, base and subgrade failures and therefore likely requires full depth reconstruction. Rogerson is experiencing similar distress without complete failure of the base and subgrade that may allow re-use/recycling the existing base to achieve a full depth rehabilitation. The engineering and design will determine the level of repairs and final street pavement treatment. The subsequent bidding is planned for May/June 2017 timeline. The actual bid pricing will allow staff to refine the budget and the candidate selection with actual pricing data. The preliminary cost estimate for street construction and utility upgrades is $3.7 million. ALTERNATIVES: 1. Authorize execution of a contract for engineering design services. 2. Do not authorize execution of a contract for engineering design services. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0 $3,900,000 $3,900,000 Encumbered / Expended Amount 0 0 0 This item 0 186,184 186,184 Future Anticipated Expenditures This Project 0 3,651,923 3,651,923 BALANCE $0 $61,893 $61,893 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends this contract with Freese and Nichols in the amount of $97,764 for the Rogerson Drive project and Urban Engineering in the amount of $88,420 for the Ralston Avenue project. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract — Freese and Nichols Contract — Urban Engineering Form 1295 — Freese and Nichols Form 1295 — Urban Engineering Location Map Presentation Page 1 of 2 Ordinance appropriating $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects — Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of $97,764. for the design of Rogerson Drive. WHEREAS, the City is working to develop a Residential Street Reconstruction Program and has identified the need for one or more test projects to better define the scope and costs of the program; WHEREAS, the City identified Ralston Avenue and Rogerson Drive as representative residential streets that could provide the necessary pricing data and treatment alternatives for further development of the future Residential Street Reconstruction Program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund is appropriated for the Residential Reconstruction Test Projects. SECTION 2. The FY 2017 Operating Budget adopted by Ordinance No. 030965 is changed to increase expenditures in the amount of $2,500,000. SECTION 3. The City Manager or designee is authorized to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for the engineering design of Ralston Avenue from Staples to Alameda. SECTION 4. The City Manager or designee is authorized to execute a contract for engineering design services with Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of $97,764 for the engineering design of Rogerson Drive from Sunnybrook to McArdle. @BCL@1 C0560BB 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@1 C0560BB Dan McQueen Mayor PROJECT BUDGET ESTIMATE Residential Street Reconstruction Program Rogerson Drive & Ralston Avenue E16270 & E16271 PROJECT FUNDS AVAILABLE: Residential/Local Street Fund FY 2015-2016 $ 2,500,000.00 Residential/Local Street Fund 2016-2017 1,400,000.00 TOTAL 3,900,000.00 FUNDS REQUIRED: Construction: Construction - Rogerson (estimate) 1,150,234.00 Contingecy (10%) 115,023.00 Construction - Ralston (estimate) 1,877,590.00 Contingecy (10%) 187,759.00 Design Fees: Preliminary Design (Freese) 37,317.00 Engineering Design (Freese)....THIS ITEM 97,764.00 Preliminary Design (Urban) 21,000.00 Engineering Design (Urban)....THIS ITEM 88,420.00 Geotechnical Inspection - Rogerson Drive(Rock) 6,250.00 Geotechnical Inspection - Ralston Avenue(Rock) 6,250.00 Testing and Inspection: Construction Materials Testing - Rogerson (Estimate) 37,500.00 Construction Materials Testing - Ralston (Estimate) 37,500.00 Construction Inspection (estimate) 50,000.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) 62,500.00 Engineering Services (Project Mgt/Constr Mgt) 62,500.00 Misc. (Printing, Advertising, etc.) 500.00 TOTAL 3,838,107.00 ESTIMATED PROJECT BUDGET BALANCE $ 61,893.00 CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E16271 Ralston Avenue Improvements (Staples Street to Alameda Street) 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 Urban Engineering, a Texas company, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE 1 SCOPE OF SERVICES 2 ARTICLE 11 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 DATAEXCHANGE ANGIEMISTREETtiE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEOAIENGINEERING DESIGN URBAN12016 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 concerning 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:SENGINEERING DATAEXCHANGEANGIEMSTREET1E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN1201607113 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 $88,420. 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. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. 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 DATAEXCH.ANGSANDIEMISTREERE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAM£DA\ENGINEERING DESIGN URBAN12016 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). appr-eved-G14ae9es, 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. 07/15 KIENGINEERING DATAEXCHANGE ANGIEMISTREETLE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN UR8AN12016 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 KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDA',ENGINEERING DESIGN URBAN12016 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 Page 6 Rev 07/16 KLENGINEERING DATAEXCHANGEIANGIEMISTREE71E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDALENGIN£ERING DESIGN URBAN120166718 CONTRACT PROFESSIONAL SERVICES DOC 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. 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 KIENGINEERING DATAEXCHANGEUWGIEMISTREE71E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN12016 0716 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 B Rev 07/16 KIENGINEERING DATAEXCHANGEVWGIEMISTREET'E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN12016 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 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 Assianability. 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. Page 9 Rev 07/16 KIENGINEERING DATAEXCHANGEUINGIEMISTREETIE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEOAIENGINEERING DESIGN URBAN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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 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 concerning 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 governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a 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 farml295.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 Government 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 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. 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, Page 10 Rev 07116 K4ENGINEERING DATAEXCHANGEIANGIEMISTREET1E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN42016 0718 CONTRACT PROFESSIONAL SERVICES. DOC 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. 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 URBAN E INEERING J.H. Edmonds, P. E. Date Eugene C rban, Jr., P.E Director of Engineering Services 2725 Sw- • ner Drive Corpus Christi, TX 78404 (361) 854-3101 Office curban©urbaneng.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget Assistant City Attorney Date ATTEST City Secretary Date Project No, E16271 Accounting Unit: 1042-12440-051 Account: 530000 Activity: E16271011042EXP Account Category: 30000 Fund Name; Residential/Local Street Fund Encumbrance No. Date Page 11 Rev 07/10 KAENGINEERING DATAEXCHANGElANGIEMYSTREETtE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEOAtiENGINEERING DESIGN URBAN12010 0710 CONTRACT PROFESSIONAL SERVICES OOC 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 Ralston Avenue — Staples to Alameda (Project Number E16271) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer A/E (also referred to as Consultant) will: a) Prcparc Powcrpoint presentation in City format for City Council Meeting. • c) nas.e.ti-n-gs to atte deer within five working days of the meeting. Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. provided by the City pertaining to the project area. c) Dcvclop prcliminary rcquircmcnts for utility relocatiGias replacements or upgrades. f) g) • petential eject dc. Identify right of way acquisition requirements and illustrate on a schematic strip map. Prepare preliminary opinions of probable construction costs for the recommended improvements. that may have existing facilities and must relocated to accommodate the proposed improvements. i) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. j) Identify and analyze requirements of governmental authorities having jurisdiction to approvc dcsign of the Project including permitting, environmental, historical, Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Identify and recommend public outreach and community stakeholder requirements. required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross way -reg 1i tc, conformance to master plans, identification of needed consideration, existing used utilities, identification of quality and L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 quantity of materials of construction, and other factors required for a professional -design . 2. Include existing site photos. 3. Provide opinion of probable construction costs. jurisdiction to approve design of the Project including permitting, coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. on -cost sates toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. rn) Assimilate all revicw commcnts of the Draft Enginccring Lcttcr Rcport and providc copies using City Standards as applicable) suitable for reproduction. n) Assist City in presenting summary of ELR findings to City appointed capital project oversight committee ham -responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, his and exhibits for meeting. Provide follow up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d-) Field location of existing city utilities. (A/E to coordinate with City Operating Department. c) Applicablc Mastcr Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Anv unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 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:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - 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, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and 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 engi neer 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 adequately 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 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 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 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 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. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 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. 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. 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. NPDES b. Texas Department of Licensing and Regulation (TDLR) 6. All work must be tied to and conform with the City's Global Positioning System (GPS) control 11, Professional Surveyors' Li Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. Establish Horizontal and Vertical Control. to) Establish both primary and secondary horizontal/vertical control. s) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e} Vertical control will be based on NAVD 88. All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 g4 Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. 1214 Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. 14 Locate improvements within the apparent ROW. Locate and identify trees, at least five inches in diameter within the apparent ROW. k} Generate electronic planimetric base map for use in project design. 14 Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m-) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 7 Right -of -Way (ROW) Acquisition Survey (To Be Determined). All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 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 --- - - --- --, --- -, - - - - - - -- - 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. EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc Subsurface Utility Investigation. (To Be Determined) 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. A/E 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 A/E. 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. a) Providc subsurfacc utility cnginccring in accordancc with ASCE Standard "ASCE C I, 38 02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limitcd to, hydro cxcavation. The propoccd cubcurfacc utility investigation will be as follows: 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. (To Be Determined) Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced warning 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 (To Be Determined). Participate in two neighborhood meetings Engineering Letter Report and one meeting shall be held prior to start of project construction. Preparation of notices and his for meetings will be provided by City. A/E directed by the City. 12. Warranty Phase. (To Be Determined) 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 EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc II. SCHEDULE Date Activity November 30, 2016 NTP February 16, 2017 60% Design Submittal March 3, 2017 City Review March 31, 2017 100% Final Submittal April 2017 Advertise for Bids April 2017 Pre -Bid Conference April 2017 Receive Bids May 2017 Contract Award July 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. 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. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc Summary of Fees Basic Services Fees 1. Preliminary Phase N/A 2. Design Phase $58,655.00 3. Bid Phase $3,270.00 4. Construction Administration Phase $13,495.00 Subtotal Basic Services Fees $75,420.00 Additional Services Fees (Allowance) 5. Permit Preparation NPDES $4,300.00 TDLR $5,250.00 6.Topographic Survey and Parcel Descriptions N/A 7. ROW Acquisition Survey N/A 8. Geotechnical Investigation N/A 9. Subsurface Utility Investigation N/A 10. Traffic Control To Be Determined 11. Public Involvement To Be Determined 12. Warranty Phase $3,450.00 13. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $13,000.00 Total Fee $88,420.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT 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 & 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 51,000 $0 SO 51,000 $0 $1,000 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°% $6,000 $1,000 $1,250 $8,250 $750 51,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 096 0 0 1,627 1,627 0 0 0 0°% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 51,627 54,747 $500 $0 $500 11% 56.000 $1,000 $1,250 58,250 $750 $1,500 $2,500 30% 2.000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 512,997 $1,250 $1,500 53,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Contract for Professional Services Exhibit B-1 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 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 07116 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 IiabiIity 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. Rev 07/16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D lerla CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus City h 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: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Swantner Drive CITY: Corpus Christi ZIP: 78404 FIRM IS: I . Corporation ❑ 2. Partnership 3. Sole Owner 4. Association [j 5. 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 staving 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 hrn 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 1 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: Eugene C. Urba , Jr., P.E. Title: fry pr or Prin.) Signature of Certifying Person: DEFINITIONS Principal 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." 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 loll - Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there we no interested parties. e OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-131751 Date Filed: 11/02/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Urban Engineering Corpus Chrisd, TX United States 2 Name of govemmentnt entity or state agency that is a party to the contract for whroh 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. E16271 Ralston Ave. improvements (Staples St. to Alameda St.) Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Urban, James L Corpus Christi, TX United States X Urban, Jr., Eugene C. Corpus Christi, TX United States X Urban, Larry J. Corpus Christi, TX United States X r 5 Check only if there is NO Interested Party. ❑ 5 AFFIDAVIT I swear, or affirm, u+ Fer penalty of perjury, that the - 1 Fve disclosure is true and correct. AFFIX Sworn 20 JOLENE E POTTER My Commission Dohs/ July 24, 2017 Sig ure of authorized agent of fretting business entity Or NOTARY STAMP / SEAL ABOVE {/"� j , to and subscribed before me, by the said !`L- ` tom. ( 116-' "-- Aids the f � day of g fr " r it, , 10 certify which, witness my hand and seal 61 office. kll1/r�/7'17h✓ft �SsI S.kica officer administering oath -- L Is -L P34)t� Signature of officer administering oath Printed name of officer administering oath Title of F rovided by Texas Ethics Commission www.ethics.state.tx.us erston vl.u. 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 —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 15.01.0 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 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: 2016-131751 Date Filed: 11/02/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Urban Engineering 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. E16271 Ralston Ave. Improvements (Staples St. to Alameda St.) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary Urban, James L. Corpus Christi, TX United States X Urban, Jr., Eugene C. Corpus Christi, TX United States X Urban, Larry J. Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT I swear, or affirm, u er penalty of perjury, that the ove disclosure is true and correct. (41— NW JOLENE E POTTER Iyy Commission Expires July 24, 201 7 +p, ha* Sig ure of authorized agent of trading business entity i I +,, LA. r h C`-,-~ , this the 2 G day of �0 V�(i-t b ( AFFIX NOTARY STAMP / SEAL ABOVE ]] Sworn to and subscribed before me, by the said l� IA - C 20 II, to certify which, witness my hand and seal i5f office. Micieiii5irah ve 45'5/Skit-re officer administering oath Title of officer administering oath :L,e_ tz...e_ P7,(,?"_4_,E) alev)el--_,-.21-ieV- / ignature of officer administering oath Printed name of tprovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E16270 Rogerson Drive Improvements — Sunnvbrook to McArdle 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 Blvd., 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 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E16270 ROGERSON STREET SUNNYBROOK MCARDLE\ENGINEERING DESIGN FN\2016 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 concerning 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. 07116 KIENGINEERING DATAEXCHANGEL4NGIEMISTREETlE16270 ROGERSON STREET SUNNYBROOK MCARDLE'ENGINEERING DESIGN FN12016 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 $97,764. 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. Consultant shall submit a Rate Schedule, ac shown in Exhibit B_1, with their proposal. 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 KIENGINEERING DATAEXCHANGEIANGIEMISTREETiE16270 ROGERSON STREET SUNNYBROOK MCARDLESENGINEERING DESIGN FN12016 0716 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). appfeved-shan9es: 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. 07116 KIENGINEERING DATAEXCHANGE ANGIEMISTREETIE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN12016 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 contractors 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 K1ENGINEERING DATAEXCHANGEIANGIEMLSTREETIE16270 ROGERSON STREET SUNNYBROOK MCARDLELENGINEERING DESIGN FNL2016 0716 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 Page 6 Rev. 07116 KiENGINEERING DATAEXrHAflGEUWGIEMSSTREETtE16270 ROGER:ON STREET SUNNYBROOK MCARDLE1ENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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. 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. 07116 K (ENGINEERING DATAEXCHANGEWIGIEMSTREETIES6270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN52016 0710 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 (1) 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 tryto 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. 07116 KIENGINEERING DATAEXCHANGEV+NGIEM\STREEnE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FNM2016 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 attorneys 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. Page 9 Rev 07/16 KSENGINEERING OATAEXCHANGE ANGIEMSTREETTE1627O ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN1,2016 0716 CONTRACT PROFESSIONAL SERVICES.DOC 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 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 governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a 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 Government 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 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. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severabilitv. 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, Page 10 Rev. 07/16 K:IENGINEERING DATAEXCHANGEVINGIEM STREERE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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. 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 Ron G man, P.E. Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office ron.guzman@freese.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget Assistant City Attomey Date ATTEST City Secretary Date Project No. !;16270 Accounting Unit: 1042-12440-051 Account: 530000 Activity: E16270011042EXP Account Category: 30000 Fund Name: Residential/Local Street Fund Encumbrance No. Date Page 11 Rev 07/16 ICIENGINEERING DATAEXCHANGE1ANGIEMISTREET1E16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES (Proposal & Scope of Services from AIE) Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Rogerson Drive — McArdle Road to Sunnybrook Road (Project Number El 6270) 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. Hold Projoct Kick off Mooting. Proparo mooting agonda and dictributo mooting Censultant its roquirod por City Plan Proparation Standardc Contract Format (CPRSCF). L IResources50LCRIClCorpus ChdstilCOCC • Rogerson Drive • targe AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 1 of 9 Revised November 13. 201 2 �. Includo oxicting cito photoc. juricdiction to approvo docign of tho Projoct including permitting, groupc, TDLR, otc. eeFmmontc. from City Engineering floc► - f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. 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) 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". L.1Resources1OLCR\C1Corpus ChrisalCOCC - Rogerson Drive • Large AE12 - REVISED ExHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and 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 Citv Engineer or designee, Consultant has not adequately 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 LResources1OLCRLC1Carpus ChrlstACOCC • Rogerson Drive - Large AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 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 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 AIE'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 AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AIE 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:IResources4OLCR4C1Corpus ChrisbACOCC - Rogerson Drive - Lar0e AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012-doc 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. 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. 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 Department of Licensing and Regulation (TDLR) 6. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 L:SResources50LCR5C4Carpus ChristICOCC - Rogerson Drive - Large AEl2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doe g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. I) Set property comers and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 7. Right -of -Way (ROW) Acquisition Survey (To Be Determined). All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence comers, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. NE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 8. Geotechnical Investigation. The geotechnical investigation will be provided by the City under separate contract. 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. LARescurcesIOLCRIDICorpus ChrislACOCC - Rogerson Drive - Large AE42 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 9. Subsurface Utility Investigation. (To Be Determined) The subsurface utility investigation will be provided by the City under separate contract. AIE 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. A/E 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 AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The AIE will coordinate this activity. 10. Traffic Control. (To Be Determined) 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 (To Be Determined). 12. Warranty Phase. (To Be Determined) 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 L:4Resources40LCR4C1Corpus Chrtsti4COCC - Rogerson drive - Large AE12 - Revise° EXHIBIT A LARGE AE REVISED November 2012.40c EXHIBIT "A" Page 7 of 9 Rev sed November 13. 2012 11. SCHEDULE Date Activity November 30, 2016 NTP February 16, 2017 60% Design Submittal March 3, 2017 City Review March 31, 2017 100% Final Submittal April 2017 Advertise for Bids April 2017 Pre -Bid Conference April 2017 Receive Bids May 2017 Contract Award July 2017 Begin Construction October 2017 Complete Construction 111. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1.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 1.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon AIE's estimate (and 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 NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase N/A 2. Design Phase $55,257.00 3. Bid Phase $6,328.00 4. Construction Administration Phase $15,216.00 Subtotal Basic Services Fees $76,801.00 Additional Services Fees (Allowance) 5. Permit Preparation $2,334.00 6.Topographic Survey and Parcel Descriptions $18,629.00 EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 L:SResourcesiOLCRlC1Corpus ChristACDCC - Rogerson Drive - Large AE)2 - REVISED EXHIBIT A LARGE AB REVISED November 2O12.doc 7. ROW Acquisition Survey To Be Determined 8. Geotechnical Investigation N/A 9. Subsurface Utility Investigation To Be Determined 10. Traffic Control To Be Determined 11. Public Involvement To Be Determined 12. Warranty Phase To Be Determined 13. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $20,963.00 Total Fee $97,764.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 L:SResources\OLCR5C1Corpus Chr1sti COCC • Rogerson Drive -Large AE42 -REVISED EXHIBIT A LARGE: AE REVISED November 2012.doe Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No.1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 50 50 51.000 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% $6,000 51,000 51,250 58,250 5750 51,500 52,500 30% $2,000 50 50 52,000 $500 50 5500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% 52,000 51,120 51.27 54,747 $500 50 5500 11% 56,000 51,000 51,250 58,250 5750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $6,000 52,120 32,677 512,997 51,250 51,500 53,000 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 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 07116 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. Rev 07'16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D ASIOBBEASSGNED 8YC1TY"- PURCHASING DIVISION City o of f CITY OF CORPUS CHRISTI Carrtutt ity DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not mineable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: Freese and Nichols, Inc. 800 N. Shoreline, Ste. 1600N my: Corpus Christi ZIP: 78401 FERMIS: 1. Corporation 4. Association i. Partnership Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." NIA Name Job Title and City Department (if !mown) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action an a matter bows that thed action will confer an economic benefit on any City official or employee that is distinguishable effect that the action will have on members of the public in geners1 ora substantial se s t thereof, you shall disclose that fact in a signed writing to the Ctty official, employee or body that :: been requested to act in the matter, unless the interest of the City official or loyee in the mates is apparent. The disclosure shall also be made in a signed writing filed with the City century. [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: Principal ape es rely Signature of Certifying Person: Date: S . 2'3 • 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 an 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 arttime 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, end 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 furan, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. S. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E 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: 2016-132264 Date Filed: 11/0312016 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 he provided under the contract. C16270 Professional engineering design services for Rogerson Drive - McArdle Road to Sunnybrook Drive project. 4 Name of interested Piety City, State, Country (place of business) Nature of interest (check applicable) Controlling 11 Intermediary Motley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Fort Worth, TX United States X Milrany, Cindy Fart Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas '5 Fort Worth, TX United States X 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 � * USA BOGGS € Notary Public, Stale al Texas �t2 . My Commisslan Expires aK+• B6/2612019 Signature of raze agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworii io and subscribed before me, by the said 6uriman, this the kb. day of jalfekr ..0_ 20_ i to , to certify which, witness my hand and seal of office Y. L -+f r� i� i sci-}i pat c of officer a ministeri Printed name of ofliciistering oath Title ala administering oath Forms provided by Texas Ethics Commission www_ethicsstate_tx.us VPrsinn VIM 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 DAR 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 — 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 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: 2016-132264 Date Filed: 11/03/2016 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. C16270 Professional engineering design services for Rogerson Drive - McArdle Road to Sunnybrook Drive project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Hailey, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Coltharp, Brian 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. •RY.d�" LISA BOGGS . ,ice't Notary Public, State of Texas .. ' . My Commission Expires \"' .diVs 06/26/2019 Signature of au orize agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE , ,� 1n�� r� , 2 p l '� Swor to and subscribed before me, by the said V u r t�+V + this the J �L� day of 0 cumber 20, to certfy which. witness my hand and seal of office. ►..a � _ �. C_ /� ..d . fi'. L�� ' 'JQ natu e of officer administers ,P...4!h Printed name of officQr . .•roistering oath Title of o. •-r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 a Golf Center f. b Q. 46 5y`\6 EC Horne fid PRd Project Locations Ralston Ave Project #: E16271 Rogerson Dr Project #: E16270 Residential Street Reconstruction Program Test Project — Ralston Ave. and Rogerson Dr. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering Residential Street Reconstruction Program Test Project - Ralston Ave. and Rogerson Drive Council Presentation November 15, 2016 Project Location Corpus Chr sti Engineering • m .ozano Golf Center Hargan Av. Por Rd Ralston Avenue From S Staples to S Alameda vnearreai or _ Synnybro o,F �c"gr4ye Rogerson Drive From McArdle to Sunnybrook Vicinity Location Corpus Christi Engineering 3 Vicinity Location Corpus Chr sti Engineering Ralston Ave. c9 co 4 Project Scope Corpus Chr sti Engineering This "Test" project is to refine the construction alternatives for the Residential Street Reconstruction Program and obtain better pricing data. The scope includes: Ralston Avenue (Staples to Alameda) — anticipated full depth reconstruction with limited utility upgrades/adjustments. ✓ Complete removal and replacement of existing HMAC Pavement ✓ New curb & gutter, sidewalks, ADA ramps and signage/markings Rogerson Drive (McArdle to Sunnybrook) — anticipated full depth rehabilitation with limited utility upgrades/adjustments. ✓ Complete removal and replacement of existing HMAC Pavement ✓ New curb & gutter, sidewalks, ADA ramps and signage/markings Project Schedule Corpus Chr sti Engineering Project Construction Estimate: 400 Calendar Days = 14 Months Schedule reflects City Council construction award in June 2016 with completion planned by February 2018 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb TEST PROJECT Prelim Design Design Bid Construction Project Construction Estimate: 400 Calendar Days = 14 Months Schedule reflects City Council construction award in June 2016 with completion planned by February 2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of 11/15/2016 Action Item for the City Council Meeting of 12/13/2016 DATE: October 27, 2016 TO: Margie C. Rose, City Manager FROM: Steven Viera, Interim Director of Human Resources SteveV@cctexas.com (361) 826-3445 Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities. CAPTION: Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. PURPOSE: The purpose of this ordinance is to provide "Updated Service Credits" and "Increased Prior and Current Service Annuities" in TMRS. Updated Service Credit (USC) — Is a provision adopted by City ordinance that may increase the value of employee retirement benefits by accounting for increases in salary later in the employee's career. Annuity Increase, or Cost of Living Adjustment (COLA) — Is provided as an increase in annuities for retirees. COLAs are a plan enhancement to help retirees with increases in their cost of living after retirement. These provisions also adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with Corpus Christi Police Officer's Association (CCPOA), Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on September 30, 2019). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865 On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2012. On December 11, 2012, Council approved Ordinance 029692 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2013. On December 17, 2013, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2014. On December 16, 2014, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2015. On December 16, 2015, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2016. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. This is a five year contract which is effective from August 1, 2015 through September 30, 2019. OTHER CONSIDERATIONS: For calendar year 2017, the rate calculated by TMRS under the Ad Hoc provision is 11.28% however the City budgeted and was contributing 18.46% since January 2016 thru September 2016. In October 2016, the City increased its contribution to 19.46% to address the liability issue. The City will also increase this amount by 2% ever year to get back to an annual repeating contribution. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON -EMERGENCY: Non -emergency, Ordinance - Two readings (11/15/16, 12/13/16) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. Page 1 of 3 (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation of the System. Section 3. Effective Date Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2017. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 2 of 3 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 Jr. 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 , , by the following vote: Dan McQueen Ben Molina Rudy Garza Jr. Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Page 3 of 3 TEXAS MUNICIPAL RETIREMENT SYSTEM October 6, 2016 Via E -Mail Mr. Steve Viera Benefits Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Dear Steve: We are pleased to enclose an ordinance for your city to adopt: 100% Updated Service Credit 70% CPI Increase to Annuitants Ad Hoc (one time only basis) With the adoption of these additional benefits, your city's contribution rate beginning January 1, 2017 will be 11.28% and the phase in rate will be 11.04%. We would appreciate receiving a copy of this ordinance as soon as possible after its adoption. If you have any questions or need additional assistance, please contact me at 1-800- 924-8677. TMRS P.O. Box 149153 .AusT1N, TEXAS 78714-9153 Eric W. Davis Deputy Executive Director wwsv.TMRS.coM 512.476.7577 TOLL-FREE 800.924.8677 FAx 512.476.5576 Tex.; M. Ktr.Ai.RET1REMESTSYSTEM Plan Provisions Deposit Rate Matching Ratio Updated Service Credit Transfer USC ** Annuity Increase 20 Year/Any Age Ret. Vesting Contribution Rates Normal Cost Rate Prior Service Rate Retirement Rate Supplemental Death Rate Total Rate Unfunded Actuarial Liability Amortization Period Funded Ratio Phase -In Total Rate Plan Change Study 00302 Corpus Christi Proposed Plans GRID 2017 For Informational Purposes Only Effective Date - January 1, 2017 Report Date - October 5, 2016 Current 6.00% 2 to 1 0% No 0% Yes 5 years 2017 4.72% 6.00% 10.72% 0.00% (None) 10.72% $71,142,666 25 years 89.9% 10.48% 1 6.00% 2 to 1 100% .r ' No 70%✓ Yes 5 years 2017 4.72% 6.56% 11.28% 0.00% (None) 11.28% l/ $77,698,274 25 years 89.1% 11.04% **This is the addition to the Initial Prior Service Rate for USC for transfers. There were 60 eligible transfer employees on the valuation date. 1/1 Projection of Valuation Results - Pension Only 302, Corpus Christi Summary of Proposed Benefit Provisions Employee Contribution Rate 6.00% U5C 100%Ad Hoc without Transfer Employer Match Rate 2 - 1 COLA 70% Ad Hoc Vesting 5 years Retirement Efgibility Age 60with 5 years of service or 20 years of service Calendar Year Projection Results 2016 2017 2018 2019 2020 2021 2022 2023 Full Rate 9.98% 11.28% 11.33% 11.31% 11.28% 11.24% 11.19% 11.15% Estimated ContabutIon 12,249,549 14,163,621 14,553,610 14,862,062 15,163,561 15,457,314 15,742,491 16,047,000 Funded Ratio 89.1% 89.4% 89.9% 90,5% 91.1% 91.8% 92.5% 93.2% 8 Phase In Rate Ccntributed Full Rate 9.98% 11.28% 11.33% 11.32% 11.29% 11.25% 11,21% 11,16% Phase-nRate 998% 11.04% 11.33% 11.32% 11.29% 11.25% 11,21% 11,16% Estimated Contribution 12,249,549 13,862,267 14,553,610 14,875,202 15,177,003 15,471,066 15,770,627 16,061,392 Funded Ratio 89.1% 89.4% 89.9% 90.4% 91.1% 91.7% 92.4% 93.2% 14.00% 12.00% 10.00% 8.00% Projected Full Rates 2015 2017 2019 2021 Valuation as of December 31, 'Pay Full Rate Pay Phase -In Rate 2023 120% 110% 100% 90% 80% 70% Projected Funded Ratios 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Valuation as of December 31, —Pay Full Rate —Pay Phase -In Rate 10/5/2016 Gabriel, Roeder, Smith & Co. Projection of' Valuation Results - Pension Only 302, Corpus Christi Summary of Proposed Benefit Provisions Employee Contribution Rate 6.00% USC Yearly 100% Ad Hocs without Transfer Employer Match Rate 2 - 1 COLA Yearly 70% Ad Hocs Vesting 5 years Retirement Eligibility Age 60 with 5 years of service or 20 years of service CalendarYear Full Rate Estimated Contribution Funded Ratio Projection Results 2016 2017 2018 2019 2020 2021 2022 2023 9.98% 11.28% 12.46% 13.65% 14.83% 15.98% 17.11% 18.22% 12,249,549 14,163,621 16,010,769 17,937,875 19,934,304 21,974,525 24,072,732 26,215,598 89.1% 87.9% 86.8% 85.9% 85,2% 84.6% 84.2% 83.9% K Phase In Rate Contributed Full Rate 9.98% 11.28% 12.46% 13.67% 14.84% 15.99% 17.12% 18.24% Phase-in Rate 9.98% 11.04% 12.46% 13.67% 14,84% 15.99% 17.12% 18.24% Estimated Contribution 12,249,549 13,862,267 16,010,769 17,964,156 19,947,747 21,988,277 24,086,800 26,244,382 Funded Ratio 89.1% 87.9% 86.8% 85.9% 85.1% 84.6% 84.1% 83.9% 26.00% ; 24.00% 22.00% 20.00% -1 18.00% -i 16.00% 14.00% 12,00% 10.00% 8.00%' Projected Full Rates 2015 2017 2019 2021 Valuation as of December 31, -Pay Full Rate ®Pay Phase -In Rate 110% - 100% - 90% - 80% - 70% 60% Projected Funded Ratios 2023 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Valuation es of December 31, -Pay Full Rate -Pay Phase -In Rate 1015/2016 Gabriel, Roeder, Smith & Co, AGENDA MEMORANDUM Future Item for the Council Meeting of November 15, 2016 Action Item for the Council Meeting of December 13, 2016 DATE: TO: October 28, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Approval of lease agreement with 101 Shoreline Limited for Police/Municipal Court parking lot CAPTION: Motion authorizing the City Manager or designee to renew a five-year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Department and Municipal Court facilities, and approving monthly lease payments of $6,620 per month inclusive of the City's share of utilities, property taxes, mowing, and parking lot maintenance. PURPOSE: The current five-year lease expired on July 22, 2016 and needs to be renewed. The City Police Department and Municipal Court facility do not have sufficient on-site parking to meet the needs of the public and City employees. Only 140 of 262 parking spaces required by the Zoning Ordinance are available on site. Additional parking spaces had to be obtained offsite. The City has been leasing one hundred fifty (150) parking spaces since October 1990 at 221 S. Water Street. The City is presently on a month to month lease with the landowner, 101 Shoreline Limited BACKGROUND AND FINDINGS: The City purchased the vacated Central Power & Light Company (CP&L) building at 120 N. Chaparral on October 711h, 1988 and converted it to the present Police Department and Municipal Court Facility. This building had a total of 140 on-site parking spaces. As per the City's Zoning Ordinance, 262 parking spaces were required for this size building in the B-5 zoning. The parking spaces were required either on-site or within 300 feet of the facility. The Police Department determined their actual need to be greater than the 262 spaces. There are 150 parking spaces available, which meet the 300 foot criteria, located two blocks south of the Police Department as shown on the attached location map marked Exhibit A. The property, whose address is 221 South Water Street, is owned by 101 Shoreline Limited. The City has utilized and leased these 150 spaces since October 1990 under five consecutive five- year lease agreements. This parking location, which is well lighted and maintained, provides the necessary parking for the general public which access Municipal Court, for departmental employees, and for police vehicles parking off-site. Staff has looked for other comparative and alternative parking lots within the 300 feet radius, however none have are available. The lease is a triple net (NNN) lease which requires the City to pay a 60% share of the total monthly lot expenditure which includes landscape maintenance, any parking surface repairs, utilities (electricity, water, etc.), and property taxes in addition to the fixed rent. The new negotiated lease rate of $6,620 per month equates to $44.13 per space per month. Commercial parking lots in the downtown area are limited in number with costs ranging from $120 per month for covered parking to $25 per month for uncovered parking. The proposed lease has the number of parking spaces required, is in close proximity to the City's facility, and is well maintained and lighted. The lease will be adjusted annually according to the CPI. The prior lease expired on July 22, 2016 and has been under negotiation. City staff recommends renewal of this lease under these negotiated terms. 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 $79,440 $79,440 Encumbered / Expended Amount This item $79,440 $79,440 BALANCE 0 0 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends entering into the contract. LIST OF SUPPORTING DOCUMENTS: Exhibit A, Location Map Lease Agreement Corpus Christi Municipal Court PARKING SPACE LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this day of , 2016 by and between 101 SHORELINE LIMITED, a Texas limited partnership, hereinafter referred to as the "Lessor", and the CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation, hereinafter referred to as the "Lessee". WHEREAS, Lessor owns title to certain real property and improvements thereon, a parking lot with parking spaces, located on the property bounded by Kinney, Chaparral, Water, and Cooper's Alley Streets, Corpus Christi, Nueces County, Texas, legally described as Block 2, South Beach Addition, as shown on "Exhibit A", attached hereto and incorporated herein for all purposes; and WHEREAS, Lessee desires to lease one hundred fifty (150) parking spaces, as marked in Exhibit A, ("Leased Premises') for parking purposes; and WHEREAS Lessor and Lessee had previously entered into a lease agreement for a term of five (5) years which expires on the 22nd day of July, 2016, WHEREAS the Lessor and Lessee agree to renew the lease agreement for an additional term of five (5) years. NOW THEREFORE, in consideration of the mutual covenants in this agreement, the Lessor and Lessee hereby agree as follows: Section 1. TERM: The term of this Lease is for five (5) years, beginning on the date of City Council approval (commencement date). Section 2. RENT: The Lessee agrees to pay the Lessor the sum of $6,620 per month as rent, which shall be due and payable without demand or notice on or before the twenty-second (22nd) day of each month during the term of this Lease, beginning on the Commencement Date. Section 3. CPI RENTAL ADJUSTMENT: The monthly rental fee from the anniversary date of this lease to December 31st of such calendar year shall be as set forth in Section (2) Rent Provisions of this lease. Effective on the first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during the term of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon the Consumer Price Index (CPI). On the lst day of January of each year referenced above, the Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer Price Index has been discontinued) will be compared to the Index on the origination date of this lease and any 1 increase will be multiplied against the monthly rental fee set forth in Section (2) Rent Provisions, to determine the monthly rental rate for the next ensuing months (January through and including December). Section 4. DESCRIPTION OF PROPERTY: Lessor leases to Lessee that certain property owned by Lessor bounded by Kinney, Chaparral, Water, and Cooper's Alley Streets as described in exhibit A, for use as a parking lot. Section 5. USE: Except with the prior written consent of the Lessor, the Lessee shall use the Leased Premises as a parking lot only, and for no other purpose. Section 6. ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the Leased Premises without the written consent of the Lessor. Section 7. SURFACE MAINTENANCE: The Lessor agrees to keep the surface of the Leased Premises in good repair and maintenance during the term of this Lease. Notwithstanding the foregoing, the Lessor will be solely responsible for the costs of surface maintenance and repairs. Lessor agrees to notify the Lessee, at least ten (10) working days, prior to conducting the surface maintenance and repairs to the Leased Premises. Notice shall be sent to the Corpus Christi Police Department, Attention: Maintenance and Operations Manager at 321 John Sartain, P.Q. Box 9016, Corpus Christi, TX 78469. Section 8. MOWING AND GROUNDS MAINTENANCE: The Lessor agrees to mow and maintain the grounds for the Leased Premises. Section 9. UTILITIES: The Lessor agrees to provide the water, electric and lighting for the Leased Premises. Section 10. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural changes to the Premises without the prior written consent and approval of the Lessor. Any alterations, additions, or structural changes, if approved, shall remain a part of the Premises at the conclusion of the term of this Lease. Section 11. INSURANCE: The Lessor agrees to maintain adequate insurance to protect against any injuries or damages sustained by individuals while upon the Leased Premises for which the Lessor may be legally responsible for. Section 12. DEFAULT REMEDIES: The Lessee hereby agrees that if the Lessee defaults in the payment of rent or violates any other covenant of this Lease, then this Lease may be forfeited at the 2 Lessor's discretion if such default continues for a period of thirty (30) days after the Lessor notifies the Lessee in writing of any such default and the Lessor's intention to declare this Lease forfeited. Notice shall be sent to the Corpus Christi Police Department, Attention: Maintenance and Operations Manager at 321 John Sartain, P.O. Box 9016, Corpus Christi, TX 78469. Unless the Lessee has completely removed or cured the default within thirty (30) days of receiving such notice, this Lease shall cease and the Lessor shall be entitled to immediately re-enter and retake possession of the Premises. Section 13. TERMINATION: After year 1, either party may terminate this Lease by giving the other party six (6) months written notice. The Lessee agrees to surrender the Leased Premises upon the expiration or earlier termination of this Lease in good and properly repaired condition as existed on the Commencement Date of this Lease. Section 14. QUIET ENJOYMENT: As long as the Lessee performs all of the covenants and conditions of this Lease, the Lessee shall have peaceful and quiet enjoyment of the Leased Premises for the term of this Lease. Section 15, AUTHORIZATION: It is understood that this Lease is not binding on the Lessee until properly authorized by the City Council of the City of Corpus Christi, Texas and executed by the City Manager or designee. Section 16. FORCE MAJEURE: No party to this Agreement will be liable for failures and delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 17. AMENDMENTS: No changes or modifications to this Lease Agreement shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. This Lease Agreement supersedes all previous agreements between the parties. Section 18. NON APPROPRIATION: The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City to determine whether 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. 3 Section 19. CERTIFICATE OF INTERESTED PARTIES: Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts. Form 1295 must be electronically filed with the Texas Ethics Commission at https://wvvw.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. Section 20. CONFLICT OF INTEREST: Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index Section 21. ENTIRETY CLAUSE: This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. AN other agreements, promises, representations, and understandings, oral or otherwise, which reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party' s performance hereunder and relating to Lessees use of the Premises. Remainder of page intentionally left blank; signature page to follow. 4 EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. LESSEE CITY OF CORPUS CHRISTI Margie C. Rose City Manager ATTEST: Rebecca Huerta, City Secretary APPROVED AS TO LEGAL FORM: LESSOR: 141 ORELINE . `kTED Buck Brice Assistant City Attorney For City Attorney (Date) 101 GENPAR L.L.C.,General Partner Manager & Member "*EXHIBIT Jl Eh woe • J ESz -r = ThfQI urn a, }gar"* S ,.e 4. S 'ewcir ioar okir /4. 640,r Cry i 3 Qdj artz4-...40A-Ekr SCTt1G YJ, mtutu r+HnEnirz_. 6 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: 2016-130176 Date Filed: 10/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 101 Shoreline 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 Corpis 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. P D 100416 Parking Lot Lease 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. i" " Pym. REBECCA LYN GREENE '*e *-4—" MY COMMISSION EXPIRES PCD s January 28, 2017 - Signature of authorized agent of contracting business entity AFFIX Swor%/to NOTARY STAMP / SEAL ABOVE and subscribed before me, by the said / ( / , this the /�� � c c rn pill-- y day of � 20 / /4 , to certify which, witness my hand and seal of office. `` ,.�Z,I,e.Lr• \/A,---- SACCI' L ��2p 1 v-ki / 1 'Signature of o icer administering oath Printed name of officer administering oath // Titleo(jicer admi sFii tering oath Forms provided by Texas Ethics Commission www.eth ics.state.tx. us Version V1.0.277 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: October 28, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Approval to ratify grant application submission in the amount of $391,200 from the Department of Homeland Security, Assistance to Firefighters Grant Program. CAPTION: Resolution ratifying the submission of a grant application in the amount of $391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. PURPOSE: The purpose of the Assistance to Firefighters Grant (AFG) Program is to enhance the safety of the public and firefighters with respect to fire and fire -related hazards by providing direct financial assistance to eligible fire departments for critically needed resources to equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. Specifically this grant would fund (a) necessary water rescue training and (b) hardwired smoke, fire, and heat detectors in fire stations and engine rooms. BACKGROUND AND FINDINGS: The City of Corpus Christi has a fire station that is the 6th busiest fire stations in the United States. Despite the size of the city, the CCFD is fulfilling greater demands to keep the community safe. In order to maintain recognized standards and provide adequate and continuous training for firefighters, the CCFD is applying for $391,200 in grant funds which requires a 10% match. These funds will be utilized to enhance the safety of the public and firefighters with respect to fire and fire -related hazards, and assist in its mission to protect life, property, and the assets of the City from any emergency situation. Funds awarded from this grant would be utilized to (a) provide training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications (b) provide hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval needed to apply for the grant. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends approving the Resolution to ratify the submission of a grant application in the amount of $391,200 to the Assistance of Firefighters Grant Program LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Ratifying the submission of a grant application in the amount of $391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi to apply for Assistance to Firefighters Grant Program to enhance the safety of the public and firefighters with respect to fire and fire -related hazards by providing training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications and providing hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations; WHEREAS, the City of Corpus Christi shall agree to make available non-federal funds in an amount equal to and not less than 10 percent of the grant awarded; WHEREAS, failure to adhere to the award conditions will cause the City of Corpus Christi to be considered in default of the grant agreement, and may require the return of all federal funds disbursed under the grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies submission of a grant application in the amount of $391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: November 15, 2016 TO: Margie C. Rose, City Manager FROM: Edgar Leonard, Director of Facilites and Property Management Edgarl(c�cctexas.com (361) 826-1870 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361) 826-3176 Elevator Maintenance and Repairs CAPTION: Motion authorizing the City Manager, or designee, to approve a Service Agreement with Schindler Elevator Corporation, of Morristown, New Jersey, to perform maintenance and repairs to 17 elevators for an amount of $95,324.84. In addition to Contractor's repair cost, this motion also included a 10% contingency of $9,532.48 to address unforeseen conditions. The award is based on the cooperative purchasing agreement with the State of Texas Multiple Award Schedule (TxMas). PURPOSE: To approve a Service Agreement that will allow for repairs to elevators in City facilities addressing violations identified by a qualified elevator inspector (QEI) during the annual inspections required by the Texas Department of Licensing and Regulation (TDLR) and provide enhanced safety and operational equipment. BACKGROUND AND FINDINGS: TDLR requires annual inspections of elevators to ensure compliance with safety and operational requirements. The City of Corpus Christi currently maintains 34 elevator/escalator units that the TDLR mandates to be inspected annually. The 17 elevators identified for repairs are located at five properties: American Bank Center, Museum of Science and History, O.N. Stevens Water Treatment Plant, La Retama Library and City Hall. Each elevator and associated costs are shown below. The City currently has a maintenance service agreement with Schindler Elevators Corporation. However, these deficiencies fall outside of the agreed tasks and responsibilities stated in the current agreement. The identified deficiencies must be corrected in order receive certification to operate by State law. Failure to do so will result in repeat violations with correlating fines and penalties. LOCATION DECA L # TYPE INSTALL DATE TOTAL REPAIRS American Bank Center Convention Center 14376 Passenger 1977 $14,418.54 14374 Passenger 1978 $12,522.00 14375 Passenger 1977 $4,669.14 14373 Freight 1985 $1,311.17 86070 Freight 2014 $13,833.17 87848 Passenger 2014 $13,833.17 40913 Passenger 2003 $1,311.17 Arena 58393 Passenger 2004 $1,311.17 58394 Passenger 2004 $1,311.17 50081 Passenger 2004 $1,311.17 59406 Passenger 2004 $3,781.77 American Bank Center Total $69,613.64 Museum Science and History 14379 Passenger 1989 $1,444.00 14380 Freight 1989 $1,686.00 Museum Science and History Total $3,130.00 O.N. Stevens Water Treatment Plant 14739 Freight 1954 $13,263.00 O.N. Stevens Water Treatment Plant $13,263.00 La Retama (Central) Library 87821 Passenger 1984 $1,264.00 14365 Passenger 1984 $3,734.60 La Retama (Central) Library Total $4,998.60 City Hall 50079 Passenger 1985 $4,319.60 City Hall Total $4,319.60 Grand Total $95,324.84 ALTERNATIVES: N/A OTHER CONSIDERATIONS: No other product available. 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: Facilities and Property Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,706,126.44 $0.00 $1,706,126.44 Encumbered /Expended Amount $215,263.25 $0.00 $215,263.25 This item *$95,324.84 $0.00 $95,324.84 BALANCE $1,395,538.35 $0.00 $1,395,538.35 Fund(s): Hotel Occupancy, Visitor Facility, General fund, Water Fund, Central Library and Facilities & Property Management Comments: Funding for this service agreement has been approved in the FY2016-2017 Operation and Maintenance budget by various activities. *The above financial impact table does not include a 10% project contingency in the amount of $9,532.48 identified for unforeseen repairs, calculated as follows: $95,324.84 Total Cost of Repair $9,532.48 10% Contingency $104,857.32 RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet 3IFIRE FIGHTER KEY SW. KEYED SAME ISCHINDLER 1 3IFIRE FIGHTER KEY SW. KEYED SAME ISCHINDLER 1 3 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER Price Sheet SUMMARY OF QEI VIOLATIONS 2015 TxMas Contract # 14-03FAC060 BUILDING NAME DECAL ITEM DESCRIPTION RESPONSIBLE PROPOSAL PARTY STATUS AMOUNT BUILDING TOTALS AB CENTER Convention Center 14376 Convention Center 14374 Arena 58393 Arena 58394 Arena 50081 Arena 59406 Convention Center 14375 Convention Center 14373 Convention Center 86070 Convention Center 87848 Convention Center 40913 AB CENTER TOTAL 1 STOP SW. SHALL BE RED SCHINDLER 2 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 2 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER REPAIR EMERGENCY LIGHT 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 1 ELEVATOR SHALL HAVE EMERGENCY ALARM SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 5 21" TOE GUARD REQUIRED SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER REPAIR EMERGENCY LIGHT 3 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER OPEN $ 585.37 OPEN $12,522.00 OPEN $ 1,311.17 OPEN $12,522.00 OPEN OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 2,470.60 OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 3,357.97 OPEN $ 1,311.17 OPEN OPEN $12,522.00 OPEN $ 1,311.17 OPEN $12,522.00 OPEN $ 1,311.17 OPEN OPEN $ 1,311.17 NO CHARGE IF LIGHT BULB OR BATTERY NO CHARGE IF LIGHT BULB OR BATTERY $ 69,613.64 (SCHINDLER 1 MUSEUM TOTAL MUSEUM STEVENS WATER TREATMENT SIEVENS WAIER TREATMENT TOTAL CENTRAL LIBRARY CEN I RAL LIBRARY TOTALS CITY HALL CITY HALL TOTALS 14379 4INEEDS WORKING LIGHT IN PIT OPEN $ 1,444.00 14380 1 4INEEDS WORKING LIGHT IN PIT (SCHINDLER (OPEN $ 1,686.00 14739 87821 14365 50079 1 PROPER SIGNAGE IN ELEVATOR SCHINDLER 3 RUSTED HOIST ROPES TO BE REPLACED AND ELEVATOR CONVERTED TO MATERIAL LIFT 4 SCHINDLER 5 MACHINE ROOM DOOR SELF CLOSING AND LOCKING SCHINDLER 1 SUMP HOLES NEED COVERS SCHINDLER 1 SUMP HOLES NEED COVERS SCHINDLER 2 INSTALL EMERGENCY LIGHT SCHINDLER 3 INSTALL EMERGENCY ALARM SCHINDLER 1 INSTALL EMERGENCY LIGHT IN CAR SCHINDLER 4 MR LIGHTING NOT TO BE AUTOMATIC SCHINDLER INSTALL NEW PIT LADDER SCHINDLER OPEN $ 150.00 OPEN $12,089.00 OPEN $ 1,024.00 OPEN $ 1,264.00 OPEN $ 1,264.00 OPEN $ 2,470.60 OPEN OPEN $ 2,470.60 OPEN $ 524.00 OPEN $ 1,325.00 $ 3,130.00 $ 13,263.00 $ $ 4,998.60 4,319.60 TOTAL OF REMAINING QEI VIOLATION ITEMS $ 95,324.84 SERVICE AGREEMENT NO. 39996 Elevator Maintenance and Repairs THIS Elevator Maintenance and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Schindler Elevator Corporation. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide elevator maintenance and repairs in response to Request for Bid/Proposal No. n/a ("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 elevator maintenance and repairs ("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 six 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 zero additional zero -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 $95,324.84, 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: Name: Paul Chapman Department: Facilities and Property Management Phone: 361-826-1984 Email: PaulC@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 COI 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 COI 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: Paul Chapman Title: Work Coordinator Address: 5352 Ayers St. Bldg 3A, Corpus Christi, Texas 78415 Fax: 361-826-1989 IF TO CONTRACTOR: Schindler Elevator Corporation Attn: Dave Flint Title : Sales Representative Address: 5559 Bear Ln., Ste. 310, Corpus Christi, Texas 78405 Fax: 210-490-1338 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 supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 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 CONTRACTO Signature: Printed Name: PA SNNtAburni... Title: DV% Date: %% \‘‘‘‘IP CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment 13: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. n/a 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 Scope of Work: This project includes performing maintenance and repairs to 17 elevators located in five properties: American Bank Center, Museum of Science and History, O.N. Stevens Water Treatment Plant, La Retama Library and City Hall. Maintenance and repairs have been identified by a qualified elevator inspector during an annual inspection required by the Texas Department of Licensing and Regulation. Each elevator and associated cost are attached. All related work should be coordinated with Facilities and Property Management, and the elevator contractor. Each elevator and associated costs are shown on page 2. Page 1 of 2 LOCATION DECAL # TYPE INSTALL DATE TOTAL REPAIRS American Bank Center Convention Center 14376 Passenger 1977 $14,418.54 14374 Passenger 1978 $12,522.00 14375 Passenger 1977 $4,669.14 14373 Freight 1985 $1,311.17 86070 Freight 2014 $13,833.17 87848 Passenger 2014 $13,833.17 40913 Passenger 2003 $1,311.17 Arena 58393 Passenger 2004 $1,311.17 58394 Passenger 2004 $1,311.17 50081 Passenger 2004 $1,311.17 59406 Passenger 2004 $3,781.77 American Bank Center Total $69,613.64 Museum Science and History 14379 Passenger 1989 $1,444.00 14380 Freight 1989 $1,686.00 Museum Science and History Total $3,130.00 O.N. Stevens Water Treatment Plant 14739 Freight 1954 $13,263.00 O.N. Stevens Water Treatment Plant $13,263.00 La Retama Library 87821 Passenger 1984 $1,264.00 14365 Passenger 1984 $3,734.60 La Retama Library Total $4,998.60 City Hall 50079 Passenger 1985 $4,319.60 City Hall Total $4,319.60 Grand Total $95,324.84 Page 2 of 2 3IFIRE FIGHTER KEY SW. KEYED SAME ISCHINDLER 1 3IFIRE FIGHTER KEY SW. KEYED SAME ISCHINDLER 1 3 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER Attachment B - Price Sheet SUMMARY OF QEI VIOLATIONS 2015 TxMas Contract # 14-03FAC060 Page 1 BUILDING NAME DECAL ITEM DESCRIPTION RESPONSIBLE PROPOSAL PARTY STATUS AMOUNT BUILDING TOTALS AB CENTER Convention Center 14376 Convention Center 14374 Arena 58393 Arena 58394 Arena 50081 Arena 59406 Convention Center 14375 Convention Center 14373 Convention Center 86070 Convention Center 87848 Convention Center 40913 AB CENTER TOTAL 1 STOP SW. SHALL BE RED SCHINDLER 2 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 2 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER REPAIR EMERGENCY LIGHT 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 1 ELEVATOR SHALL HAVE EMERGENCY ALARM SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 5 21" TOE GUARD REQUIRED SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER REPAIR EMERGENCY LIGHT 3 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER OPEN $ 585.37 OPEN $12,522.00 OPEN $ 1,311.17 OPEN $12,522.00 OPEN OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 2,470.60 OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 3,357.97 OPEN $ 1,311.17 OPEN OPEN $12,522.00 OPEN $ 1,311.17 OPEN $12,522.00 OPEN $ 1,311.17 OPEN OPEN $ 1,311.17 NO CHARGE IF LIGHT BULB OR BATTERY NO CHARGE IF LIGHT BULB OR BATTERY $ 69,613.64 (SCHINDLER 1 MUSEUM TOTAL MUSEUM STEVENS WATER TREATMENT SIEVENS WAIER TREATMENT TOTAL CENTRAL LIBRARY CEN 1 RAL LIBRARY TOTALS CITY HALL CITY HALL TOTALS 14379 4INEEDS WORKING LIGHT IN PIT OPEN $ 1,444.00 14380 1 4INEEDS WORKING LIGHT IN PIT (SCHINDLER (OPEN $ 1,686.00 14739 87821 14365 50079 1 PROPER SIGNAGE IN ELEVATOR SCHINDLER 3 RUSTED HOIST ROPES TO BE REPLACED AND ELEVATOR CONVERTED TO MATERIAL LIFT 4 SCHINDLER 5 MACHINE ROOM DOOR SELF CLOSING AND LOCKING SCHINDLER 1 SUMP HOLES NEED COVERS SCHINDLER 1 SUMP HOLES NEED COVERS SCHINDLER 2 INSTALL EMERGENCY LIGHT SCHINDLER 3 INSTALL EMERGENCY ALARM SCHINDLER 1 INSTALL EMERGENCY LIGHT IN CAR SCHINDLER 4 MR LIGHTING NOT TO BE AUTOMATIC SCHINDLER INSTALL NEW PIT LADDER SCHINDLER OPEN $ 150.00 OPEN $12,089.00 OPEN $ 1,024.00 OPEN $ 1,264.00 OPEN $ 1,264.00 OPEN $ 2,470.60 OPEN OPEN $ 2,470.60 OPEN $ 524.00 OPEN $ 1,325.00 Page 2 $ 3,130.00 $ 13,263.00 $ 4,998.60 $ 4,319.60 TOTAL OF REMAINING QEI VIOLATION ITEMS $ 95,324.84 ATTACHMENT C -INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Facility and Property Management Elevator Maintenance 9/26/2016 my Risk Management ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS The warranty under this agrement is a 90 day warranty on parts and labor. 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: 2016-112298 Date Filed: 09/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. schindler elevator corp san antonio, 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. 39996 Elevator Services provide elevator Generator 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. 13 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. AVTIN KENDRA WALL IA MY COMMISSION EXPIRES 'km ' July7, 2019 c AFFIX Sworn 3. NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said ignature of a orized agent of contracting business entity itLy , this the 1 day of 20 1 1.0 , to certify which, witness my hand and seal o office. yr( li Signature of officer administering oath Printed name of officer administering oath Title of officer inistering 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 November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: TO: October 28, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineerinq Construction Contract Sharpsburg Lift Station Upgrade & Up River Road Force Main Rehabilitation (Capital Improvement Project) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, Ltd. of Boerne, Texas in the amount of $3,042,665 for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. CIP Description: Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation The Sharpsburg Lift Station presently experiences near overflow conditions in extreme wet weather conditions. Recent improvements to the Wood River Lift Station and force main system, which flows into the Sharpsburg Lift Station, may exacerbate local peak flow loadings. Existing pump capacity is inadequate to handle peak flows and anticipated 20 -year area development contributions. Proposed improvements include four 70 horsepower capacity pumps, associates piping, odor control, instrumentation and controls, a standby emergency generator and site and security improvements. Future ultimate capacity improvements will include a 36 -inch force main, a 54 -inch gravity and expanded Lift Station wet well. BACKGROUND AND FINDINGS: This project provides for critical upgrades to the Sharpsburg Lift Station to increase capacity for current and future demands in addition to equipment upgrades for better maintenance for improved reliability with reduced maintenance cost. The Sharpsburg Lift Station and Force Main System were constructed in 1989. The overall service area encompasses approximately 16,400 acres. A summary of the improvement include the following: • Replacement of existing three submersible pumps with four new pumps and controls • New odor control system • New control building • New parallel six-inch polyvinyl chloride (PVC) force main to the Upriver lift station • Improvements of supervisory control and data acquisition (SCADA) system • Miscellaneous site improvements On October 12, 2016, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR TOTAL BASE BID Associated Construction Partners, Ltd. Boerne, TX $3,042,665 J.S. Haren Company Athens, TN $3,545,000 CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, TX Non-responsive bid submittal Engineer's Opinion of Probable Construction Cost $3,170,350 The City's consultant, LJA Engineering, Inc., analyzed the three proposals and recommended the project be awarded to Associated Construction Partners, Ltd. Based on a review of Associated Construction Partners' experience and resources, Associated Construction Partners is qualified to provide the construction services for the project. LJA Engineering, Inc. and the City determined that CPC Interests, LLC dba Clark Pipeline Services did not meet the minimum qualification requirements set forth in the contract documents and therefore was considered a non-responsive bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 4,517,200 200,000 4,717,200 Encumbered / Expended Amount 632,500 632,500 This Item 3,042,665 3,042,665 Future Anticipated Expenditures This Project 520,051 520,051 BALANCE 3,884,700 (3,362,716) 521,984 Fund(s): Wastewater CIP #11 Comments: This project requires approximately 400 days for construction with anticipated completion February 2018. The construction contract will result in the expenditure of an amount not to exceed $3,042,665. RECOMMENDATION: City Staff recommends approval of a construction contract with Associated Construction Partners, Ltd. of Boerne, Texas in the amount of $3,042,665 for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET SHARPSBURG LIFT STATION UPGRADE & UP RIVER ROAD FORCE MAIN REHABILITATION FUNDS AVAILABLE: Wastewater CIP $4,717,200 FUNDS REQUIRED: Construction: Construction (Associated Construction Partners) THIS ITEM 3,042,665 Construction Contingency (10%) 304,267 Construction Observation & Testing: Construction Observation Estimate (TBD) 170,000 Construction Materials Testing (Rock Engineering) 29,507 Engineer: Engineer (LJA Engineering, Inc.) 402,918 Original 48,785 *Amendment No. 1 226,780 Amendment No. 2 19,375 Amendment No. 3 6,255 Amendment No. 4 30,811 Amendment No. 5 23,110 Amendment No. 6 0 Amendment No. 7 47,802 Reimbursements: Total Reimbursements 245,860 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 94,344 Engineering Services (Project Mgmt/Constr Mgmt) 141,516 Misc 10,000 TOTAL $4,195,217 PROJECT BUDGET BALANCE $521,984 *Amendment No. 1 approved by City Council on March 31, 2009 by Motion No. M2009-075 6� moo's, as 11889 North San Pedro ,J,f Ave J E Ave J � 9IA Rc5b5raWnarya,^`+"ere ❑n Robstown 75 NorthWeEt Bl -pd r) Walmart Supercenter Project Location i#1i Vb et FM -44 Flint Hills Resources • EP Pa aoanvi J h Sedwlck Fd V Sharpsburg Lift Station Upgrade & Up River Rd Force Main Rehabilitation (7389) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES WV' 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 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-130651 Date Filed: 10131/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Associated Construction Partners Ltd boerne, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the farm 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. 7389-Sharpsburg Lift Station Sharpsburg Lift Station and Up River Road Force Main Rehabilitation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Simpson, Jill Boerne, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirrn7 er penalty of p ury, that the above disclosure is true and correct. :' t RENEE RIEBER • ' Notary Aublic STATE :.If TEXAS r My Comm. Exp. March 19, 20191 Signature ni' titJ tf ized en t ei contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE i Sworn to and subscribed before me, by the said III \ gt ■ -'L7 this the i day of �— 20, to Certify which, witness my hand and seal a ce. If si 1 ure of officer administering oath Pri ted name of tficer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1,0.277 Carpus Chr sti Engineering Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation Council Presentation November 15, 2016 Project Location Corpus Chr'sti Engineering a m • ® e Waimel Supe/center lex&ean Peho Rob 5lcum 411, EOM Sharpsburg Lift Station EP �y3T Flint Hill, ae9ource9 • EVA 2 Vicinity Map Corpus Chr sti Engineering 3 Project Scope Corpus Chr sti Engineering This project provides for critical upgrades to the Sharpsburg Lift Station to increase capacity for current and future demands in addition to equipment upgrades for better maintenance for improved reliability with reduced maintenance cost. • Replacement of existing three submersible pumps with four new pumps and controls • New odor control system • New control building • New parallel six-inch PVC force main to the Upriver lift station • Improvements of SCADA system • Miscellaneous site improvements Project Schedule Carpus Chr sti Engineering 2016 2017 2018 OCT NOV DEC Bid & Award JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB Construction Project Construction Estimate: 400 Calendar Days = 14 Months Schedule reflects City Council construction award in December 2016 with completion planned by February 2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: October 25, 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 2014 Highway Safety Improvement Program Advance Funding Agreement Bond 2014, Proposition 2 CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's local participation in the amount of $779,877.60 from the Bond 2012 and Bond 2014 programs. PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program grant for the City's 10% share of this project. BACKGROUND AND FINDINGS: In 2014, the City applied for and received a $5.7 million grant from Texas Department of Transportation's (TxDOT) Highway Safety Improvement Program (HSIP). The HSIP provides grant funding for highway safety projects that eliminate or reduce the number and severity of traffic crashes. HSIP funding is for construction costs only with a 90/10 participation by State/Local Governments respectively. The Local Government is responsible for all other costs such as design, right of way, permitting and TxDOT administrative fees. The City participation is being funded from the voter approved Bond 2014 Proposition 2 — TXDOT Participation. To achieve maximum impact, City staff evaluated locations for coordination with Bond 12 and 14 street projects. The grant requires that the project be advertised and awarded by TxDOT. An AFA is required to provide the construction costs and other direct State costs, detailed in the budget page of the AFA to TxDOT. The design for this project was completed under a large contract by Maldonado -Burkett ITS (MBITS) that was awarded by Council in March of 2016. The design includes eleven (11) locations that meet all requirements of the HSIP within the City's available resources and to receive the grant match. The upgrades in the HSIP project include replacement of signal and pedestrian heads, pedestrian poles, electrical wiring, ground boxes, detections systems, and controller cabinets necessary to improve functionality and safety for public transportation. The following is a summary of the locations: 1. Agnes Street Corridor from McBride to 19th St (4 new & 2 upgrades) 2. Alameda Street Corridor from Glazebrook to Texan Trail (2 upgrades) 3. Ayers Street Corridor from McArdle to Port (1 new & 2 upgrades) 4. Baldwin Blvd. Corridor from Airport to Crosstown (4 upgrades) 5. Doddridge Street Corridor from Alameda to Ocean (3 upgrades) 6. Greenwood Drive Corridor from South Padres Island Drive to Gollihar (4 upgrades) 7. Kostoryz Road Corridor from McArdle to Norton (6 upgrades) 8. Port Ave. Corridor from Tarlton to Ruth (1 new & 3 upgrades) 9. Staples Street Corridor from Mustang to Carmel Parkway (5 upgrades) 10. Weber Road Corridor from McArdle to Gollihar (2 upgrades) 11. Ocean Drive Corridor from Peoples Street to Louisiana (5 upgrades) 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: None FINANCIAL IMPACT: Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $1,587,753.79 $1,587,753.79 TxDOT Projected Participation Total Budget Encumbered / Expended Amount $781,583.94 $781,583.94 This item (TxDOT) $779,877.60 $779,877.60 Future Anticipated Expenditures This Project $26,292.25 $26,292.25 BALANCE $0 $0 Fund(s): Street CIP 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 2014 Highway Safety Improvements Program FUNDS AVAILABLE: Street CIP (Bond 2014 Proposition 2) $1,587,753.79 FUNDS REQUIRED: Engineering Contracts: Total Engineering Contracts 781,583.94 Preliminary Design (Maldonado -Burkett ITS, LLP) 37,063.57 Detailed Design, Bid/Construction Services (Maldonado -Burkett ITS, LLP) 744,520.37 Advance Funding Agreement - Local Match (TXDOT) 779,877.60 Reimbursements: Total Reimbursements 26,292.25 Administration/Finance (Engineering/Capital Budget/Finance) 11,146.00 Engineering Services (Project Mgmt) 14,646.25 Miscellaneous 500.00 TOTAL $1,587,753.79 ESTIMATED PROJECT BUDGET BALANCE $0.00 Nuec2 Bay • Project Locations r •ii •2 • 5 3 � •9 • 10 Si% LOCATION MAP NOT TO SCALE Project Number: E15205 Highway Safety Improvement Plan CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's local participation in the amount of $779,877.60 from the Bond 2012 and Bond 2014 programs. 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 (AFA) with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's participation in the amount of $779,877.60 from the Bond 2012 and Bond 2014 programs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn STATE OF TEXAS COUNTY OF TRAVIS CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Highway Safety Improvements Program Project Off System THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. AFA-LPAFA ShortGen.doc Page 1 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as the improvement and interconnection of existing traffic signals at multiple locations within the City of Corpus Christi. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. AFA-LPAFAShortGen.doc Page 2 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. AFA-LPAFA ShortGen.doc Page 3 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development D. The Local Government is responsible for all non-federal and non -state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. G. 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 replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any 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. AFA-LPAFA ShortGen.doc Page 4 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. 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. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the 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 the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this AFA-LPAFA ShortGen.doc Page 5 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they AFA-LPAFA ShortGen.doc Page 6 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. 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 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of 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. D. 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 facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the 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. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the 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 AFA-LPAFA ShortGen.doc Page 7 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development 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. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this 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 the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. AFA-LPAFA ShortGen.doc Page 8 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.apo.qov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sinaleaudits@txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY ." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise AFA-LPAFA ShortGen.doc Page 9 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. 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. B. 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). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. 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. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. 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). G. 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). H. 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. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. 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. AFA-LPAFA ShortGen.doc Page 10 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development K. 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). L. 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 ShortGen.doc Page 11 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA ShortGen.doc Page 12 of 12 Revised 10/18/2016 AFA-LPAFA ShortGen.doc CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Page 1 of 1 Attachment A CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP INDEX OF `.:HEETS SEE iHEET S STATE OF TEXAS DEPARTMENT OF TRANSPORTATION M PLANS OF PROPOSED STATE HIGHWAY IMPROVEMENT FEDERAL AID 'ROJECTI (CS) AG N ES ST, ETC. NUECES COUNTY NET TH CE PROJECT - LES UNITS. CD AGNES ST. + Nr--RfIDE LN., NAVIGATION BLVD., BALM., BLVD., AIRPORT RG., POR! AVE., 19tH ST. LOU 0915-3$-193. AL Q TEXAN AYERS ST. 0 MG.]. RD.. GOLLIHARRO. 3 PORT 1 AVE. CCSJ041E-55-1353 ® BALDWIN BLVD. 9 AIRPORT RD., MORGAN AVE., GREENMOOD OR., PORT kVE., SH 285 CDSJ 0916-35-1861 0 DOCORIDCE ST. a ALAMEDA ST., SANTA FE ST., OCEAN OR. CSJ 0915-35-1 B71 O AOSTORrl RD. s ktARDLE RD., &,JMrSPOINT ,HS eRDCAROGOLLIHAR RD.HORNE RD., WARNER PAW, NORTON ST. ILSJ 08IS-39-1891 PORT AVE. • RUTH T. RIONGAN AVE., BALMS BLVD., TARLTON ST. 1CSJ 11916-7$-1901 ST ERHART PD.. GOL L[HAR RD., DARNEL PART 1CSJ U915-55-191. ® RESER RD. • MCAROLE RD., GOLLIHAR RD. [CSJ 0916-75--I92f ® OCEAN co. • PEOPLES ST., LAMBENCE ST-, COOPERS ALLEY, PARK AVE., BUFORD ST. ICS., IBIS -GS -1071 FOR THE CONSTRUCTION OF. TRAFFIC SIGNAL INSTALLATIONIURCRADE CORPUS CHDI`-.TI, TX POP: 370,434 PFSIGN S`'FFB = 818 N/A ,ogiote,ec AceeoG ibility Spc ic1Ot IFAS'. I-ispect ion Required T_LP no. EABPRJ PCIE Of LETT Pr DAIL NC. DEG 4 FINAL 3 L ANS DrIE WEAK COWLETE, .'E TED EN EPTICHS• RAILROAD CfM1,55.651 NM.; urn. 5.1THER• CITY of CORPUS CHRISTI TEXAS TOpAR,,,,mas AgRSdM,x AM _,n yz.fnms a,Po.rmm:r a• rris:,,er.,r9 s.,c,,., LETTPICI 1 ED urluARIPL'L 17 x Tx[ FM1.1L As-WxLT xM IS TIE ourxwirr OF T 15 MT 110 BE USES FOR LEITAC. 21,110, AFA-LPAFA_ShortGen.doc Page 1 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "A" LEGEND • SIGNAL L- =a -GE NSF TEX, - N,:ECE ` A,:ETC ES.,. AFA-LPAFA ShortGen.doc Page 2 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "B" LEGEND • SIGNAL UPGRADE N E, E T. AFA-LPAFA ShortGen.doc Page 3 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "B" FrOk TEx._ u�.5 L HGE\D • SICAAL LPG�ADE SHEET 183. ETC NJEiME'E3 CS ETC AFA-LPAFA ShortGen.doc Page 4 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "C" LEGEND • SIC\AL LPSPADE ,raTE ars, TExAi - NJECES 0,7„EfC ..� AFA-LPAFA ShortGen.doc Page 5 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "D" LEGEND II SIGNAL UPGRADE 163, EC: AFA-LPAFA ShortGen.doc Page 6 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on applicable Federal funding and a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Description Total Estimated Cost Federal Participation State Participation Local Participation Cost Cost Cost Engineering (by Local Government) $280,000.00 $0 $0 $280,000.00 Construction (State) 0916-35-183 $910,013.00 $819,011.70 $0 $91,001.30 Construction (State) 0916-35-184 $278,591.00 $250,731.90 $0 $27,859.10 Construction (State) 0916-35-185 $396,203.00 $356,582.70 $0 $39,620.30 Construction (State) 0916-35-186 $371,453.00 $334,307.70 $0 $37,145.30 Construction (State) 0916-35-187 $185,727.00 $167,154.30 $0 $18,572.70 Construction (State) 0916-35-188 $371,454.00 $334,308.60 $0 $37,145.40 Construction (State) 0916-35-189 $464,318.00 $417,886.20 $0 $46,431.80 Construction (State) 0916-35-190 $396,203.00 $356,582.70 $0 $39,620.30 Construction (State) 0916-35-191 $557,181.00 $501,462.90 $0 $55,718.10 Construction (State) 0916-35-192 $185,727.00 $167,154.30 $0 $18,572.70 AFA-LPAFA ShortGen.doc Page 1 of 2 Attachment C CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development Construction (State) 0916-35-193 $386,311.00 $347,679.90 $0 $38,631.10 Construction (State) 0916-35-194 $356,595.00 $320,935.50 $0 $35,659.50 Subtotal $5,139,776.00 $4,373,798.40 $765,977.60 Environmental Direct State Costs $1,120.00 $0 $0 $1,120.00 Right of Way Direct State Costs $1,120.00 $0 $0 $1,120.00 Engineering Direct State Costs $2,240.00 $0 $0 $2,240.00 Utility Direct State Costs $1,120.00 $0 $0 $1,120.00 Construction Direct State Costs $83,000.00 $74,700.00 $0 $8,300.00 Indirect State Costs $252,380.00 $0 $252,380.00 $0 TOTAL $5,480,756.00 $4,448,498.40 $252,380.00 $779,877.60 Initia payment by the Local Government to the State: $5,600.00 Payment by the Local Government to the State before construction: $774,277.60 Estimated total payment by the Local Government to the State $779,877.60 is an estimate. The total amount of Local Government participation shall not exceed the amount appearing above. AFA-LPAFA ShortGen.doc Page 2 of 2 Attachment C Corpus Chr sti Engineering Highway Safety Improvements Project (HSIP) Council Presentation November 15, 2016 Highway Safety Improvements Project (HSIP) Locations Carpus Chr sti Engineering •,....INN ERSTATE 37 The 11 Corridors are as follows: N 1. Agnes - McBride to 19th St (4 new & 2 upgrades) 2. Alameda - Glazebrook to Texan Trail (2 upgrades) 3. Ayers - McArdle to Port (1 new & 2 upgrades) Corpus cnn 5Y 4. Baldwin - Airport to Crosstown (4 upgrades) • 11 5. Doddridge - Alameda to Ocean (3 upgrades) 6. Greenwood - SPID to Gollihar (4 upgrades) 7. Kostoryz - McArdle to Norton (6 upgrades) • 2 8. Port Ave - Tarlton to Ruth (1 new & 3 upgrades) 6• • 5 9. Staples - Mustang to Carmel Pkwy (5 upgrades) • 3 ••9 10. Weber - McArdle to Gollihar (2 upgrades) 11. Ocean - Peoples St to Louisiana (5 upgrades) • Ao X10 co co �o (. • Project Locations 2 Project Scope Corpus Chr sti Engineering This Advanced Funding Agreement provides for the City's local match and requirements for the TxDOT Highway Safety Improvement Program (HSIP). The City received a $5.7 Million grant in 2014 HSIP projects specifically target public transportation safety Grant provides a 90/10 participation by State/City (construction only) City is responsible for design, land acquisition, construction admin, etc. TxDOT advertises and awards the project The 11 locations are coordinated with other City Bond programmed street improvement projects 3 Project Schedule Corpus Chrsti Engineering 2016 2017 F MIA MJJA SIO Design= NIDIJIFIMIAIMIJIJIAISIOINID Bid Construction* *Construction time is estimated; construction and award managed by TXDOT. Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: TO: October 27, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Enqineerinq Construction Contract Choke Canyon Dam Sluice Gate Stem Repairs CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Huffman Contractors, LLC of Nederland, Texas in the amount of $189,999 for the Choke Canyon Dam Sluice Gate Stem Repairs for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Choke Canyon Dam Sluice Gate Stem Repairs project. BACKGROUND AND FINDINGS: Choke Canyon Dam was constructed in the 1980's to include an outlet tower and four sluice gates to allow release of water from the dam. The outlet tower is the low flow outlet used for the release of downstream water supply and pass-thru water for in -stream and freshwater inflows under the agreed order with the Texas Commission on Environmental Quality (TCEQ). Sluice Gate No. 1 is for the upper elevation and Sluice Gate No. 4 at the lower depths. These gates and operable equipment are original equipment. The equipment is now obsolete and the original manufacturer is defunct. This requires custom fabrications of parts and equipment with excessive lead times and cost. This project provides for developing replacement parts with continued support and repairs to Sluice Gate No. 3 and No. 4. Sluice Gate No. 3 became inoperable in 2011 as a result of damage from a flood event. Both sluice gates are raised and lowered by controls in the outlet tower through a motor actuated stem. The damage bent the stems preventing operation of the gates. The damage to Sluice Gate No. 4 was discovered near the surface that includes deterioration/damage to the stem and hangers that anchor the stem to the dam. These stems and hangers must be custom machined (fabricated) to match the original design. To ensure accurate replacement, the City staff contracted a dive company to remove the damaged parts so identical parts could be machined and installed. This process allows future replacement of other stems and hangers. The fabrication and installation includes new sluice gate stems, couplings, keys, and hangers for Sluice Gate No. 3 and No. 4. Restoration of gate operations and demonstration through acceptance testing are part of the project requirements. On September 28, 2016, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR BASE BID (INCLUDES ALLOWANCE) * Huffman Contractors, LLC Nederland, Texas $189,999 AIITech Engineering Corp. Mendota Heights, MN $229,365 Blastco Texas, Inc. Houston, Texas $240,500 Engineer's Opinion of Probable Construction Cost $211,200 *Includes an allowance of $50,000 for all bidders for unanticipated repairs. The City's consultant, Freese and Nichols, Inc. (FNI), conducted a bid analysis of the three (3) proposals submitted to the City. Based on the information submitted in accordance with the contract documents, Huffman Contractors, LLC of Nederland, Texas, was determined to be the lowest responsive and responsible bidder with the sufficient experience and resources. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) $275,000 $275,000 Encumbered / Expended Amount 40,096 40,096 This Item 189,999 189,999 Future Anticipated Expenditures This Project 43,437 43,437 BALANCE $1,468 $1,468 Fund(s): Water CIP Comments: This project requires approximately 150 calendar days for construction with anticipated completion May 2017. The construction contract will result in the expenditure of an amount not to exceed $189,999. RECOMMENDATION: City Staff and the design engineer recommend approval of a construction contract with Huffman Contractors, LLC of Nederland, Texas in the amount of $189,999 for the Choke Canyon Dam Sluice Gate Stem Repairs for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET CHOKE CANYON DAM SLUICE GATE STEM REPAIRS FUNDS AVAILABLE: Choke Canyon Trust Fund $275,000 FUNDS REQUIRED: Construction: Construction (Huffman Contractors, LLC) THIS ITEM 189,999 Construction Contingency (10%) 19,000 Engineer: Engineer (Freese and Nichols, Inc.) 40,096 Reimbursements: Total Reimbursements. 24,438 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 4,813 Engineering Services (Project Mgmt/Constr Mgmt) 9,625 Misc 10,000 TOTAL $273,532 PROJECT BUDGET BALANCE $1,468 Charlotte Hinder ZeIIa anieles Fowlerton .Jourdanton Christine F,ashing Peq y Choke Canyon Reservoir TiIr Tx Hwy 72 7 Rivers ,--- Dames Citel5 Pawnee N "El) Tul eta Nomrianr7e -�r Beev i l I ' Seven Sisters Project Location Ma Orame Grove Corpus Christi Freer 2E3 2E° San Diego LOCATION MAP NOT TO SCALE Ben,..,�._ Iia :,;Project Number: E16237 Choke Canyon Dam Sluice Gate Stem Repairs 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: 2016-126211 Date Filed: 10/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Huffman Contractors, LLC Nederland, 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. E16237 Choke Canyon Sluice Gate stem Repairs 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT et AMANDA KAY JOHNSON 9 �My Commission Expires ,4 '� January 4, 2017 ,*. I swear. or affirm, under penalty of perjury, that the above disclosure is true and correct. -^ ig ture of authorized agent of contracting business entity �] „Sk.)'"\AV- , this thee— 11 fi`' day of J / — r r AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the 20 ) LQ , to certify which, witness my hand said NGV\NA, and seal of office. N\f` x•cCSv SJv-N - t-U,(Li fit- %.X GS hN Signatu - .f 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 ersion v1.u. Corpus Chr sti Engineering Choke Canyon Dam Sluice Gate Stem Repairs Council Presentation November 15, 2016 Project Location Corpus Chr sti Engineering Choke Canyon Reservoir Tx Hwy 72 rre firers Seven Sisters Cr: Freer Pawnee Choke Canyon Dam LS San Die -cry Alice Tuleta Narmanna neevil le Orange Grove CD Sinton Odenz &at tittS . e Robstown Corpus Christi Golfed Refugio Woadsboro Forts grad Driscoll Ara n Mus rsia 2 Vicinity Map Corpus Chr'sti Engineering // sluice Gate Frio River No.3&4 Release of downstream freshwater supply lo Corpus Christi Choke Canyon Reservoir yon 7x Hwy 72 Project Scope Carpus Chr sti Engineering This project includes custom fabrication and installation of new sluice gate parts for Sluice Gate No. 3 and No. 4 on the outlet tower for Choke Canyon Reservoir including: • Sluice gate stems • Couplings, keys, and • Hangers Project Schedule Corpus Chr sti Engineering 2016 2017 SEP OCT NOV DEC Bid & Award JAN FEB MAR APR MAY 111Lonstruction Project Construction Estimate: 150 Calendar Days = 5 Months Schedule reflects City Council construction award in December 2016 with completion planned by May 2017 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: TO: November 3, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Enqineerinq Construction Contract Alternative Capacity Power Generation Staples and Navigation Water Pump Station (Capital Improvement Project) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with McDonald Municipal & Industrial of Houston, Texas in the amount of $868,869 for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Base Bid. CIP Description: Alternative Capacity Power Generation This project is the first phase of the Texas Commission on Environmental Quality Alternative Capacity Requirement Implementation Plan to provide emergency back-up power at the Staples Pump Station and Navigation Pump Station which are critical to the water distribution pumping facilitates. BACKGROUND AND FINDINGS: This construction contract allows for the installation of two diesel power generators at the Navigation and Staples Pump Stations, respectively, to allow for continued operation at these critical pump stations during a power outage, as well as minor electrical modifications at the O.N. Stevens Water Treatment Plant. In June 2012, the Texas Commission on Environmental Quality (TCEQ) approved the City's Alternative Capacity Requirement (ACR) Implementation Plan to replace four existing elevated storage tanks (ESTs) at Pressure Zone 1 (including the O.N. Stevens Water Treatment Plant and three pump stations) with four new ESTs in four phases over a nine-year period. This Plan increases the combined capacity of elevated storage for Pressure Zone 1 from current 3.5 Million Gallon (MG) to 7.5 MG. In August 2012, Bath Engineering was selected as the Design Engineer through Request for Qualifications No. 2012-03 Bond Issue 2012 and CIP Projects. In July 2014, the City administratively awarded Bath Engineering a professional services contract to perform a feasibility study identifying the best choice of two emergency power generators for the City. Based on the feasibility study, the recommendation was to install diesel power generators with fuel system at the Navigation and Staples Pump Stations. This recommendation will minimize the construction cost and shorten the construction duration for these two emergency generators. In May 2015, the City executed Amendment No. 1 to the contract with Bath Engineering for the design of the pump station improvements as recommended in the 2014 feasibility study. On April 19, 2016, City Council approved construction of the second phase of ACR Implementation for one EST at Holly Road and one EST at Rand Morgan Street. The construction will start in middle of June, 2016 and complete in early 2018. In May 2016, City Council approved the award of the design contracts for phases 3 and 4, new elevated storage tanks at Starry Road and Nueces Bay Blvd. The table below outlines the four phases of the City's ACR Implementation Plan: Phase Description Status 1 Construct 2 new emergency generators located Navigation and Staple Pump Stations, respectively Construction (THIS PROJECT) 2 Construct 2 new EST's; 3.0 MG at the Holly Road Pump Station and 0.75 MG EST at the Rand Morgan Street Construction 3 Construct a new 2.5 MG EST at the Starry Road on City -owned property Design g 4 Construct a new 1.25 MG EST at the Nueces Bay Blvd at undetermined site Design g Note: Phase 3 & 4 IS combined as single contract to improve efficiencies and cost effectiveness. On October 12, 2016, the City received proposals from two (2) bidders and the respective bids were as follows: CONTRACTOR BASE BID (INCLUDES ALLOWANCE)* McDonald Municipal & Industrial Houston, Texas $868,869 Rabelais I&E Constructors Corpus Christi, Texas $1,173,960 Engineer's Opinion of Probable Construction Cost $1,180,000 *Includes an allowance of $20,000 for all bidders for AEP Electric Utility. The City's consultant, Bath Engineering analyzed the two proposals and recommended the project be awarded to McDonald Municipal & Industrial. Based on a review of McDonald Municipal & Industrial's experience and resources, McDonald Municipal & Industrial is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None 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: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) $1,398,300 $1,398,300 Encumbered / Expended Amount $170,640 $170,640 This Item 868,869 868,869 Future Anticipated Expenditures This Project 224,731 224,731 BALANCE $134,060 $134,060 Fund(s): Water CIP #2 Comments: This project requires approximately 180 days for construction with anticipated completion June 2017. The construction contract will result in the expenditure of an amount not to exceed $868,869. RECOMMENDATION: City Staff recommends approval of a construction contract with McDonald Municipal & Industrial of Houston, Texas in the amount of $868,869 for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET ALTERNATIVE CAPACITY POWER GENERATION STAPLES AND NAVIGATION WATER PUMP STATION FUNDS AVAILABLE: Water CIP $1,398,300 FUNDS REQUIRED: Construction: Construction (McDonald Municipal & Industrial) THIS ITEM 868,869 Construction Contingency (10%) 86,887 Construction Observation & Testing: Construction Observation Estimate (TBD) 45,000 Construction Materials Testing (Rock Engineering) 7,929 Geotechnical Investigation Testing Estimate (Rock Engineering) 5,000 Design: Design Engineer (Bath Engineering) 155,640 Original Contract (Bath Engineering) 32,500 *Amendment No. 1 (Bath Engineering) 90,955 Amendment No. 2 (Bath Engineering) 32,185 Engineer for TCEQ Permit Assistance (Urban Engineering) 15,000 Reimbursements: Total Reimbursements. 79,915 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 27,966 Engineering Services (Project Mgmt/Constr Mgmt) 41,949 Misc 10,000 TOTAL 1,264,240 PROJECT BUDGET BALANCE $134,060 *Amendment No. 1 approved by City Council on May 19, 2015 by Motion No. 2015-047 ONSWTP • North San Pedro. Rohs/own Petrerbi la • Project Locations Dderrr Navigation Pump Station Tierra Grande Corpus Christi Staples St. Pump Station • Dhckprrark Ranch LOCATION MAP NOT TO SCALE Project Number: E12141 Alternate Capacity Power Generation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering Alternative Capacity Power Generation Staples and Navigation Water Pump Station Council Presentation November 15, 2016 Project Location Corpus Chr sti Engineering Spring arden-Terra Verde oma -Lost 'reek SII ONSWTP • North San Pedro Robatown Petronila v Navigation Pump Station Corpus Christi Tiera G"ande Staples St. Pump Station. Project Scope Carpus Chr sti Engineering This project is the first phase of the TCEQ Alternative Capacity Requirement (ACR) Implementation Plan to provide emergency back-up power at two critical water distribution pumping facilities. • Navigation Pump Station • Staples Street Pump Station Project Schedule Corpus Chr sti Engineering 2016 2017 OCT NOV DEC JAN FEB MAR APR MAY JUN Bid & Award ElirConstruction Project Construction Estimate: 180 Calendar Days = 6 Months Schedule reflects City Council construction award in December 2016 with completion planned by June 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 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-127092 Date Filed: 10/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. C. F. McDonald Electric, 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. The 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. E12141 Staples and Navigation Water Pump Stations Alternate Power Generation Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Stephenson, Larry Houston , TX United States X Keller, Harry Houston , TX United States X Berkenmeier, Wayne Houston , TX United States X Dollar, Diane Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT .ti r, {5Yw5 .P.7"< ,mm II ;f`� V + .. • subscribed , to ,�.,�,�.�.,.,a.�„�.;����. I swear, or affirm, under penalty of perjury, that the DIANADOLLARl i Votary Public, State of Texas My rtvnmisstan Expitos 11.10-2016 above disclosure is true and correct. l� z. AFFIX NOTARY Sworpand 20 ",..1.4."'S-.> "'' ``r Signature of authorized agent of contracting business entity STAMP / SEAL ABOVE � J � [��Qf,� ,�/� before me, by the said l 1 L, 'ff l� ' ,r �tflis the al day of certify which, witness my hand and seal of office. l (St 1 Nahid>at/ Zas '' Signa r- :‘*.l. e1 ''`' !� inistering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: October 31, 2016 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology Bmercado@cctexas.com (361) 826-3740 Approving Cellular Services for Phones, Wireless Devices, and Connectivity CAPTION: Motion authorizing the City Manager or designee to execute a contract with T -Mobile USA, Inc., of Bellevue, Washington, based on a cooperative purchasing agreement with the Texas Department of Information Resources (DIR), for a total estimated expenditure of $1,650,348 for three years, of which $412,587 is funded in FY2016-2017, with options to extend for up to one additional one- year period subject to renewals of the State's DIR contract (DIR-TSO-3416) with T -Mobile, sufficient annual appropriations, and mutual consent of the vendor and City Manager. PURPOSE: To transition to one cellular provider for city -owned devices for central management. The move to a single carrier will allow the city to achieve efficiencies, cost savings, and improved inventory management of cellular devices and data services. BACKGROUND AND FINDINGS: Mobile technology is now the standard in all industries, including city government. Smartphones, tablets, and Wi-Fi devices are currently in use by city departments to provide work efficiency in the workplace. Currently four cellular providers provide service to city departments. Each city department handles the management and procurement of devices and services. The approval of this item will provide efficiencies in the approval, procurement, inventory, and invoice processing with a centralized service. A city-wide policy has been put in place that requires all devices be approved by city management. Devices will be standardized across all departments. All city devices will be managed and monitored using specialized software that will be installed on city phones and tablets. Evaluation Process In June 2016, an evaluation committee was formed from city department representatives to do the following: • Review cost of existing service with AT&T, Sprint, T -Mobile, and Verizon • Review city department requirements for cell phone and data services • Prepare vendor evaluation matrix • Conduct vendor presentations with AT&T, Sprint, T -Mobile, and Verizon • Conduct cellular performance and coverage testing • Prepare final scoring and recommendation. The evaluation representatives included staff from Police, Fire, Utilities, Solid Waste, Information Technology, City Management Office, and Finance. The evaluation committee is recommending T -Mobile as the City's provider. Pricing and network coverage/performance were key factors that led to the selection of T -Mobile. With the transition to one cellular vendor, the city will achieve at a minimum a 15% reduction in the cost of service per device. Cost of New Service The estimate below includes the T -Mobile order for the initial purchase and future planned purchases. The cost for fiscal year 2016/2017 expected for 9 months at $45,843/month is $412,587. The savings over last fiscal year results in a cost savings of $115,000 per year. The average cost for all devices (cell phones, tablets, sim cards, and hotspots) is $30 per month which includes the hardware and service. The amount shown below is a monthly estimate with projected costs over the life of the three-year contract. Future Purchases Planned Toughbooks and Ticketwriters in use by city departments have imbedded cellular service that does not allow the ability to change out cellular providers. T -Mobile has provided options and staff plans to address the move to T -Mobile service for Toughbooks and Ticketwriters in Summer 2017. The expected increase in mobile adoption will require departments to identify needs and obtain approval from the City Manager and Assistant City Manager prior to the order of new service. We anticipate the move to standardized devices and services city-wide will provide awareness of a service that will generate demand for increased efficiencies. Monthly Estimate: T -Mobile Order $38,606 Universal Service Charge $514 Spare phones $0 Durable protective cases $0 Future Purchases Planned Toughbooks(Fire, EMS, Animal Control) $1,314 Ticketwriters (PD, Parks) $3,429 Anticipated increase in mobile adoption $1,980 $6,723 TOTAL $45,843 ALTERNATIVES: 1. Approve the T -Mobile contract using the State of Texas DIR Contract DIR-TSO-3416. 2. Continue de -centralization of cellular devices and service (Not recommended). OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Information Technology Department Legal Department Office of Management and Budget 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 $412,587 $1,237,761 $1,650,348 BALANCE Comments: Charges to be made directly to individual city department operational accounts RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: DIR Contract with T -Mobile T -Mobile Estimate Pricing Cost Analysis of Cellular Service Vendor Evaluation Matrix DIR Contract No. DIR-TSO-3416 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES T -MOBILE USA, INC. 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter "DIR") with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and T -Mobile USA, Inc. (hereinafter "Vendor"), with its principal place of business at 12920 SE 38th Street, Bellevue, Washington 98006. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-234, on December 9, 2015, for Hardware, Software and Services for Wireless Voice, Data, Pagers and Mobile Satellite Voice. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-234 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor' s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor' s Response to RFO DIR-TSO-TMP-234, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-234, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be two (2) years commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract, upon mutual agreement, for up to two (2) optional one-year terms. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) 1 DIR Contract No. DIR-TSO-3416 Vendor Contract No. additional calendar days. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Wireless Voice and Data Products required for services offered in B. below as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer's product line which was not included in the Vendor' s response to the solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to Wireless Voice and Data Services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.B above. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is two percent (2%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $2,000. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Shannon Kelley, CTPM, CTCM Manager, Contract and Vendor Management Department of Information Resources 300 W. 15th St., Suite 1300 Austin, Texas 78701 Phone: (512) 936-2233 Facsimile: (512) 475-4759 2 DIR Contract No. DIR-TSO-3416 Vendor Contract No. Email: shannon.kelley@dir.texas.gov If sent to the Vendor: T -Mobile USA, Inc. Attn: Vice President, Business and Government Sales 12920 SE 38th Street Bellevue, WA 98006 With a copy to: T -Mobile USA, Inc_ Attn: Legal Department 12920 SE 38th Street Bellevue, WA 98006 7 Software License and Service Agreement A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. No exceptions have been agreed to by DIR and Vendor. {remainder of page intentionally left blank} 3 DIR Contract No. DIR-TSO-3416 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. T -Mobile USA, Inc. Authorized By: Signature on File Name: Matt Millen Title: VP T -Mobile Date: 4/27/2016 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: _ Wayne Egeler Title: CTS Director Date: 5/3/2016 Office of General Counsel: Initials on File 4 T -MOBILE ESTIMATE PRICING as of 10.12.16 iPhone QTY Samsung 17 QTY iPad QTY Android Tablet QTY Hot Spot (MiFi) QTY SIM Cards (Cradlepoints) QTY Total # of Devices Monthly Cost Airport 9 3 2 14 $ 319.55 Animal Care 14 1 9 24 $ 552.30 Auditor 0 $ - City Manager 1 1 $ 29.05 City Secretary 1 1 $ 29.05 Code Enforcement 23 23 $ 430.10 Communications 1 1 $ 29.05 Development Svcs 18 15 33 $ 772.35 Engineering 15 5 20 $ 425.75 Facilities 19 1 20 $ 384.35 Finance 5 3 8 $ 180.65 Fire 26 28 62 116 $ 3,611.70 Fleet 4 4 $ 74.80 Health 9 37 6 14 12 78 $ 2,034.78 HCD 5 5 5 1 16 $ 585.95 Human Resources 1 1 $ 29.05 IGR 1 1 $ 18.70 IT 6 2 10 4 22 $ 589.00 Legal 2 2 $ 58.10 Marina 3 1 4 $ 85.15 Mayor 1 1 $ 29.05 Police 12 152 17 169 350 $ 9,127.10 Parks & Rec 10 10 $ 290.50 Risk Management 1 8 9 $ 251.10 Solid Waste 90 35 11 136 $ 3,019.30 Streets 16 6 7 29 $ 676.85 Utilities 246 43 127 416 $ 14,972.81 TOTALS 289 456 132 84 128 237 1340 $ 38,606.14 iPhone QTY Samsung 17 QTY iPad QTY Android Tablet QTY Hot Spot (MiFi) QTY SIM Cards (Cradlepoints) QTY Total # of Devices Monthly Cost Monthly Estimate: T -Mobile Order $38,606 Universal Service Charge $514 Spare phones $0 Durable protective cases $0 Future Purchases Planned Toughbooks(Fire, EMS, Animal Control) $1,314 Ticketwriters (PD, Parks) $3,429 Anticipated increase in mobile adoption $1,980 TOTAL $45,843 Carrier ATT Verizon Sprint T -mobile Cricket Total Cost Analysis of Cellular Service FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 Avg per Month 316,897.24 535,854.07 268,997.75 99,625.97 143,211.92 22,743.12 21,308.66 115,936.26 187,208.57 199,294.31 252,121.30 12,931.15 171,019.60 194,939.23 318,534.06 231,383.25 282,544.49 19,973.68 1,728.91 677.84 273.40 648.78 891.53 70.34 768.00 0.00 0.00 0.00 0.00 12.80 $ 511,722.41 $ 847,407.40 $ 775,013.78 $ 530,952.31 $ 678,769.24 $ 55,731.09 Cellular Vendor Selection - Evaluation Matrix Scope of project: This project will select the primary wireless telecommunications provider for City of Corpus Christi employees, including cellular smartphones, wi-fi hotspots for laptop computers, cellular - enabled tablets, and sim card data service for technology devices. The move to a single carrier will allow us to achieve efficiencies, cost savings, and improved inventory management of mobile devices. 11.111 _- �- Proposed customer service structure 15 13 8 14 13 Flexible invoicing/payment process 10 8 4 8 8 Coverage/Performance 25 15 25 24 25 Proposed project implementation 5 5 2 5 4 Device Hardware Flexibility Options including accessories 5 5 5 5 5 Vendor Response to selection committee 5 5 3 5 5 Services and Pricing 35 30 25 35 25 100 81 72 96 85 DocuSign Envelope ID: E5E97EFE-D71 F-41 F1 -A600 -95830753685B Forms provided by Texas Ethics Commission www.ethics.state.tx.us til sIOn VLL). ,/•strtHinitik'i�\ 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: 2016-131081 Date Filed: 11/0112016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. T -Mobile USA, Inc. Bellevue, WA 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, DIR-TSO-3416 Wireless services and equipment 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 if is NO Interested Party. Check only there 111 6 AFFIDAVIT I swear, or DocuSigned L AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me, by the said 1fit,l'M?_S affirm, under penalty of perjury, that the above disclosure is true and correct. by: ignature of authorized agent of contracting business entity Klftot this the 2 4 d day of Ma/POI 6 t;- 20 1 G , to certify which, witness my hand and seal of office. 10A `11�t,y11111111177,r77j NOTARY PUBLIC ' yy ig' G— 'per,)) i -up s Signature of officer administering oath Printed name of officer administering oath F. Title onf I �gAlflisterin ath V a ;y'n.A \.0;I0112QZ0 .•. Forms provided by Texas Ethics Commission www.ethics.state.tx.us til sIOn VLL). ,/•strtHinitik'i�\ Budget Account 1 Annual Cost Future Year Monthly Cost Annual Cost 16-17 Airport 4610-35000-272-530200 $ 821.70 $ 68.48 $ 616.28 4610-35010-274-530200 $ 547.80 $ 45.65 $ 410.85 4610-35040-271-530200 $ 547.80 $ 45.65 $ 410.85 4610-35050-272-530200 $ 821.70 $ 68.48 $ 616.28 4610-35055-272-530200 $ 1,095.60 $ 91.30 $ 821.70 $ - $ - Animal Care 1020-12680-081-530200 $ 3,866.10 $ 322.18 $ 2,899.58 1020-12680-095-530200 $ 2,761.50 $ 230.13 $ 2,071.13 $ - $ - City Manager 1020-10100-705-530200 $ 348.60 $ 29.05 $ 261.45 $ - $ - City Secretary 1020-10020-714-530200 $ 348.60 $ 29.05 $ 261.45 $ - $ - Code Enforcement 1020-11500-157-530200 $ 5,161.20 $ 430.10 $ 3,870.90 $ - $ - Communications 1020-11470-172-530000 $ 348.60 $ 29.05 $ 261.45 $ - $ - Development Svcs 4670-12201-281-530200 $ 9,268.20 $ 772.35 $ 6,951.15 $ - $ - Engineering 5310-11145-011-530200 $ 5,109.00 $ 425.75 $ 3,831.75 $ - $ - Facilities 5115-40300-191-530200 $ 2,767.32 $ 230.61 $ 2,075.49 5115-40310-191-530200 $ 1,844.88 $ 153.74 $ 1,383.66 $ - $ - Finance 4010-30010-183-530200 $ 2,167.80 $ 180.65 $ 1,625.85 $ - $ - Fire 1020-12040-093-530200 $ 43,340.40 $ 3,611.70 $ 32,505.30 $ - $ - Fleet 5110-40200-202-530200 $ 897.60 $ 74.80 $ 673.20 $ - $ - Health 1020-12600-101-530200 $ 2,504.34 $ 208.70 $ 1,878.26 1020-12630-101-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1020-12640-101-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1020-12690-102-530200 $ 2,191.30 $ 182.61 $ 1,643.48 9100-772697C-715-530200 $ 2,191.30 $ 182.61 $ 1,643.48 9100-732597C-715-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-831518F-103-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-830516F-102-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-830970S-103-530200 $ 2,191.30 $ 182.61 $ 1,643.48 9100-752537C-715-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-830117F-103-5530200 $ 2,191.30 $ 182.61 $ 1,643.48 $ - $ - HCD 1059-851502F-131-30201 $ 7,031.40 $ 585.95 $ 5,273.55 $ - $ - Human Resources 1020-11400-211-530200 $ 348.60 $ 29.05 $ 261.45 $ - $ - IGR 1020-10250-291-530200 $ 224.40 $ 18.70 $ 168.30 $ - $ - IT 5210-40430-241-530200 $ 7,416.60 $ 618.05 $ 5,562.45 Taxes/Add Ons 5210-40430-241-530200 $ 86,842.32 $ 7,236.86 $ 65,131.74 $ - $ - Legal 1020-10500-001-530200 $ 697.20 $ 58.10 $ 522.90 $ - $ - Marina 4700-35300-123-530200 $ 1,021.80 $ 85.15 $ 766.35 $ - $ - $ - $ - Police 1020-11870-151-530200 $ 18,254.20 $ 1,521.18 $ 13,690.65 1020-11860-155-530200 $ 730.17 $ 60.85 $ 547.63 1061-821001-151-530200 $ 66,445.29 $ 5,537.11 $ 49,833.97 9010-11711-151-530200 $ 24,095.54 $ 2,007.96 $ 18,071.66 $ - $ - $ - $ - Parks & Rec 1020-12926-142-530200 $ 1,045.80 $ 87.15 $ 784.35 1020-13045-242-530000 $ 2,440.20 $ 203.35 $ 1,830.15 $ - $ - Risk Management 5613-11460-005-530200 $ 3,013.20 $ 251.10 $ 2,259.90 $ - $ - Solid Waste 1020-12500-033-530200 $ 3,522.52 $ 293.54 $ 2,641.89 1020-12504-033-530200 $ 3,522.52 $ 293.54 $ 2,641.89 1020-12506-033-530200 $ 754.83 $ 62.90 $ 566.12 1020-12510-032-530200 $ 24,406.01 $ 2,033.83 $ 18,304.51 1020-12511-031-530200 $ 3,522.52 $ 293.54 $ 2,641.89 1020-13870-034-530200 $ 503.22 $ 41.93 $ 377.41 $ - $ - Streets 1041-12310-053-530200 $ 2,811.53 $ 234.29 $ 2,108.65 1041-12320-053-530200 $ 937.18 $ 78.10 $ 702.88 1041-12400-051-530200 $ 3,123.92 $ 260.33 $ 2,342.94 1041-12403-051-530200 $ 312.39 $ 26.03 $ 234.29 4300-32003-051-530200 $ 937.18 $ 78.10 $ 702.88 $ - $ - Utilities 4010-30005-041-530200 $ 2,642.26 $ 220.19 $ 1,981.70 4010-30200-061-530200 $ 5,284.52 $ 440.38 $ 3,963.39 4010-30205-061-530200 $ 1,761.51 $ 146.79 $ 1,321.13 4010-30210-061-530200 $ 4,403.77 $ 366.98 $ 3,302.83 4010-30250-061-530200 $ 5,284.52 $ 440.38 $ 3,963.39 4010-31010-062-530200 $ 28,184.11 $ 2,348.68 $ 21,138.08 4010-31501-063-530200 $ 24,661.10 $ 2,055.09 $ 18,495.82 4010-31510-041-530200 $ 20,257.33 $ 1,688.11 $ 15,193.00 4010-31520-041-530200 $ 26,422.61 $ 2,201.88 $ 19,816.95 4010-31700-043-530200 $ 880.75 $ 73.40 $ 660.57 4010-33100-064-530200 $ 880.75 $ 73.40 $ 660.57 4200-31010-062-530200 $ 880.75 $ 73.40 $ 660.57 $ 550,116.00 $ 45,843.00 $ 412,587.00 4200-33100-064-530200 $ 2,642.26 $ 220.19 $ 1,981.70 4200-33120-064-530200 $ 3,523.01 $ 293.58 $ 2,642.26 4200-33130-064-530200 $ 2,642.26 $ 220.19 $ 1,981.70 4200-33140-064-530200 $ 1,761.51 $ 146.79 $ 1,321.13 4200-33210-065-530200 $ 6,165.27 $ 513.77 $ 4,623.96 4200-33400-042-530200 $ 14,092.06 $ 1,174.34 $ 10,569.04 4200-33500-065-530230 $ 6,165.27 $ 513.77 $ 4,623.96 4300-32005-043-530200 $ 4,403.77 $ 366.98 $ 3,302.83 4300-32006-063-530200 $ 13,211.30 $ 1,100.94 $ 9,908.48 4300-32040-067-530200 $ 3,523.01 $ 293.58 $ 2,642.26 $ 550,116.00 $ 45,843.00 $ 412,587.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: October 26, 2016 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 Establish waste acceptance contract with Killian Calderon Disposal LLC CAPTION: Motion authorizing the City Manager or designee to execute an 11 -year contract with Killian Calderon Disposal, LLC, guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments region to the City's Cefe Valenzuela Municipal Landfill, with a termination date of November 12, 2027. PURPOSE The agreement assures that the Killian Calderon Disposal will dispose of 80% of waste collected from inside the City limits at the Cefe Valenzuela Landfill, with a minimum of 2,000 tons per year. Killian Calderon Disposal will receive a 25% discount off of the published disposal fee. If the minimum of 2,000 tons is exceeded by 33% (660 tons), then an additional 15% discount will be applied on disposal fees for waste in excess of 2,660 tons in each contract year. The agreement will have an effective date of November 12, 2016, and will end November 12, 2027, to align with the termination dates of similar active contacts with Corpus Christi Disposal, Dawson Recycling, Captain Hook, BFI, Coastal Trailer Trash, Absolute Waste Acquisitions, and the Bag Lady. BACKGROUND AND FINDINGS: The efficient operation of the Cefe Valenzuela Landfill is dependent upon consistent volumes of solid waste. Competition from area landfills increases the importance to be competitive in price and service. The City has previously entered into "put or pay" disposal agreements with local commercial waste haulers, as well as Aransas County, offering discounts from the published disposal rate of 25% if the hauler agrees to deliver 80% of their waste to the City and 28% if the hauler agrees to deliver 100% of their waste to the City. Both Killian Calderon Disposal and the City of Corpus Christi will realize cost and efficiency benefits through the execution of this agreement. William Killian, a principal partner with Killian Calderon Disposal, has approved the execution of this agreement. CONFORMITY TO CITY POLICY: This agreement is consistent with the terms offered to other major waste haulers agreement and does not conflict with City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: City Attorney. FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $53,420 $534,200 $587,620 BALANCE $53,420 $534,200 $587,620 Fund(s): General Fund Comments: The revenue stated above assumes 10.5 months of disposal activity at the discounted rate of $26.71 per ton in FY 2017, and 10 future years' revenue at the same discounted rate. RECOMMENDATION: Staff recommends the approval of this contract. LIST OF SUPPORTING DOCUMENTS: Hauler Agreement Exhibit A WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND KILLIAN CALDERON DISPOSAL, LLC TABLE OF CONTENTS Article Subject 1 General Provisions 2 Acceptable Waste 3 Fees 4 Billing and Payments 5 Landfill Procedures 6 Assignments 7 Insurance 8 Indemnification 9 Governmental Regulation 10 Suspension for Force Majeure 11 Liquidated Damages and Default 12 Representation and Warranties 13 Governing Law and Venue 14 Miscellaneous Provisions Page Number 6 8 11 12 14 14 14 16 17 18 19 20 20 WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City") and Killian Calderon Disposal, LLC ("Hauler"), requires the City to accept, process, and dispose of acceptable solid waste brought by the Hauler to the City's Cefe Valenzuela Municipal Landfill ("Landfill"), with its entrance on County Road 20 in Nueces County, Texas, and requires the Hauler to deliver to the Landfill and pay for the disposal of a minimum volume of acceptable Solid Waste under the terms and conditions of this Agreement. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS 1.1 Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, and construction/demolition materials, but does not include hazardous, medical, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Coastal Bend Council of Governments' Region ("CBCOG Region') means Aransas, Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg, McMullen, Nueces, San Patrick), and Refugio Counties. Construction/demolition materials means waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as eonstructionldemolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Page 1 of 233 Effective date means November 12, 2016. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material adverse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ("non-performing party") relying the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any Federal, State, or local court, administrative agency, or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the non-performing party, and the non-performing party does not control the administrative agency or governmental officer or body, provided that the diligent contest in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non-performing party. (c) The adoption, promulgation, issuance, material modification, or change n interpretation, after the date of this Agreement, of any Federal, State, or local law, regulation, rule, requirement, or ordinance. (A law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without any further action by any Federal, State or local governmental body, administrative agency, or governmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City. (e) A strike, lockout, or other similar labor action. (f) The failure to obtain or maintain any essential permit or license from any governmental unit. Garbage means putrescible animal or vegetable matter, such as waste material and refuse Page 2 of 23 usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts. Generator means the person that creates a solid waste. For the purposes of this Agreement, a construction or repair contractor or landscape or tree service is considered to be the generator of any solid waste that is produced by the contractor or service or results from the contractor's or service's work on the premises of a customer. A business or commercial establishment is considered the generator of any packaging materials on products delivered to a customer, which are returned to the business or commercial establishment that made the delivery. Hauler's historical volume means the tonnage the hauler delivered to the City's J. C, Elliott Landfill, or the City's Cefe Valenzuela Landfill, if applicable, during the year immediately prior to the hauler's initial Waste Disposal Agreement with the City. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous substance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promulgated the Act (including without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C..260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or by-products material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or defined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA with respect to the Landfill or by any other Federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law, Page 3 of 23 (d) Notwithstanding the above, if the TCEQ or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, no 16nger constitutes a hazardous waste for the purposes of this Agreement. Heavy brush means tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance means general household appliance that will not fit into a refuse receptacle including: Non-metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non-metallic parts Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction/demolition materials commonly generated by a residential household. Jurisdictional waste means waste collected within the City or its industrial districts. Landfill means the City's Cele Valenzuela Municipal Landfill located in Nueces County, Texas. Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnant or parts thereof, or any material of an unsanitary nature. Medical waste means waste generated by health-care related facilities and associated health- care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non -health-care activities. Page 4 of 23 Published disposal rate means the published tipping rate for commercial vehicles based on weight published in Section 21-41(e)(2)A, less the difference between the municipal solid waste system service charge published in Section 21-47(b)(1) and the credit published in Section 21-47(b)(5) and any applicable State or Federal fees. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish means non-decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating Plan means the site operating plan for the City's Cefe Valenzuela Municipal Landfill generally applicable to customers utilizing the Landfill, as determined by the City. Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and construction/demolition materials. Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at the City disposal site. TCEQ means Texas Commission on Environmental Quality. Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debris or construction/demolition material, but including a small household appliance that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TCEQ or the Site Operating Plan. USEPA means the United States Environmental Protection Agency. Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. 1.2 Interpretation. In this Agreement, unless the context otherwise requires, words of masculine Page 5 of 23 gender means and include correlative words of feminine and neuter genders and words importing the similar number means and include the plural number and vice versa. 13 Term. 13.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect for a term of 11 years subject to extension by the mutual agreement of the parties. 1.3.2 Upon expiration of the term, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. 1.3.3 However, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement. 1.4 Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. ARTICLE 2. ACCEPTABLE WASTE 2.1 Acceptable Waste. 2.1.1 The Hauler shall deliver only acceptable waste. 2.1.2 Any acceptable waste co -mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2.1.3 At any time, the City and Hauler mutually may agree in writing that any materials, which are defined as unacceptable waste in Section 1.1. of this Agreement, should in the future be reclassified as acceptable waste. 2.2 Guaranteed Tonnage. 2.2.1 Commencing on the Effective Date, the Hauler shall deliver not less than 2,000 tons per year ("guaranteed annual tonnage") of acceptable waste the Hauler collects within the boundaries of the Coastal Bend Council of Governments' Region ("CBCOG Region"), and the City guarantees that it will accept the waste. 2.2.1.1 If the hauler wishes to avail itself of a 100% volume supply agreement that is based on all solid waste the hauler collects in the area defined by the boundaries of the Coastal Bend Council of Governments Region it must notify the City at least sixty (60) days in advance and upon the City's approval this agreement will be amended to reflect the change. 2.2.1.2 Any volumes the hauler wishes to deliver outside of the aforementioned defined boundaries are exempt from these requirements and minimum volumes and rates may be negotiated with the City on a separate basis. Page 6 of 23 s/ 2.2.2 The Hauler shall deliver the guaranteed tonnage. The Hauler's targeted monthly tonnage is defined as one -twelfth (1/12) of the guaranteed annual tonnage. 2.3 Adjustments to Guaranteed Tonnage. 2.3.1 If notwithstanding the Hauler's best efforts and implementation of best business practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers in the Coastal Bend Council of Governments Region, which has resulted in a net decline of more than 10% of the deliveries to the Landfill by the Hauler, and as a result the Hauler is unable to deliver the guaranteed tonnage for a period in excess of a year, the parties will act in good faith to renegotiate the guaranteed tonnage. 2.3.2 The Hauler may request a change in its guaranteed tonnage sixty days before the annual anniversary date of this Agreement. 2.4 Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver hazardous, medical or unacceptable waste to the City. 2.5 Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator. Legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the generators of any hazardous, medical, or unacceptable waste delivered to the Landfill. 2.6 City's Right to Audit Hauler for Compliance. 2.6.1 If the Hauler has elected the 100% volume supply option under Section 2.2.1.1 above, the City has the right to review and audit the Hauler's service and financial records if the City has reason to believe that the Hauler is taking more than 20% of the acceptable waste collected within the CBCOG Region to another disposal site. 2.6.2 For the purposes of this section, the Hauler's service and financial records include: (1) A list of all customers located within the CBCOG Region, including: a. The customer's name. b. The physical address of each location that is serviced. c. The size and service level of any container(s) provided at each service location. d. Whether the container is a roll-on/roll-off container, e.g. a container that picked up and transported on a vehicle chassis to a disposal site. e. The classification of the solid waste collected, e.g., commercial Page 7 of 23 hazardous, household waste, special waste. f. Whether or not the solid waste is compacted before disposal. g. The frequency of collection. (2) A list of all customers located outside the CBCOG Region, whose solid waste is taken to a facility owned by the city for disposal, including: a. The customer's name. b. The physical address of each location that is serviced. c. The type of solid waste collected from the customer. (3) The routes taken on a daily basis by any vehicle used to collect solid waste within the CBCOG Region or any vehicle that disposes of solid waste at a city owned facility that is collected from outside the CBCOG Region. (4) Copies of all reports filed with the comptroller of public accounts that relate to any services provided or activities conducted within the CBCOG Region. (5) Copies of all checks, deposit slips, and bank statements related to payments from all customers located within the CBCOG Region, who receive solid waste hauling and disposal services, and all customers located outside the CBCOG Region, whose solid waste is taken to a facility owned by the city for disposal. (6) Copies of all checks and bank statements related to payments to other waste disposal sites within the CBCOG Region and any waste disposal sites located outside the CBCOG Region, if any of the solid waste that is disposed of was collected within the CBCOG Region. (7) Copies of all contracts and agreements related to the disposal of solid waste collected within the CBCOG Region. ARTICLE 1 FEES 3.1 Acceptance Fee for Guaranteed Monthly Tonnage. 3.1.1 The discounted acceptance fee for acceptable waste delivered by the Hauler to the Landfill, which is based on 80% of the hauler's historical volume delivered to the City, is seventy five percent (75%) of the published disposal rate, plus any mandated Federal or State fees. 3.1.2 If the hauler requests a change to the agreement to a 100% volume supply agreement as defined in 2.2.1.1, and with the City's approval, the new discounted acceptance rate is seventy - Page 8 of 23 two percent (72%) of the published disposal rate. 3.2 Penalty for Diversion of Any Acceptable Waste to Alternate Disposal Site. If the Hauler fails to deliver the guaranteed annual tonnage of acceptable waste to the Landfill but diverts a portion of the guaranteed annual tonnage to another landfill, the Hauler shall pay the City the contracted rate per ton as defined in 3.1.1 or 3.1.2, whichever is applicable, for any diverted acceptable waste that is not delivered to the Landfill to satisfy the Hauler's guaranteed annual tonnage. 3.3 Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. 3.4 Discount for Increased Tonnage. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the guaranteed annual tonnage established in Subsection 2.2.1., the Hauler is eligible for a 15% discount off of the discounted acceptance fee, established in Subsection 3.1, in that year. The lower tipping fee will be applied retroactively to the additional waste over the 33% threshold is reached. Once the base tonnage is calculated under Subsection 2.3, the City will reduce it's billing to the Hauler at the beginning of each succeeding year or issue a refund check if the Hauler is a cash customer. ARTICLE 4. BILLING AND PAYMENTS 4.1 Billing. There shall be no billing account for Hauler under this Agreement unless Hauler has provided a letter of credit or cash deposit in accordance with Article 3 above. Each time Hauler utilizes the Landfill, Hauler shall pay for such usage via debit card or credit card. If debit card and credit card are declined, Hauler shall pay with cash. Cash means legal tender. Otherwise, Hauler may not dispose of the load at the Landfill. Once the letter of credit or cash deposit is provided in accordance with Article 3 above, then the following terms shall apply to a billing account: After the end of each month, the City will bill the Hauler for the total fees due for the billing period, including each ticket number, Hauler's vehicle registration number assigned by the City, and the tonnage on each ticket. 4.2 Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days of the billing date ("due date") shown on the bill. 4.3 Overdue Charges. If payment in full is not made on or before the due date, the Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid shall bear interest at the rate of one and one half percent (1-1/2%) per month or the highest rate that may then be lawfully charged and paid, whichever is less, from the due date to the actual date of payment. 4.4 Disputes. 4.4.1 In the event of a dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.4.2 The Hauler shall give the City, at the time payment is made on the bill, written notice of the dispute. Page 9 of 23 4.43 The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. 4.4.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall pay interest on any amount not paid by the due date at the interest rate specified in Section 4.3. 4.5 Fees Not Subject to Set -Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set-off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit recourse to the Hauler. 4.6 Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abatements, refunds or adjustments to which it is entitled under this Agreement. ARTICLE 5. LANDFILL PROCEDURES 5.1 Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. 5.2 Rejection of Solid Waste. 5.2.1 The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 5.2.2 The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date. But the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery. 5.2.3 The Hauler fails to comply with any published delivery procedures. 5.2.4 If a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. 5.3 Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler agrees to comply with the provisions in the Site Operating Plan relating to the improper delivery of hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any other permitted hauler that improperly delivered hazardous, medical, or uncceptable waste to the Landfill. 5.4 Delivery Schedule. 5.4.1 During the term, the Hauler may deliver acceptable waste to the Landfill during its normal posted hours of operations. Page 10 of 23 5.4.2 The City will open the Landfill for at least 58 hours, during weeks without City holidays. The City reserves the right to expand Landfill hours as it deems necessary. If the City reduces Landfill hours it will notify the Hauler of such changes in writing within 24 hours of said determination. 5.4.3 The City will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel. 5.4.4 Except in a Force Majeure, the City will provide the Hauler with at least 48 hours advance notice of any changes in the hours or days of operation. 53 Delivery Procedures. 5.5.1 The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site Operating Plan is attached as Exhibit A. 5.5.2 The City reserves the right to redirect the Hauler's trucks from the working face to an on-site transfer station. 5.6 Delivery Vehicles. 5.6.1 Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permitting of haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for haulers and vehicles, and identifying the hauler or generator of solid waste being delivered to the Landfill. 5.6.2 The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification of the specific vehicle, identification of any roll-on/roll-off containers, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. 5.6.3 The City is under no obligation to accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance requirements, or the delivery procedures established by the City. 5.6.4 The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. 5.7 Front of Line Privileges. Page 11 of 23 5.7.1 The City will provide front of line privileges to the Hauler and other haulers. with "put or pay" contracts with the City. 5.7.2 The City may at its discretion suspend front of line privileges under this agreement when waiting times to tip for other permitted haulers at the Landfill approach thirty (30) minutes. ARTICLE 6. ASSIGNMENTS 6.1 Assignment By Rainer. The Hauler may not assign or transfer, directly or indirectly, its interest in and to this Agreement, without the consent of the City Manager, which consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions. 6.2 Assignment By City. The City may, with prior written notice to the Hauler, assign all or any portion of this Agreement for any lawful purpose. The assignment of all or any portion of this Agreement does not relieve the City of any obligation under this Agreement without the consent of Hauler. ARTICLE 7. INSURANCE 7.1 Insurance Requirements. Insurance requirements are attached to and incorporated into this Contract as Exhibit B attached to and made a part of this Agreement, and may be revised annually by the City's Contract Administrator upon thirty (30) days written notice to Hauler. 7.2 Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to deliver solid waste to the Landfill, must maintain the same insurance as specified in Exhibit B prior to delivering any solid waste to the Landfill. 7.3 Certificates of Insurance. Before activities can begin under this Contract, Hauler's and any subcontractor's insurance company(ies) must deliver Certificate(s) of Insurance, as proof of the required insurance coverages to the City's Contract Administrator. 7.4 Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the Certificate(s) must state that the City will be given at least thirty (30) days notice by certified mail of cancellation, material change in the coverages, or intent not to renew any of the policies. 7.5 City Named As Additional Insured. The City must be named as an Additional Insured in each policy. The City Attorney must be given copies of all insurance policies within 15 days of the City's Contract Administrator's written request. 7.6 Waiver of Claim of Recovery. The Hauler waives any claim for recovery from the City for any injury, loss, or damage to Hauler resulting from the performance of this Agreement, to the extent compensation for the injury, loss, or damage shall have been recovered under any insurance policy. 7.7 Written Notice of Injury, Loss; or Damage Required. Immediately upon the occurrence of any injury, loss or damage resulting from the performance of this Agreement, written notice shall be given to the City's authorized representative. Page 12 of 23 ARTICLE 8. INDEMNIFICATION 8.1 Indemnification for Death, Personal Injury, or Property Damage. 8.1.1 To the extent allowed by Texas law, Hauler, its officers, members, partners, employees, agents, subcontractors, and licensees shall fully Indemnify, save, and hold harmless the City its officers, employees, agents, licensees, and invitees ("City indemnitees' against any and all liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the Hauler's delivery of solid waste to the Landfill under this agreement. 8.1.2 To the extent allowed by Texas law, the City shall fully indemnify, save, and hold harmless the Hauler, its officers, employees, agents, licensees, and invitees ("Hauler indemnitees') against any and all I/ability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without /imitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the City's delivery of solid waste to the Landfill under this agreement. 8.2 Indemnification for Improper Disposal of Hazardous, Medical, or Unacceptable Waste. If the City elects to dispose of any hazardous, medical, or unacceptable waste, the Hauler shall indemnify and hold the City indemnitees harmless from and against all liabilities, losses, damages, costs, expenses, and disbursements, including reasonable legal fees and expenses arising out of the processing or disposal by the person of unacceptable waste or waste not constituting acceptable waste delivered by the Hauler and incidental and consequential damages incurred by the City indemnitees. 8.3 Indemnification for Violations of Any Federal or State Laws and Regulations. The Hauler shall hold harmless and indemnify the City indemnitees from and against any expense, fine, or penalty, including attorneys' fees, and shall defend the indemnities in any proceeding, including appeals, for violation of any Federal or Page 13 of 23 State law, rule, or regulation relating to the collection, transportation, and disposal of solid waste arising out of the any of the following: 8.3.1 The negligence or wrongful misconduct of the Hauler, its directors, officers or partners, employees, contractors, or agents. 8.3.2 The failure by the Hauler, its directors, officers or partners, employees, contractors, or agents to comply with applicable law, rule, or regulation. 8.3.3 The delivery by the Hauler of any Hazardous Waste or hazardous, medical, or unacceptable waste to the Landfill. 8.4 Duty to Investigate, Defend, Settle, and Pay Any Claims and Demands. 8.4.1 Hauler must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to City indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. 8.4.2 To extent authorized by law, the City must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to Hauler indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. ARTICLE 9. GOVERNMENTAL REGULATION 9.1 Jurisdiction. The City and the Hauler acknowledge that the collection, transportation, and disposal of solid waste is subject to regulation under both Federal and State laws and regulations and the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and the Texas Department of Public Safety. 9.2 Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures applicable to them in connection with this Agreement and the transactions contemplated by this Agreement The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. Page 14 of 23 9.3 Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti- discrimination, affirmative action, and minority business opportunity laws, and all applicable industry codes, specifications, and standards respecting Hauler's business and operation. 9.4 Compliance by Hauler's Agents and Subcontractors. The Hauler agrees to take all necessary action to cause persons delivering waste on its behalf to the City to comply with any law, statute, rule, regulation, order, standard, Site Operating Procedures, or ordinance of the City of Corpus Christi, USEPA, TCEQ, the Texas Department of Public Safety, and any other authorized Federal or State agency or law enforcement organization. ARTICLE 10. SUSPENSION DUE TO FORCE MAJEURE 10.1 Suspension of Obligations. 10.1.1 A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. 10.1.2 Any delay or failure caused by a Force Majeure shall be excused at any time performance is affected by a Force Majeure and during the period as may be reasonably necessary for the affect party, using its reasonable efforts to correct the adverse effects of the Force Majeure. 10.1.3 If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landfill to accept, process, or dispose of acceptable waste, then subject to then existing commitments of the City with respect to the Landfill, and the requirements of all applicable permits, consents ,and approvals of the USEPA, TCEQ, and other governmental entities, the City shall use its reasonable efforts to allocate a portion of the reduced • capacity of the Landfill to the Hauler. The allocation of Landfill capacity shall be determined by the City in its sole discretion. 10.1.4 The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 10.2 Efforts to Remove Condition. A party whose performance is adversely affected by a Force Majeure shall use its reasonable efforts to overcome or remove the Force Majeure. 10.2.1 After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the City shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period. age 15 0 10.2.2 The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 10/.3 In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonably practicable under the circumstances. The parties shall negotiate and agree on the period during which Hauler is entitled to cure any resulting shortfall. 10.3 Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT 11.1 Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate disposal site and be credited for any acceptable waste delivered to an alternate disposal site for the period of the failure by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically terrninates. 11.2 Events of Default of the City. The City is in default if it makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the City's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.3 Events of Default of Hauler. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 11.3.1 The Hauler fails to pay any amounts, including without limitation, the acceptance fee, and any amounts payable under Sections 5.2 or 5.3, which become due under this Agreement, within thirty (30) days of notice of delinquency from the City. 11.3.2 The Hauler fails to observe and perform any other material term, covenant, or agreement contained in this Agreement, the Site Operating Plan, or other agreements or policies to which either the Hauler is subject and the failure continues for a period of thirty (30) days after written notice to the Hauler specifying the nature of the failure and requesting that it be remedied. 671.71 -)age 16 of 23 11.3.3 The Hauler fails to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 11.3.4 The Hauler makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) clays or more. 11.4 Remedies on Default. Whenever any event of default occurs and is continuing, the non - defaulting party has the following rights and remedies: 11.4.1 Upon ten (10) days written notice to the City, if the City is then in default, the Hauler has the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the City has taken remedial steps the effect of which would be to enable the City to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.2 Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the City shall have the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.3 Upon written notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 12. REPRESENTATION AND WARRANTIES 12.1 Representations and Warranties of the Hauler. 12.1.1 The Hauler by this Agreement represents and warrants to the City that this Agreement age 17 of 23 has been executed by authorized officers of the Hauler, and has before entering this Agreement delivered to the City evidence of the authority. 12.1.2 The Hauler has the full power and authority to execute and deliver this Agreement to the City and to carry out the obligations and transactions contemplated by this Agreement throughout its term. 12.1.3 There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.2 Representations and Warranties of the City. 12.2.1 The City by this Agreement represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Hauler and to carry out the obligations and transactions contemplated by this Agreement. 12.2.2 There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.3 Liability for Breach. It is understood and agreed that the signatories to this Agreement are liable to each other in the manner and to the extent provided by law for any loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. This section shall survive the term of this Agreement. ARTICLE 13. GOVERNING LAW AND VENUE 13.1 Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 13.2 Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division. 13.3 Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obligations of the parties to make any payment or render any service required by this Agreement or the rights of the parties under this Agreement. ARTICLE 14. MISCELLANEOUS PROVISIONS 14.1 Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. Page 18 of 23 14.2 Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this Agreement or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this Agreement. 14.3 Amendments and Modifications. This Agreement may not be amended or modified except in writing. The amendment or modification must be signed on behalf of both parties by their duly authorized officers. 14.4 Independent Contractor. Hauler will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Hauler be considered as an employee of the City. 14.5 Subcontractors. 14.5.1 Hauler may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Hauler must obtain prior written approval from the Contract Administrator. 14.5.2 In using subcontractors, Hauler is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Hauler. 14.5.3 All requirements of this Agreement imposed on the Hauler are applicable to all subcontractors and their employees to the same extent as if the Hauler and its employees had performed the services. 14.6 Successors and Assigns. This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 14.7 Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Services. 14.8 Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight courier addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this Section. Hauler: Killian Calderon Disposal Attn: William Killian 1726 N. Padre Island Drive (78408) piPage 19 of 23 City: P.O. Box 260119 Corpus Christi TX 78426 Director of Solid Waste Services City of Corpus Christi 2525 Hygeia Street (78415) P.O. Box 9277 Corpus Christi TX 78469-9277 14.9 Representatives. For billing purposes, the parties designate the following representatives and addresses: Hauler: Killian Calderon Disposal, LLC Attn: William Killian P.O. Box 260119 Corpus Christi TX 78426 City: City of Corpus Christi - Financial Services/Accounts Receivables P.O. Box 9257 Corpus Christi, Texas 78469-9257 14.10 Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 14.11 Right to Most Favorable Acceptance or Tipping Fees. 14.11.1 If the City enters into an agreement with any other company, person, or legal entity that provides solid waste hauling services or generates, disposes, or transports solid waste to the City's Landfill (or enters into a renewal, modification, extension of any existing agreement with such a party), and the document contains provisions for acceptance or tipping fees more favorable to the other party than those in this Agreement, the Hauler shall have the right either to terminate this Agreement or to amend this Agreement to contain such more favorable terms and provisions. 14.11.2 An agreement that offers an equivalent discounted acceptance fee for a commitment to deliver a guaranteed annual tonnage instead of all tonnage collected within the CBCOG Region is considered comparable to this Agreement if the other terms and conditions are similar to this agreement. 14.11.3 The City will not offer similar agreements to a hauler that has not had a solid waste hauler permit for at least 12 months. 5(7 Page 20 of 23 14.12 City Reserves Legislative Authority. Nothing in this contract restricts the right of the City Council to amend the City's Code of Ordinances, including its authority to regulate, permit, and franchise solid waste haulers operating within the City or using the City's solid waste disposal facilities; regulate the storage, transportation, and disposal of any solid waste generated within the City or its industrial districts; or impose taxes, surcharges, utility fees, or other fees, including generator fees, on residents, commercial and industrial facilities located within the City and industrial districts and customers from outside the City who use any of the City's solid waste disposal facilities or services; and including the setting of disposal or tipping fees at City disposal facilities within and outside the City limits. 14.13 Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. 14.14 Duplicate Originals. This Agreement may be executed in duplicate originals, any one of which is considered to be the original Agreement for all purposes. 14.15 Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and the Hauler shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not be affected by the defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 14.16 Rights of Third Parties. Nothing in this Agreement is intended to confer any right on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obligation or liability of any third person to any party to this Agreement or give any third person any right of subrogation or action over or against any party to this Agreement. 14.17 Headings for Convenience. The headings in this Agreement are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. 14.18 Publicity and Property Rights. 14.18.1 The Hauler may not advertise or otherwise use its relationship with the City under this Agreement in any public disclosure without the prior written consent of the City. The prohibition includes, without limitation, brochures, listings, references, advertisements, announcements, or other release of information concerning the existence, content or performance under this Agreement to any third party. 14.18.2 The Hauler is not permitted to photograph, film, tape or other make audio or visual recording at, or allow any unauthorized person to enter the Landfill without the express prior written consent of the City's Director of Solid Waste Services. Page 21 of 23 14.18.3 The Hauler may not use or permit the use of the trade or service names, marks, or logos of the City or any of its affiliates in any manner. 14.19 Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. 14.20 Exclusivity of Remedies. Neither party shall be liable for or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. 14.21 Sale of Hauler. In the event of a sale of the corporate stock of the Hauler or the sale of substantially all of the assets of the Hauler to a third party, the Hauler may give notice of early termination of this Agreement and be relieved of any further obligation to dispose of the guaranteed annual tonnage required under Section 2.2.1 above. For such a termination to occur, the purchaser must be a third party that is not related to or affiliated with the Hauler or any owner of Hauler in any manner. Such notice of termination shall be given at least 180 days in advance of the termina"tion date. Upon such termination, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate; provided, however, that the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement 14.22 Termination of Prior Agreement. Intentionally left blank. (EXECUTION PAGE FOLLOWS) Page 22 of 23 The parties to this Agreement have caused this Agreement to be executed on the date the City's representative executes this agreement, This Agreement is intended to take effect as a sealed instrument. AGREED TO BY: KIL, CAL R DISPOSAL, LLC William Killi Title: Date: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on !ii 4' it (VIZI 4c,'' g , 2016, by William Killian, President, on behalf of Killian Calderon Disposal, LLC, a Texas limited liability company. r1iv--- Notay Public State of Texas CITY OE CORPUS CHRISTI Margie Rose City Manager z''`�-'fie °, Sylvla S Franco ► My Commis -Von Expires w, •' 03104/2017 ATTEST: Rebecca Huerta City Secretary Date: Date: Approved as to legal form: Elizabeth Hundley Assistant City Attorney for Miles Risley, City Attorney Page 23 of 23 EXHIBIT A EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI CEFE VALENZUELA MUNICIPAL LANDFILL EXHIBIT B INSURANCE REQUIREMENTS L HAULER'S LIABILITY INSURANCE A. Hauler must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Hauler must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. 13. Hauler must furnish to the City's Risk Manager and Contract Administrator, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required andlolr nuprr1iberle policies. rriust be listed Endorsementsn Dexiption Box of Certificate at with of Certificate of Insurance. Project name Insurance. TYPE OF INSURANCE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased ENVIRONMENTAL IMPAIRMENT/POLLUTION LIABILITY Including Cleanup WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability MINIMUM INSURANCE COVERAGE 1 Bodily Injury and Property Damage Per occurrence - aggregate $1,000,000 Per Occurrence $2,000,000 Aggregate $1,000,000 Combined Single Limit $1,000,000 Per Claim/Occurrence Statutory and complies with Part II of this Exhibit. $100,000 C. In the event of accidents of any kind related to this contract, Hauler 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, Hauler must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Hauler is not domiciled in the State of Texas. B. Hauler shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Hauler'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. Hauler shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Hauler agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a ation, Certificaterenewal, of Insurancematerial and applicable ablege rendtermination cements to coverage, Hauler shall provide a replacement City. City shall have the option to suspend Hauler'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 Hauler'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 Hauler to stop work hereunder, and/or withhold any payment(s) which become due to Hauler hereunder until Hauler demonstrates compliance with the requirements hereof, G. Nothing herein contained shall be construed as limiting in any way the extent to which Hauler may be held responsible for payments of damages to persons or property resulting from Hauler's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Hauler's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Solid Waste Department Hauler Waste Disposal 10/20/2016 MV Risk Management City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY -CI 1'Y PURCHASING DIVISION EXHIBIT CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. !f the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: V(LJAi 641./D-MAii bitV"\-95111-- STREET ADDRESS: 1 '7)---C Aft_ / i0Ae ' 17 3 ° P"O' BOX: 06D/ 4000 CITY: ac— ,R STATE: ZIP: `?acs hein,c FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 0 5. Other L+ 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." Job Title and City Department (if known) Name 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 b() Consultant FILING REQUIRENIENTS 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 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: //C e Title: Si/y4 Signature of Date: /1/4/1 yr' r�r DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time employees and employees of any corporation created by the city. 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, int 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. orms 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: 2016-133855 Date Filed: 11/07/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. KILLIAN CALDERON DISPOSAL 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. NA WASTE DISPOSAL 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 6 AFFIDAVIT I swear, or y4i `, Sylvia S Franco My Commission Expires `'sI. f 03/04/2017 affirm, under penalty of perjury, that the / above disclosure is true and correct. Oo Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE 1(//•///11 , / Sworn to and subscribed before me, by the said V" l // p in e//XqA.7 , this the 7 day of Whienkr 20 / le , to certify which, witness my hand and seal of office. ��.vcr, d///: /OH _ . Signa ure of officer administering oath Printed ' ame of officer administering oath Title df;6fficer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 City of Corpus Christi Cefe Valenzuela Landfill Municipal Solid Waste Permit No. 2269 Part IV Site Operating Plan Nueces County, Texas Revised March 2008 HDR Engineering, Inc. 17111 Preston Road, Ste. 200 Dallas, TX 75248 s JOSE C. GARZA /p -m.. 91790 .•ems �� kh,..'cl:.ls�� . 4, Srt 3.5. or This document is released for the purpose of review only under the authority of Jose C. Garza, P.E. 9I790. It is not to be used for bidding or construction. For pages thru P t' e..117 City of Corpus Christi Site Operating Plan for Cefe Valenzuela Landfill Table of Contents 1.0 Introduction 1 2.0 Recordkeeping Requirements 3 3.0 Waste Acceptance Rates 8 4.0 Types of Landfill Personnel 10 5.0 Types of Equipment 15 6.0 Personnel Training 17 7.0 Detection and Prevention of Disposal of Prohibited Waste 18 8.0 Fire Protection Plan 23 9.0 Access Control 30 10.0 Unloading of Waste 33 11.0 Facility Operating Hours 35 12.0 Site Signs 36 13.0 Control of Windblown Solid Waste and Litter 37 14.0 Easements and Buffer Zones 39 15.0 Landfill Markers and Benchtnark 41 16.0 Materials Along the Route to the Site 44 17.0 Disposal of Large Items 45 18.0 Air Criteria 47 19.0 Disease Vector Control 49 20.0 Site Access Roads 50 21.0 Salvaging and Scavenging 52 22.0 Endangered Species Protection 53 23.0 Landfill Gas Control 54 24.0 Oil, Gas, and Water Wells 58 25.0 Compaction 60 26.0 Landfill Cover 61 27.0 Ponded Water 66 28.0 Disposal of Special Wastes 68 29.0 Disposal of Industrial Wastes 73 30.0 Visual Screening of Deposited Wastes 76 31.0 Operational Standards for Class I Waste Management 77 City of Corpus Christi Cefe Valenzuela Landfill - SOP July 2007 Version 1 City of Corpus Christi Site Operating Plan for Cefe Valenzuela Landfill Table of Contents List of Tables Table 2.1: Recordkeeping Requirements 3 Table 3.1: Projected Waste Quantities 9 Table 4.1: Landfill Disposal Operations Staffing Requirements 14 Table 5.1: Minimum Equipment per Waste Acceptance Rate 15 Table 8.1: Maximum Size of Working Face & Wet Weather Area 27 Table 8.2: Fire Type and Extinguishing Agent 29 Table 9.1: Repair and Reporting Requirements for Access Breaches 31 Table 9.2: Fence Specifications 32 Appendices Appendix IV -A: Alternate Daily Cover Manufacturer's Information 2oc) 7 This document is released for the purpose of review only under the authority of Michael W. Oden, P.E. # 67165. It is not to be used for bidding or construction. For pages tlu-u 8 V, City of Corpus Christi » July 2007 Cefe VaIenzuela Landfill - SOP Version 1 1.0 Introduction The City of Corpus Christi's Cefe Valenzuela Landfill (Facility), Municipal Solid Waste Permit 2269, is located in Nueces County, 14 miles southwest of Corpus Christi's City Hall, at the intersection of Farm to Market 2444 and County Road 20. The coordinates and elevation are: Latitude 27° 38' 12" N, Longitude 97° 34' 05" W, and Elevation 46.07 feet above mean sea level (msl). The Cefe Valenzuela landfill property covers 2,273.59 acres. The layout will include the construction of two Type 1 municipal solid waste landfill units, which combined measure approximately 810 acres. This Site Operating Plan (SOP) is a modification to the currently approved permit 2269, and is designed to bring the SOP into conformance with rule changes that became effective in March 2006 by the Texas Commission on Environmental Quality (TCEQ). The landfill is owned by the City of Corpus Christi (City). The City is responsible for day-to-day landfill operations using both contract operators and City personnel. This Site Operating Plan (SOP) is intended to provide guidance from the design engineer to the site management and operating personnel. It will facilitate site operations in compliance with applicable TCEQ regulations and current standards of practice in the industry, compatible with the design of the facility. This Plan will serve as a reference source and is to be used as a training tool for landfill personnel. The contents of this SOP are consistent with the current permit and its supporting documents, except for portions which revisions are necessary to comply with the current SOP rules. The intent of this modified SOP is to provide additional detailed information as required under Subchapter D of 30 TAC §330. City of Corpus Christi 3 Cefe Valenzuela Landfill - SOP July 2007 Version 1 1.1 Description of On -Site Facilities The facility includes an approximately 810 acre Type 1 MSW disposal area which will be developed in several phases as described in the Site Development Plan. Several buildings will be Located on site to serve several functions including an administrative building, maintenance building, scale and scale house and other facilities to service the landfill's operations. City of Corpus Christi Cefe Valenzuela Landfill - SO? 2 July 2007 Version 1 e OF r.,:111, a). Oa- . -- o,ttiZ r 2-°8-7A da �Yy[ e MICHAEL W. QDEN ail 1!) E 1 aabe�anaxcswtiooe 13 vp. 67165 kidj 2.0 Recordkeeping Requirements ti �4��compliant with the recordkeeping requirements of 30 TAC § 330.125, the City of Corpus Christi keeps an organized library consisting of a copy of the facility permit, the site development plan, the site operating plan, the final closure plan, the landfill gas management plan, and any other plans required by permit along with all issued modifications, and any temporary authorizations granted. The table below lists the filing location of the records, areas/groups, document type, and site location of the records. Table 2.1.; Recordkeeping Requirements Document Type Site Location of Records Frequency of Submittal to Site Operating Record (see Note 1) Regulatory Reference Landfill Permit Landfill Office Permit Application — no additional submittals required §330.125(a) Site Development Plan Landfill OfficePermit Application - no additional submittals required §330.125(a) Site Operating Plan Landfill OfficePerm€t Application - no additional submittals required §330.125(a) Final Closure Plan Landfill Office Permit Application no additional submittals required §330,125(a) Post -closure Maintenance Nan Landfill Office Permit Application --no additional submittals required §330125(x) Landfill Gas Management Plan Landfill Office Permit Application — no additional submittals required §330,125(a) Location Restriction Demonstrations Landfill Office Permit Application — no additional submittals required §330125(b)(1) Inspection Records Landfill Office within 7 working days of completion §330.125(b)(2) Training Procedures Landfill Office Annually §330,125(b)(2), §330125(f) Notification procedures relating to excluding the receipt of prohibited waste Landfill Office As required §330.125(b)(2) Gas Monitoring Results and Remediation Plans Landfill Office Quarterly §330.125(b)(3) Leachate or Gas Condensate placement and unit design documentation Landfill Office As constructed §330.125(b)(4) Groundwater Monitoring documentation Landfill Office Quarterly / Semi-annually §330,125(b)(5) City of Corpus Christi Cefe Valenzuela Landfill - SOP 3 August 2007 Version 2 Closure and Post -closure Care Plans and related data Landfill Office Permit Application — no additional submittals required §330125(b)(6) Cost Estimates and Financial Assurance Documentation Landfill Office Annually §330.125(b)(7) Compliance with small community exemption criteria N/A NIA §330'125(b)($) Copies of correspondence relating to the operation of the facility Landfill Office As required §330.125(b)(9) Copies of correspondence relating to modifications to the permit, approbals of matters Landfill Office As required §330,125(b)(9) Documentation of receipt of any special wastes Landfill Office As required §330,125(b)(10) Records of spray -applied ADC Landfill Office As required §330.125(b)(11) Other documents Landfill Office As required §330,125(b)(12) Note 1: All documentation and data will be placed in the Site Onerating Record within 7 days of completion or receipt of data, as appropriate Disclosure Statement,: "In addition to the records mentioned above, the City of Corpus Christi reserves the right to add more documents to the library in order to optimize the landfill operations, If the City of Corpus Christi decides to add documents to the document library then the table listing the filing location of the records, areas/groups, document type, and site location of the records will be updated and added to Section 1 of the SOP." All information contained in the SOP records will be furnished to the TCEQ upon request and will be made available at all reasonable times for inspection. The operating record as described in this section, plus any other related operational plans, or documents will generally be maintained at the landfill office. 2.1 Breach Related Reporting & Records In the event of an access breach, notice will be given to the TCEQ's regional office to document when a breach has been identified and when a repair is completed, if a repair is necessary, and if the repair is not completed within eight hours, The TCEQ' s regional City of Corpus Christi Cefe Valenzuela Landfill - SOP 4 August 2007 Version 2 office will be notified of the breach within 24 hours of detection. The breach will be temporarily repaired within 24 hours of detection and will be permanently repaired by the time specified to the TCEQ regional office when it was reported in the initial breach report. If a permanent repair can be niade within eight hours of detection, no notice will be submitted. A copy of these notices will be retained in the operating record in accordance with 330.131(b)(9). 2.2 Fire Incident Reporting & Records After any waste related fire occurs on-site that cannot be extinguished in ten minutes, the City will contact the TCEQ regional office. The notification will include: contact by telephone as soon as possible, but no later than 4 hours following fire discovery, and a written description of the cause and extent of the fire and the resulting fire response within 14 days of fire detection. The following agencies or personnel will be contacted: ■ Fire -- 911 ■ Landfill Manager — Landfill Office ✓ TCEQ Regional Office 2.3 Final Cover Reporting and Records As final cover is applied to the landfill, a log will be maintained of area covered, date applied, thickness and activities and management practices. Any damage to the cover, including anticipated repairs will be reported to the TCEQ and repaired within five days. 2.4 Waste Inspections and Unauthorized Waste Reporting The Landfill Manager will maintain and include in the site operating record the following reports: (1) load inspection reports, (2) records of regulated hazardous or PCB waste notifications, and (3) personnel training records. The report will include the date and time of the inspection, the name of the hauling company and driver, the type of vehicle, the size and source of the load, contents of the load, indicators of prohibited waste and the results of the inspection. A record of any removal of unauthorized material will be maintained in the site's operating record. City of Corpus Christi 5 August 2007 Cefe Valenzuela Landfill - SOP Version 2 2.5 Long Term Record Keeping The City will retain all information contained within the Operating Record and the different plans required for the facility for the life of the facility including the post -closure care period. Once the landfill closes, the records will be maintained at the Department of Streets and Sanitation Office. 2.6 Groundwater Evaporation Ponds Operations of dewatering activities using evaporation ponds may be present during and after cell construction. Inspections of the ponds will be conducted monthly to ensure perimeter berms are intact, in good condition and functioning to contain evaporation waters within the pond areas. Documentation of the inspections will be included with inspection records. Inspections of the ponds when not in use, removed or relocated will be noted as part of the inspection procedure and record. City of Corpus Christi 6 Revised Cafe Valenzuela Landfill - SOP July 2010 This page intentionally left blank. City of Corpus Christi Cefe Valenzuela Landfill - SOP 7 August 2007 Version 2 3.0 Waste Acceptance Rates As per the waste acceptance rate requirements of 30 TAC 330.125(h) and 330.675, the City of Corpus Christi is required to perform quarterly reporting to the TCEQ. The waste acceptance rate monitoring is intended to ensure that the facility's operations continue to be adequate when waste acceptance rates increase. Whenever the annual waste acceptance rate as established by the sum of the previous four quarterly summary reports exceeds the annual waste acceptance rate estimated in the permit application, and the waste increase is not due to a temporary occurrence, the City of Corpus Christi will file an application to modify the permit within 90 days of the exceedance. Once the quarterly waste acceptance rates are calculated then an average annual waste acceptance rate will be calculated. Data will be generated from actual scale data. Tlie average is based on quantities accepted at the landfill divided by the actual number of operating days waste is accepted during the reporting period. If an exceedance of the .annual waste acceptance rate occurs, the following provision of the SOP will be evaluated and modified as necessary. • Number of operating personnel • Number and types of equipment • Waste compaction procedures • Odor prevention plan and control • Unloading of waste procedures • Waste screening procedures • Control of windblown waste and litter • Soil management, placement, and compaction of daily, intermediate and final cover • Other SOP provisions, as necessary 3.1 Projected Waste Acceptance Rates The table below presents a projection of estimated waste acceptance rate based on an assumption that after 2010 the waste accepted per year will increase at 1.5% per year. City of Corpus Christi Cefe Valenzuela Landfill - SOP s August 2007 Version 2 Projected Waste Quantities shown in Table 3.1 are consistent with the previously approved permit for the Cefe Landfill. Table 3.1: Projected Waste Quantities Year Tons/Year Tons/DayAnnual % Increase 2003 428,127 1385 - 2004 441,196 1427 3.0 2005 449,446 1454 1,9 2006 426,420 1380 -5.1 2007 432,816 1401 1.5 2008 439,309 1422 1.5 2009 445,898 1443 1.5 2010 452,587 1465 1.5 2011 459,375 1487 1.5 2012 466,266 1509 1.5 2013 473,260 1532 1.5 2014 480,359 1555 1.5 2015 487,564 1578 1.5 2016 494,878 1602 1.5 2017 502,301 1626 1.5 2018 509,836 1650 1,5 2019 517,483 1675 1.5 2020 525,245 1700 1.5 2021 533,124 1725 1.5 2022 541,121 1751 1.5 2023 549,230 1777 1.5 2024 557,476 1804 1.5 2025 565,838 1831 1.5 Based on a 309 day year and annual population growth of 1.5%, Quantities for 2003 to 2006 are based on City records. To determine if the projected waste quantity has been exceeded, each year the previous four quarterly waste quantities (calculated) will be compared to the projected waste quantities in Table 3.1. City of Corpus Christi 9 August 2007 Cefe Valenzuela Landfill - SOP Version 2 490 Types of Landfill Personnel 4.1 Organizational Chart The chart below represents the Cefe Valenzuela Organization Chart. Cefe VaIenznela Organization Chart The City may contract with private entities to perform certain activities at the landfill. The City understands it is responsible for all regulatory requirements of the permit regardless of whether the contractor is responsible for performing specific duties. City of Corpus Christi 10 July 2007 Cefe Valenzuela Landfill - SOP Version 1 4,2 Key Personnel Job Description The City of Corpus Christi is required to provide a job description for each position held by key personnel on site. The list below presents a description for each key position listed in the Cefe Valenzuela Organizational Chart. Director of Streets and Solid Waste: The Director of Streets and Solid Waste (SSW) is ultimately responsible for the overall site management. The contact person for matters related to regulatory compliance is the Director of SSW. Assistant Director of Solid Waste: The Assistant Director of Solid Waste directs and oversees the overall management and operation of the Solid Waste Services Department. The Assistant Director is responsible for the following: • conducts short and long term planning associated with the collection and disposal of municipal waste; • supports and facilitates the coordination and scheduling of personnel, materials and equipment; • prepares and oversees the department division operating budget, capital outlay, revenues, and fiscal programs; o prepares written reports, documentation, technical data/reports, agenda memoranda on various solid waste issues; and 6 prepares and delivers oral presentations on the Division's aspects of Solid Waste Services operations. Landfill Manager: Under the general direction of the Assistant Director of Solid Waste Services, the Landfill Manger administers the facility's SOP. The Landfill Manager is responsible for assuring that adequate personnel and equipment are available to provide efficient and compliant operations in accordance with the Site Development Plan (SDP), the SOP, and the TCEQ rules and regulations. The Landfill Manager will serve as the emergency coordinator during all site emergencies. The duties of the Landfill Manager may be City of Corpus Christi t July 2007 Cefe Valenzuela Landfill - SOP Version 1 assigned to a qualified alternate individual in the event the Landfill Manager is away from the facility. The landfill manager's qualified designee, who must be an employee from a position shown on the organizational chart and who must have the equivalent training as the Landfill Manager shall act on behalf of the Landfill Manager with the same authority and responsibilities required for that position. In addition, the Landfill Manager may conduct random inspection of vehicles for prohibited wastes. Chief Landfill Foreman: The Chief Landfill Foreman monitors landfill operations which include: environmental activities such as management of leachate, condensate, methane collection, and methane flaring; supervises and monitors landfill personnel and equipment; and schedules and manages services for equipment and vehicles. Gate Attendants: The Gate Attendants primarily responsibility is to visually inspect the waste loads for unauthorized wastes and maintain complete and accurate records of loads rejected. The Gate Attendants will also direct traffic at the entry gate to the landfill to assure a steady flow of traffic and minimize the possibility of any potential traffic accidents. In addition, Gate Attendants may conduct random inspection of vehicles for prohibited wastes. Equipment Operators: The equipment operators are responsible for the safe operation of both light duty and heavy equipment, which is required to operate the landfill. These employees are responsible for being alert for potentially dangerous conditions, including careless and improper actions of other employees and other authorized persons at the site. The equipment operators general area of responsibilities include, but not limited to, overseeing unloading of waste from vehicles; detecting the presence of unauthorized waste, general site maintenance, construction activities, litter abatement, and site clean up. The equipment operators will intervene as necessary to prevent accidents and report unsafe conditions immediately to the Landfill Manager and /or designee. In addition, Equipment Operators may conduct random inspection of vehicles for prohibited wastes. City of Corpus Christi 12 July 2007 Cefe Valenzuela Landfill - SOP Version 1 7 SQ.,'"" -t t it (Lew 8-7-1-2'? l ZZ -2'? ,c3 um-poua►elo' 02e0 01:�01 ''-17:::"":0:071:;-0,4.5 ::: B zt Laborers/Spotters: d`41��� ��V��4w Landfill laborers are responsible for overall site maintenance including litter pick up, general site maintenance, and, in certain instances, waste screening. Some, but not all, laborers on site will be trained to conduct waste screening. 4.3 Key Personnel Minimum Qualifications Criteria The City of Corpus Christi is also required to provide a description of the minimum qualifications for each position held by key personnel located on site, including City and current contractor personnel. The following Table 4.1 shows minimum personnel training and qualifications. Table 4.1 Personnel Types and Descriptions Position Training Director of Streets and Solid Waste* Must hold and maintain MSW Supervisor Occupational license Grade A or be able to obtain one within one year of hire. Minimum of five years experience in the field of solid waste management. Assistant Director of Solid Waste* Must hold and maintain MSW Supervisor Occupational license Grade A or be able to obtain one within one year of hire. Minimum of five years experience in the field of solid waste management. Complete training in site safety, fire protection and waste screening, Landfill, Manager* Must hold and maintain MSW Supervisor Occupational license Grade C within 1 year of hire, Minimum three years solid waste or related regulatory experience. Complete training in site safety, fire protection. Chief Landfill Foreman Must hold and maintain MSW Supervisor Occupational license Grade C within 1 year of hire. Complete training in site safety, fire protection. Gate Attendant Waste screening training, 40 -hour HAZWOPR within 1 year of hire, Equipment Operator Waste screening training, 40 -hour HAZWOPR within 1 year of hire. Laborer/Spotter Waste screening training, 40 -hour HAZWOPR within 1 year of hire. *These personnel will have other duties within the department. 'The Landfill Manager's designee must possess a license (Class A, B, or C) issued in accordance with Chapter 30, Subchapter F. The City does intend to periodically contract with private firms to operate portions of the landfill. Private operators must demonstrate qualifications criteria for equivalent positions described in this section. City of Corpus Christi 13 August 2007 Cefe Valenzuela Landfill - SOP Version 2 4.4 Projections of Personnel as a Function of Waste Acceptance Rates The table below lists the types and required staff compared with the waste acceptance rates. The intention of this projection is to make sure that enough qualified personnel are present for the varying levels of waste acceptance. Table 4.2: Landfill Disposal Operations Staffing Requirements Personnel 1 `1000 TPD 1001— 2000 TPD 2001.3000 TPD 3001-4000 TPD Director of Streets and Solid Waste 1 1 1 1 SSW Assistant Director 1 1 1 1 Landfill Manager 1 1 1 1 Chief Landfill Foreman 1 1 1 1 Equipment Operators 3 3 4 4 Gate Attendants 2 3 3 4 Laborers/Spotters 3 4 5 6 City of Corpus Christi 14 July 2007 Cefe Valenzuela Landfill - SOP Version I 5.0 Types of Equipment As per the "Types of Equipment" requirements of 30 TAC §330.127(2), the City of Corpus Christi is required to list and discuss in the SOP the description, sizes, types, numbers, and functions of the equipment to be used at the facility. The City's contractor is required to handle the incoming waste after it has been accepted and screened by the City. The waste will be pushed to the proper location and compacted to achieve the desired density and waste elevations. The contractor is also responsible for covering the waste at the end of the day. The table below lists the types of equipment used in day-to-day operations according to the waste acceptance rate. The intention of this list is to anticipate the amount of equipment necessary in the event that an increase in waste acceptance occurs. Table 5.1: Minimum Equipment per Waste Acceptance Rate Equipment1-1000 TPD 1001 -2000 TPD 2001-3000 TPD 3001 —4000 TPD Landfill Compactor > 100,000 lbs 2 2 2 3 Bulldozers CAT D6 or Equivalent 2 3 3 4 Excavator 180 hp or equivalent 1 1 1 1 Articulating Truck CAT 725 or equivalent 2 2 3 3 Motor Grader 145 hp or equivalent 1 1 1 1 Front End Loader 140 hp or equivalent 1 1 1 1 Tractor Mower 1 1 1 1 Pickup Truck (various models) 2 2 2 3 Fuel Truck 1 1 1 1 Water Truck 1000 gallon or equivalent 1 1 1 1 Water Pump 1 1 1 1 City of Corpus Christi 15 Cefe Valenzuela Landfill - SOP July 2007 Version 1 The following generally describes the functions of the heavy equipment listed in Table 5.1 above. El Dozer/loader — removing, replacing, moving daily and intermediate cover soils; repair levees and berms, building and repairing roads ® Excavator — general excavation work; excavating for cover soil (daily and interim) HI Dump trucks — transporting cover soil • Compactor — compacting waste and cover ® Water truck — dust control; transporting leachate; supplemental watering ® Scraper —moving gravel and soils for daily and intermediate cover soils, levees and berms. m Motor grader — building and repairing on-site roads and drainage features gi Tractor Mower — site maintenance, grass cutting al Water Pump — operating leachate collection system and for managing areas where water ponding may occur on the site. Disclosure Statement "In addition to the above list, miscellaneous pickups, vans, and other light utility vehicles as well as various pumps, instruments, and safety and training equipment will be on-site as necessary for operational efficiency. At infrequent times, such as during equipment breakdown or periodic maintenance, some pieces of equipment may not be immediately available." City of Corpus Christi 16 July 2007 Cele Valenzuela Landfill - SOP Version 1 6.0 Personnel Training As per the "Personnel Training" requirements specified in 30 TAC § 330.127(4), the City of Corpus Christi is required to provide training and keep track of the personnel training records necessary to ensures the facility's compliance with rule requirements. Training and safety meetings will be scheduled at least once per month. If a regularly monthly meeting is cancelled, it shall be rescheduled or combined with the scheduled training the following month. Records of personnel attending each training session and the topics covered will be maintained at the site. The training will be provided by qualified personnel. Topics for training may vary each month but must be conducted at least annually for: 1. Fire protection, prevention and evacuation 2. Fire extinguisher use 3. Asbestos waste management 4. Emergency response 5. Litter control and windblown waste pick-up 6. Hazardous waste management and PCB waste detection and control 7. Prohibited waste management 8. Properties of methane gas and safety procedures for methane gas 9. Additional training for job specific activities as needed 10. Safety 11. Random inspection procedures Facility personnel must take part in an annual review of their training in accordance with 335.586 (c). The Landfill Manager will review each employee on an annual basis to see that adequate training is held to maintain the required licenses and that training in site safety and waste screening is provided at least annually. As per 30 TAC 335.586(a)(2), the training program will include — at minimum — procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; communications or alarm systems; response to fires or explosions; response to ground -water contamination incidents; and shutdown of operations. City of Corpus Christi 17 July 2007 Cefe Valenzuela Landfill - SOP Version 1 7.0 Detection and Prevention of Disposal of Prohibited Waste As per the "Detection and Prevention of Prohibited Waste, Hazardous Waste, and PCBs" requirements specified in 30 TAC §330.127(5), the City of Corpus Christi is required to have a protocol to exclude prohibited waste, including hazardous waste, PCBs, and waste listed in §330.15(e). Prohibited waste includes but is not limited to lead acid batteries, used motor vehicle oil, used -oil filters from internal combustion engines, whole used or scrap tires, items containing chlorinated fluorocarbons (CFCs) unless all the CFCs contained within the item have been properly managed, liquid waste as defined in TAC §330.3 (relating to definitions), regulated hazardous waste as defined in TAC §330.3 (relating to definitions), polychlorinated biphenyl (PCB) waste, as defined under 40 Codes of Federal Regulations part 761, and radioactive material as defined in TAC §336. 7.1 Control of Incoming Waste Incoming waste will be controlled in three ways to preclude the inadvertent receipt of prohibited wastes. First Level of Control consists of informing the customers that make inquiries via phone or in person of the types of waste accepted at the landfill. Screening of waste will also take place at the transfer station prior to waste from this location being hauled to the landfill. Second Level of Control consists of informing key personnel at the landfill of the typical characteristics of these prohibited wastes. Key personnel will be trained according to the "Personnel Training" requirements listed in Section 6 of this SOP. Personnel from both the City of Corpus Christi and the current contractor are instructed to contact the Landfill Manager or his designee on duty if prohibited material is detected anywhere on site. City of Corpus Christi 18 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Third Level of Control will be provided by the Landfill Manager, Gate Attendants, and Equipment Operators. Random inspections of a certain percent of vehicles entering the landfill will be made daily at the gate by landfill site personnel listed above, The percent of randomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected. The daily random inspections will be filed in the Site Operating Record. Fourth Level of Control will be provided by the Landfill Manager, and/or other qualified personnel at the working face. Random inspections of a certain percent of vehicles at the working face will be made daily by current contractor personnel, the percent of randomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected from the working face. Trucks will be selected via a random number sheet identifying the number of trucks entering the site each day before the random inspection(s) will be conducted. The daily random inspections will be filed in the Site Operating Record. If there is an incident involving the receipt or disposal of regulated hazardous waste or PCB waste at the Landfill, the ED and any local pollution agency with jurisdiction will be notified within two days of discovery, as required by §330.127(5)(D). Personnel shall be trained on an on-the-job basis by their supervisors related to acceptable and unacceptable wastes. Records of employee training on prohibited waste control procedures shall be maintained in the facility operating record. The personnel shall be trained to look for the following indications of prohibited waste: • Yellow hazardous waste on PCB labels • DOT hazard placards or markings • Liquids e 55 -gallon drums 9 85 -gallon overpack drums City of Corpus Christi 19 July 2007 Cefe Valenzuela Landfill - SOP Version 1 • Powders or dusts • Odor or chemical fumes ® Bright or unusual colored wastes o Sludges 7.2 Protocol for Random Waste Inspections The random inspections will be performed daily at the entry point to the landfill and at the working face. The purpose of the random inspections is to detect prohibited waste, hazardous waste, and PCBs that could potentially enter the site concealed within loads of authorized waste. The selection of loads for random inspection will exclude only waste in transfer vehicles that has already been screened. a All other vehicles will be included in the pool of loads for random waste inspections. However, if at any time an excluded vehicle outside the pool is found to have suspected waste within a load, the exemption status of that vehicle will become null and void, thereby subjecting it to random waste inspection consideration. STEPS FOR RANDOM WASTE INSPECTION Step One Direct the selected vehicle to the designated random waste inspection site. Step Two Qualified Personnel will inspect the load searching for signs of prohibited waste, hazardous waste, and PCB's that could potentially enter the site concealed within loads of authorized waste. The personnel performing the random waste inspection reserves the right to ask the driver to completely empty the load for a thorough examination, Step Three The results from the random waste inspections loads will be recorded Site Operating Record. Step Four In the event that a prohibited waste, hazardous waste, or PCB's is detected then the waste must be managed in accordance with Section 7.3 or 7.4 of this SOP. City of Corpus Christi 20 July 2007 Cefe Valetzuela Landfill - SOP Version 1 7.3 Management of Prohibited Wastes, Hazardous Wastes, and PCB's detected at the Entry Point of Cefe Valenzuela Landfill If a prohibited waste is discovered at the entry point of the landfill, the gate attendant shall immediately notify the Landfill Manager or its designee of the situation. The driver shall be advised that the waste cannot be accepted and where the waste may be disposed of legally. He or she shall be responsible for the proper disposal of this rejected waste. Gate attendants will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record. 7.4 Management of Prohibited Wastes, Hazardous Wastes, and PCBs detected at the Working Face If a prohibited waste is discovered at the working face, personnel at the working face shall immediately notify the Landfill Manager or its designee of the prohibited waste location and actions taken. Prohibited wastes that are not discovered until after they have been unloaded shall be returned to the vehicle that delivered the waste. The driver shall be advised where the waste may be disposed of legally and he or she shall be responsible for the proper disposal of this rejected waste. Personnel at the working face or other personnel assigned by the Landfill Manager or its designee will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record. In the event that the unauthorized waste is not discovered until after the vehicle that delivered the waste is gone, the waste shall be segregated and controlled as necessary. An effort shall be first made to identify the entity that deposited the prohibited waste and have them return to the site and remove the waste. In the event that identification is not possible, the Landfill Manager will notify the TCEQ and seek guidance on how to dispose of the waste as soon as possible. The Landfill Manager or its designee will enter the incident in the Site Operating Record. City of Corpus Christi 21 July 2007 Cefe Valenzuela Landfill - SOP Version 1 7.5 Large litems Containing CFCs Large items containing CFCs will be kept separate from the working face. A licensed contractor will be responsible for removing CFCs in accordance with 40 CFR §82.156(1). Once CFCs are removed, the appliances can be either recycled or disposed as a large item in accordance with procedures defined in section 17.0 of this SOP. City of Corpus Christi 22 July 2007 Cefe Valenzuela Landfill - SOP Version 1 8.0 Fire Protection Plan As per the "Fire Protection" requirements specified in 30 TAC § 330.129, the City of Corpus Christi is required to have fire protection procedures in place to protect the safety of the employees, protect the environment, and minimize damage to the integrity of the site and structures. 8.1 Preventive Actions The following steps must be taken by designated landfill personnel as precautionary measures to prevent fires: ▪ Landfill personnel will take the necessary steps to prevent facility access to wastes that might present a fire hazard o Fuel spills must be contained and cleaned up immediately ▪ No smoking will be allowed in prohibited areas and other areas that have not been specifically designed for smoking • A stock pile of soil will be kept at the working face to be used as a fire control measure in case a fire occurs in the working face or adjacent areas. The open burning of solid waste, except for the infrequent burning of waste generated by on-site land cleaning operations or emergency clean-up operations as authorized by the TCEQ is prohibited at the site. Unattended landfill equipment will not remain in the active area of the site overnight. Additionally, fuel spills will be contained and cleaned -up in a timely fashion. Dead trees, brush or heavy vegetation will be moved at least 100 feet from the limits of the waste, and grass and weeds around the limits of waste will be moved so that forest, grass or brush fires cannot spread to the landfill. City of Corpus Christi 23 duly 2007 Cefe Valenzuela Landfill - SOP Version l 8.2 Fire Protection Training All employees shall receive fire protection training regarding the provisions of this Fire Protection Plan. A review of fire control measures for all landfill personnel shall be conducted on an annual basis. At a minimum, each landfill employee shall receive training regarding the following: ® Fire prevention al Procedures to follow to respond to fires Fire fighting techniques ▪ The use and limitations of fire extinguishers ▪ When and who to contact in case of an emergency • Other methods for fire control and prevention 8.3 General Rules for Fire Incidents ▪ Contact the Fire Depaituient by calling 9-1-1. The City's Fire Department is approximately 3.5 miles away and ready to respond if necessary. • Alert other facility personnel. • Assess the extent of fire, possibilities for the fire to spread and alternatives for extinguishing the fire. • Proceed to attempt to contain or extinguish the fire only if it appears that the fire can be safely extinguished with available fire fighting devices and personnel. • Do not attempt to fight a fire alone; always wait for back up personnel to arrive. • Do not attempt to fight a fire without adequate personal protective equipment. • Upon the arrival of the Fire Department, direct Fire Fighting personnel to the fire and inform them of the actions taken. 8.4 Specific Fire Fighting Actions • If a fire occurs on a vehicle or piece of equipment, then the first step is to bring the vehicle to a safe stop and isolate it. If the situation allows, the vehicle must be parked away from any fuel sources, uncovered solid wastes, personnel and vehicles. Shut off the engine, engage the brake, or use some other appropriate method to prevent subsequent movement of the vehicle. City of Corpus Christi 24 July 2007 Cefe Valenzuela Landfill - SOP Version 1 ® If the fire is in the "working face" the burning area should be isolated and contained, Soils should be directly placed on the fire to prevent additional oxygen from feeding the combustion. If this is not possible or is unsafe, then attempt to cover the work face with additional soils, alternate fire mitigation materials or water spray. A common fire fighting method at landfills include covering the area in question with a significant amount of soil so as to prevent any more oxygen from feeding the combustion. Also, water could be sprayed from the water truck to help extinguish the fire or prevent it from spreading. If a fire is detected early enough, then a small fire may be fought with a hand held extinguisher. Fire extinguishers will be located at the Gatehouse and on each piece of operating equipment. 8.4.1 Stockpiling Fire -Fighting Materials Generally, the fire -fighting technique that can be quickly employed to fight a landfill fire is smothering with soil. The faster stockpiled soil can be placed over the fire, the more effective this method will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2,300 feet of the working face as an aid to fighting fires. A typical fire control stockpile is made up of one day's worth of daily cover material. Based on the maximum working face size of 150' by 150', a total of approximately 417 cubic yards of soil will be available within 2,300 feet. This amount of soil will vary depending on the quantities of waste accepted at the site. Only one area of the landfill will typically be open at any given time. During wet weather conditions, a wet weather operating area will be maintained, but the normal working area will not be open at that time. During cell transition periods, it may be necessary to operate two areas at the same time. This will be a short-term condition. Trained staff will be located at both areas. Each quarter, the Landfill Manager will evaluate waste acceptance at the site, and based on the largest quantities accepted per day, establish a stockpile quantity for the next City of Corpus Christi 25 July 2007 Cefe Valenzuela Landfill - SOP Version 1 quarter. The calculation will be made by multiplying the active working face area times .5 feet (cover thickness) divided by 27 cubic feet to detennine cubic yards of stockpile. The landfill water truck will also be available on-site for fire fighting. Sufficient equipment is available on site to provide a minimum of six inches of soil over the working face in the event of a fire; however, this is not always deemed to be the most appropriate method for fire control. Under most circumstances, when the fire is limited to a small area of the site, material that is on fire will be removed from the working face to limit the size of the fire. Once removed, the fire can be extinguished using soil, fire extinguishers, or water from the water truck. If the fire becomes too large for control using these methods, the fire department will be notified immediately. Below is a calculation of the City's ability to place six inches of material over the maximum working face of 150' x 150'. Calculation Assumptions: Amount of soil required = surface area (150'x150') * cover thickness (.5') = 417 cubic yards 20 cubic yards per load (average) = 20.85 loads (11 per truck) 10 miles per hour average (includes loading and unloading time) — 880 feet / minute 11 loads @ 2,300' * 2 way = 50,600 ft / 880 ft per minute = 57.5 minutes which is less than the required 60 minutes. The staff will be trained upon hire and annually in fire protection and containment techniques and will be advised of the procedural listing in this document. Sufficient material will be available for fire prevention and to assist in extinguishing a fire if one should occur. The projected maximum size of the working face will vary with throughput. The working face sizes will be limited to the following sizes under normal site operations. The ranges represent the size of the working face including the wet weather area. City of Corpus Christi 26 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Table 8.1: Maximum Size of Working Face & Wet Weather Area Tons per day Maximum Square Feet of Working Face 1 - 100 2,500 101 - 1,000 10,000 1,001 - 2,000 22,500 2,001 - 3,000 40,000 Under normal working conditions, only one area will be allowed for disposal of municipal solid waste. During wet weather conditions, a designated wet weather area will be used. The maximum size of the wet weather area will correspond to the size of the normal working face. A trained employee staff (equipment operator or spotter) will monitor the working face during disposal operations. 8.5 Operational Activities that Store, Process, or Dispose of Combustible Materials Fueling Tank Operation: The City of Corpus Christi owns a 10,000 gallon fuel tank used for the fueling of heavy equipment vehicles servicing the landfill and surrounding City properties. 8.6 Fire Fighting Equipment Facility equipment will include fire extinguishers, a water truck with powered spray capability, earth moving equipment, and a water pump. A fire extinguisher shall be placed at all buildings on site, on each piece of heavy equipment, and at the fueling station. Each extinguisher shall be inspected at least annually and recharged as necessary. The site will have a bulldozer and earth moving equipment, either a scraper and/or excavator and dump truck, and water pump available for fire fighting purposes. The bulldozer will be available for spreading soil over the burning waste and for dispersing any incoming load that is on fire. The scraper or excavator and dump truck will provide cover soils for covering burning waste and for transferring extinguished and cooled loads for disposal. The water truck may be used for dumping or spraying water on fires. The City of Corpus Christi 27 July 2007 Cefe Valenzuela Landfill - SOP Version I water pump may be used for loading water into the water truck or for pumping water directly onto a fire. 8.7 Hot Loads Burning waste will not be unloaded in the active area of the landfill. After the gate attendant, equipment operator, or other site personnel have identified signs of a possible load of burning waste or a hot load, the truck will be directed to a pre -designated portion of the landfill away from the working face, fuel areas, and other combustion sources. The waste will be unloaded and the water truck will water down the waste. The bull dozer may smother the fire with soil if the water does not sufficiently extinguish the fire. The waste will then be inspected for signs of fire or hot spots. When the fire has been extinguished and the waste has been cooled, the waste will then be transferred to the landfill active area and disposed. 8.8 Equipment Cleaning Limited high pressure hot water or steam will be used to remove combustible waste and caked material that can cause equipment overheating and increase the threat of fire. The cleaning will be limited to equipment used primarily on the working face and will be accomplished in an area that was constructed in a manner that is compliant with Subtitle D requirements. There is no limit on the number of times cleaning can occur. 8.9 Fire Protection Standards The City of Corpus Christi adopted the "2003 edition of the International Fire Code" as the Fire Prevention Code Section of the City Code of Ordinance. 8.10 Different Types of Fires The table below describes the four common types of fires and the proper extinguishing agent to use in each case. City of Corpus Christi 28 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Table 8.2: Fire Type and Extinguishing Agent Tire Type Characteristics Extinguisher Type Class A Fire Wood, paper, textiles, and other ordinary combustibles. Class A or ABC Extinguisher: Uses water, water-based chemical, foam, or multi-purpose dry chemical. A strictly Class A extinguisher contains only water. Use Class B Fire Flammable liquids, oils, solvents, paint, grease, etc. Class ABC or BC Extinguisher: Uses foam, dry chemical, or carbon dioxide, to put out the fire by smothering it or cutting off the oxygen. Class C Fire Electrical, live or energized electric wires or equipment, Class ABC or BC Extinguisher: Uses foam, dry chemical, or carbon dioxide to put out the fire by smothering it or cutting off the oxygen. Class D Fire Combustible metals (magnesium, titanium, potassium, etc.) Class D Extinguisher: Uses dry powder or other special sodium extinguishing agents. City of Corpus Christi 29 July 2007 Cefe Valenzuela Landfill - SOP Version 1 9.0 Access Control As per the "Access Control" requirements specified in 30 TAC § 330.131 all municipal solid waste management facilities must control access. The City of Corpus Christi is required to have adequate access control to prevent unauthorized waste disposal. Public access to the landfill is limited to one main entrance/exit located on CR 20, The Gate Attendants will control access and monitor all vehicles entering and exiting the site. 9.1 Access from Public Road Access to the site will be controlled at the main site entrance/exit. A site entrance sign is prominently displayed adjacent to the main entrance. There is also a gate located at the entrance to the facility. This gate is locked when the facility is not in operation. 9.2 Vehicle Access Landfill vehicles and waste vehicles will have access to the active portion of the landfill. All visitor vehicles not related to waste hauling activities are required to sign -in at the gatehouse and are then directed to go to the landfill office to discuss the nature of business with the Landfill Manager. The Landfill Manager reserves the right to accept or deny entry if they feel that the visitors presence or intended activity might hinder the overall landfill performance. 9.3 All Weather Access The main site entrance at CR20 is paved asphalt roadway that transitions into all-weather roads in the interior of the site. Site personnel maintain the caliche roads for all —weather access. The entrance road to the facility from CR20 and interior access roads within the site are all-weather roads. The all-weather road and access area should be constructed of caliche, limestone, concrete or asphalt. A "pad" may be constructed near the disposal area so that vehicles will have maneuverability to dispose of the waste at the working face during wet weather. The materials used for all-weather road construction may be salvaged and reused as the access roads locations change across the site. City of Corpus Christi 30 July 2007 Cele Valenzuela Landfill - SOP Version 1 9.4 Traffic Control The Gate Attendant will restrict site access only to authorized vehicles and will direct the traffic to the corresponding disposal area. Most commercial waste transportation will be weighed at the scales and then directed to the active portion of the landfill. Most non- commercial waste transportation vehicles will be directed where to go by the Gate Attendant or by the different signs placed on site. Site personnel, signs, and barricades will be used to control traffic flow and to expedite safe movement of vehicles. 9.5 Site Security and Access Control Breach Site security measures are designed to prevent unauthorized persons from entering the site, to prevent unauthorized disposal, to protect the facility and its equipment from potential damage caused by trespassers, and to prevent disruption of facility operations caused by unauthorized site entry. If an access breach is detected and the repairs take up to 8 hours after first discovery, then the TCEQ does not need to be notify of the incident. However, the incident will be recorded in the Site Operating Record as a non -reportable incident. If an access breach is detected and the repairs are anticipated to take more than 8 hours after first discovery, then the TCEQ must be notified of the incident. Furthermore, the incident will be recorded in the Site Operating Record as a reportable incident. The following table summarizes the repair and reporting requirements for access breaches repaired within 8 hours and not permanently repaired in 8 hours. Table 9.1: Repair and Reporting Requirements for Access Breaches Requirements If an Access Breach occurs and it can be repaired within 8 hours If an Access Breach occurs and it cannot be permanently repaired in 8 hours Then, notification to TCEQ regional office of breach and repair schedule... Is Not required Is required within 24 hours Then, temporary repairs must be completed... Do not apply Within 24 hours City of Corpus Christi Cefe Valenzuela Landfill - SOP 31 July 2007 Version 1 Requirements If an Access Breach occurs and it can be repaired within 8 hours If an Access Breach occurs and it cannot be permanently repaired in 8 hours Then, permanent repairs must be completed... Within 8 hours Within the schedule submitted to TCEQ regional office in the initial notice Then, notification to TCEQ regional office when permanent repair is completed... Is Not required Is required within the schedule submitted to TCEQ regional office in the initial notice 9.6 Site Fencing An appropriate fence will be maintained in areas where natural barriers are not available to prevent public access to the facility. The types, sizes and performance specifications for the fences are listed in table below. Table 9i: Fence Specifications Type of Fence performance Specifications Location of Fence Galvanized Wire Fence 5 feet high, 14 Gauge, consisting of 2"x 4" Galvanized Wire Fence Perimeter Fence Galvanized Wire Fence 8 feet high, 14 Gauge, consisting of 2"x 4" Galvanized Wire Fence Containment Fence City of Corpus Christi 32 July 2007 Cefe Valenzuela Landfill - SOP Version 1 10.0 Unloading of Waste As per the "Unloading of Waste" requirements of 30 TAC § 330.133, the City of Corpus Christi is required to have a protocol pertaining to the unloading of wastes. The unloading of solid waste must be confined to as small an area as practically possible, the maximum allowable working face area will be 40,000 ft2. Trained personnel will be available to monitor each load that is disposed of in the working face. 30 TAC § 330.133 gives the facility staff the authority and responsibility to reject unauthorized loads and have unauthorized material removed from the working face. A record of unauthorized material removed from the working face will be entered in the Site Operating Record. Trained personnel refers to the Landfill Manager, landfill foreman, equipment operators and laborers with waste screening training which will monitor the incoming waste at the working face. These personnel will be familiar with the rules and regulations governing the various types of waste that can or cannot be accepted into the facility, including knowledge of 30 TAC § 330.171. The personnel will also have a basic understanding of both industrial and hazardous waste and their transportation and disposal requirements. 10.1 Management of Wastes Disposed in Unauthorized Areas Unloading of waste in unauthorized areas is prohibited. Solid waste unloading will be controlled to prevent disposal in locations other than those specified by site management. Signs with directional arrows and portable traffic barricades will help to restrict traffic to designated disposal locations. Signs will be placed along the access roads to the current disposal area or other designated disposal areas that may be established. Any waste deposited in an unauthorized area will be promptly removed and disposed of at the working face. Controls will also be used to confine the working face to a minimum width consistent with the rate of incoming waste, while allowing for safe and efficient operation. As mentioned before, the maximum allowable working face area will be 40,000 ft2. Normally, only one working face should be active on any given day. City of Corpus Christi 33 July 2007 Cefe Valenzuela Landfill - SOP Version 1 10.2 Random Load Inspections at the Working Face Random load inspections for all unauthorized wastes at the working face will be conducted at least once every day and they will be entered in the Site Operating Record. The random load inspections will follow the protocol established in Section 7.2 of this SOP. 10.3 Management of Prohibited or Unauthorized Wastes and PCBs detected at the Working Face If a prohibited waste, hazardous waste, PCBs, or any other unauthorized waste is discovered at the working face, then the Landfill Manager or its designee shall be notified immediately of the unauthorized waste location and actions taken. The prohibited waste, hazardous waste, or PCBs shall be managed according to the provisions set in Section 7.4 of this SOP. City of Corpus Christi 34 July 2007 Cefe Valenzuela Landfill - SOP Version I 1 190 Facility Operating Hours As per the "Facility Operating Hours" requirements specified in 30 TAC § 330.135, the City of Corpus Christi is required to specify the operating hours when the facility may be open to accept waste and the operating hours when materials may be transported on or off site. The facility is authorized for waste acceptance 24 hours per day, 7 days per week. Actual hours of operation will be set by the Director of Solid Waste Services. Prior to initial opening of the facility, the Landfill Manager will inform TCEQ in writing of the planned hour of operation. City of Corpus Christi 35 July 2007 Cefe Valenzuela Landfill - SOP Version 1 12.0 Site Signs An "entrance sign" is displayed at the CR 20 entrance to the site. The sign will measure at least 4 feet by 4 feet, and have lettering of at least 3 inches in height which states the name of the site, type of site, hours and days of waste acceptance, and the TCEQ MSW permit number. A sign prohibiting certain types of waste such as hazardous waste, and "smoking wastes" will be posted near the landfill entrance. In addition, a sign stating that all waste transport vehicles must be properly covered will be posted at the CR 20 entrance and at the gate house, The City is authorized to operate the facility 7 days per week, 24 hours per day. At the City's discretion, waste acceptance hours will be set within this timeframe and will be included on the site sign. The sign will also indicate the phone numbers of emergency contact personnel available 24 hours per day, including the Landfill Manager and the emergency fire department contact. Rules related to requirements that any loads delivered to the landfill must be covered will be included with the site sign, City of Corpus Christi 36 July 2007 Cefe Valenzuela Landfill - SOP Version 1 13.0 Control of Windblown Solid Waste and Utter As per the "Control of Windblown Solid Waste and Litter" requirements specified in 30 TAC § 330.139, the City of Corpus Christi is required to control onsite windblown waste and litter scattered along fences, access roads, and at the gate, due to wind currents or as a result from waste failing from vehicles at least once a day on days that the facility is in operation. Windblown Wastes and Litter will be controlled using the following means: ▪ Waste disposal vehicles using the landfill will be required to have adequate covers or other means of containment for the wastes they transport. The adequacy of covers and/or containment will be checked at the site entrance. • Displaying signs indicating that unsecured loads will not be admitted and they will be subjected to enforcement action from the Solid Waste Code Enforcement Officers. • Personnel from Solid Waste Code Enforcement will be responsible for issuing violations for improperly secured loads. • Portable litter control fences will be provided, as necessary, at appropriate locations. The litter control fences may be constructed of wire mesh screens attached to portable frames or other appropriate anchor methods. The litter control fences should be of sufficient height to control windblown waste and litter. The litter control fence should be located as close as practical to the active area to control windblown waste and litter. At least once a day that the facility is in operation, litter will be collected that may have accumulated on-site near the gate house and access roads used by waste disposal vehicles. The actions taken and volumes handled will be recorded daily in the Site Operating Record. The City is responsible for litter control within two miles of the site entrance in either direction on CR 20. The City will provide this litter pickup on each day that the landfill is in operation. The collected waste will be taken to the landfill for disposal. City of Corpus Christi 37 July 2007 Cefe Valenzuela Landfill - SOP Version 1 n The working face shall be covered at least once daily during the operational hours using approved daily cover materials to avoid prolonged exposure of wastes and to minimize windblown effects. City of Corpus Christi 38 July 2007 Cefe Valenzuela Landfill - SOP Version 1 14.0 Easements and Buffer Zones As per the "Easement and Buffer Zones" requirements of 30 TAC § 330.141, the City of Corpus Christi is required to address the location and operations concerning easements and buffer zones. 14.1 Easements In accordance with 30 TAC§ 330.141, solid waste unloading will not occur within an easement or right of way that crosses the site. No solid waste disposal will occur within 25 feet of the centerline of any utility line or pipeline easement, unless otherwise authorized by the TCEQ. Easements, will be clearly marked as specified in Section 15 (relating to Landfill Markers and Benchmarks) of this SOP. Electrical and telephone service to the site will be provided by a combination of overhead lines on utility poles and underground piping. Drinking water will be provided by underground piping from an on-site water supply well. Wastewater from the buildings will be handled by an onsite septic tank system or will be transported to a City wastewater treatment plant by tank truck. Natural gas will not be used at the site at this time. Several underground pipeline easements cross the site, as identified in Part IIl of the Permit Application and Site Development Plan, attachment 1 -Site Layout Plans. This map identifies specific easement widths as well. Waste shall not be placed within 25 feet of the centerline of any underground pipeline easement. A copy of the Permit Application and Site Development Plan can be found in the landfill's organized document library. 14.2 Buffer Zones The buffer zone is located between the permit boundary and the waste footprint. The buffer zone for the site is composed of a 500 -foot wide band of site property located adjacent to the property boundary. No solid waste unloading, storage, disposal, or City of Corpus Christi 39 July 2007 Cefe Valenzuela Landfill - SOP Version 1 processing operations will occur within any buffer zone or right-of-way that crosses the site. Perimeter drainage, buffer zone planting, farming, and other non -waste related activities may occur within the buffer zone, in accordance with the Site Development Plan, The buffer zone and/or perimeter access roads adjacent to the waste footprint will be maintained at a width of at least 50 feet with no obstacles to provide safe passage for fire fighting and other emergency vehicles. The Landfill Manager will make provisions to ensure that proper lighting at the working face is oriented so that it does not become a nuisance to adjacent residents. Due to long distances between landfill and residences, it is not anticipated that physical barriers between the site and residences will be needed. However, if additional mitigation of light or noises becomes necessary, the Landfill Manager or its designee will take appropriate measures to promptly address the issue. All buffer zones will be clearly marked with a yellow marker. City of Corpus Christi 40 July 2007 Cefe Valenzuela Landfill - SOP Version 1 15.0 Landfill Markers and Benchmark As per the "Landfill Markers and Benchmark" requirements specified in 30 TAC § 330.143, the City of Corpus Christi is required to indicate how the landfill markers and benchmarks will be maintained. 15.1 Landfill Markers Landfill markers will be installed to clearly mark significant features. The markers will be steel, wooden, plastic or other appropriate materials of construction. The markers will not be obscured by vegetation and will be placed in sufficient numbers to clearly show the required boundaries. Markers that are removed or destroyed will be replaced within 15 days after first discovery. Guidelines for types, placements, and color -coding of markers are outlined below. ® Site Boundary: Site Boundary markers will be painted black. The markers will be placed at each corner of the site and along each boundary line at intervals no greater than 300 feet. Fencing may be placed within these markers as required. In areas where the fence is located on the property boundary the fence posts may be painted black and used as site boundary markers. In this case, the post may be no less than 6 feet in height n buffer Zone: Buffer zone markers will be painted yellow. The markers will be placed in sequence with development of the site (see Part 1I of the Permit Application and Site Development Plan, Attachment 1) along the buffer zone boundary, at corners, and between comers at intervals of approximately 300 feet. The buffer zones will be a minimum of 500 feet wide. A copy of the Permit Application and Site Development Plan can be found in the landfilI's organized document library. ® Easements and Right -of -Way: Easements and rights -of -ways markers will be painted green. The markers will be placed in sequence with development of the City of Corpus Christi 41 duly 2007 Cefe Valenzuela Landfill - SOP Version 1 site (see Part 111 of the Permit Application and Site Development, Attachment 1) and only within the areas of solid waste activities. Markers south of grid line N8000 will be placed as follows: At site opening (see Figure 1.13 located in Part III of the Permit Application and Site Development, Attachment 1) the Hanlon - Buchanan Pipeline from its intersection with the site entrance road southward, and all other known pipelines and utility easements will have markers placed at intervals of approximately 300 feet along the centerline of the easement along the boundary of right-of-way, at each corner within the site (each changed direction of the pipeline), and at the intersection of the pipeline with the site boundary. The Hanlon -Buchanan Pipeline easement and right-of-way will be marked at its intersection with the site entrance road, but not further marked north of that intersection until site development eliminates agricultural production north and east of this intersection (see Figure 1.16 located on Part III of the Permit Application and Site Development, Attachment 1). at that time the Hanlon - Buchanan pipeline easement and right-of-way will be marked at 300 -foot intervals from the entrance road to gridline N8000. Easements and rights-of-way located north of grid line N8000 will be marked at the site opening only where they cross the entrance road and at their intersections with the site boundary. Internal markers north of grid line N8000 will not be utilized so as to not otherwise interfere with agricultural activities. Disposal of solid wastes north of grid line N8000 cannot occur under this permit. Future development of areas north of gridline N8000, should it be desired, will comply with applicable solid waste regulations in effect at the time of the desired new development. A copy of the Permit Application and Site Development Plan can be found in the landfill's organized document library. Landfill Grid System: Grid markers will be painted white. The grid system will consist of lettered markers along two opposite sides and numbered markers along the other two sides. These markers will be spaced no greater than 100 feet apart measured along perpendicular lines. Intermediate markers will be installed in the City of Corpus Christi 42 July 2007 Cefe Valenzuela Landfill - SOP Version 1 case where markers cannot be seen from opposite boundaries. The grid markers will be maintained during the active life of the site and throughout the post - closure period. The grid system will mark at least the area that will be filled with solid waste within the next three years. SLER or GLER Area: SLER or GLER markers will be painted red. The markers will be placed so that all areas for which a SLER or GLER has been submitted and approved by the TCEQ are readily determinable. Such markers are to provide site workers immediate knowledge of the extent of the approved disposal areas. The location of these markers will be tied into the landfill grid system and will be reported on each SLER or GLER submitted. SLER or GLER markers will not be placed inside the evaluated areas. a Flood Plain: There are no areas of this site inundated by the 100 -year flood plain. Therefore, such markers are not necessary. a Class 1 Areas: Specific areas dedicated to the burial of Class 1 non -hazardous industrial solid wastes will be marked at all corners of the approved composite liner for the Class 1 area. Such markers will provide site workers immediate knowledge of the extent of the approved disposal areas. Markers will be located so that they are not destroyed during operations. 15.2 Landfill Benchmarks As required by 30 TAC § 330.143(b)(8), a permanent benchmark will be established onsite in areas that are accessible and will not be used for disposal. The benchmark will be a bronze survey pin set in concrete on monitor well pads. The benchmark elevation has been surveyed from a known United States Geological Survey (USGS) benchmark or other reliable benchmark. City of Corpus Christi 43 July 2007 Cefe Valenzuela Landfill - SOP Version 1 1i 6.0 Materials Along the Route to the Site As per the "Materials Along the Route to the Site" requirements specified in 30 TAC § 330,145, the City of Corpus Christi is required to take steps to encourage waste disposal vehicles to carry their load in enclosed containers or provide a tarpaulin, net, or other means to properly secure the load. A sign will be posted stating this policy at the CR20 entrance and at the gate house, These steps are necessary to prevent the escape of any part of the load by blowing or spilling. The landfill personnel will be responsible for the cleanup of waste material spilled along and within the right-of-way of all public access roads serving the site for a distance of 2 miles in either direction from the entrance on CR20. This will be done every day that the landfill is in operation. The actions taken and volumes handled will be recorded in the Site Operating Record. City of Corpus Christi A4 July 2007 Cefe Valenzuela Landfill - SOP Version 1 17.0 Disposal of Large Items As per the "Disposal of Large Items" requirements specified in 30 TAC § 330.147, the City of Corpus Christi is required to manage large items in such a way that they do not present an interference to site operations and/or to avoid any potential environmental issue that might impact the site and/or its surroundings. Refrigerators, freezers, air conditioning units, or other items containing CFC refrigerant will not be accepted for disposal at the working face unless the CFC's contained in the item have been removed completely by a licensed contractor in accordance with 40 CFR § 82.156(f), as amended. The City of Corpus Christi will hire a licensed contractor to remove the CPC's contained in the items prior to disposal at the working face. The City of Corpus Christi will temporarily store items containing CFC's in the "Appliance Area" located inside the landfill. The Appliance Area is sufficiently large to temporarily store large items awaiting CFC extraction. The Appliance Area will be separated from the working face by more than 500 feet to avoid any possible interference with disposal operations and/or to avoid any potential environmental issue that might impact the site and/or its surroundings. 17.1 Items classified as Large, Heavy or Bulky Items (White Goods) The following list gives examples of items that are considered as large, heavy, or bulky. • Refrigerators of various sizes a Air conditioners of various sizes ® Dryers of various sizes o Washers of various sizes e Freezers of various sizes The above list is not inclusive and more items can be added at the Landfill Manager's discretion. City of Corpus Christi 45 July 2007 Cefe Valenzuela Landfall - SOP Version 1 Large items will be placed in the designated appliance area and recycled when possible. Large items including appliances will be removed at least monthly to eliminate the potential from these materials from becoming a nuisance. Tires that are delivered comingled with other waste and that are removed from the working face will be stored at the white goods area and recycled. Whole used or scrap tires will not be knowingly disposed. Scrap tires will be removed from this area every two weeks. Tires and appliances will be managed in a manner to reduce and eliminate possible ponding of water to eliminate potential conditions that would promote disease vectors. If disposed, they will be reduced in size at the working face to the extent practical. Large and bulky items, including brush will be disposed near the bottom of the fill face. Items that can be classified as large, heavy, or bulky can include, but are not limited to, white goods (household appliances), air conditioner units, metal tanks, large metal pieces, large pieces of brush and automobiles. Special care will be taken to achieve the maximum practical compaction of these items prior to placement of the next layer of waste in the lift. Special care will be taken while disposing these materials so that the liner is not damaged while this material is disposed. These materials will not be placed within the first five feet above the liner or sidewalls. 17.2 Management of Items Containing CFCs The respective license and certifications for the contractor will be kept on file at the landfill office. The contractor will remove all CFCs from the site upon extraction. The Landfill Manager will work to keep the storage of appliances on site to a minimum number of days, never to exceed more than one month. City of Corpus Christi 46 July 2007 Cefe Valenzuela Landfill - SOP Version 1 18.0 Air Criteria As per the "Air Criteria" requirements specified in 30 TAC § 330.149, the City of Corpus Christi is subject to TCEQ rules concerning burning, and air pollution control, this includes nuisance odors, outdoor burning, visible emissions, and particulate matter control requirements. Sources of Odor Potential odor sources associated with. a municipal solid waste landfill facility may include the wastes being delivered to the landfill, the open working face, the leachate collection system, leachate storage ponds or tanks, ponded water, and landfill gas. Many of the wastes received at a landfill are a source of odor upon receipt, such as sludges and dead animals. Other wastes have the potential for becoming sources as they biodegrade during the decomposition process. Leachate„ liquid that has passed through or emerged from Solid waste, may also be a source of odor if not properly handled or managed in a timely manner. Ponded water and landfill gas could become a source of odor as well. Due to the landfill being in a remote area with few neighbors, problems associated with odors will be minimal. 18.1 Odor Management Plan The odor management plan addresses the handling of particular odorous waste at the landfill. Odor control measures may include, but are not limited to the following items: • Control of any ponded. water at the site to avoid its becoming an odor nuisance • Incoming waste should be promptly landfilled. To avoid spillage and to minimize exposure to the atmosphere, removal of leachate should be done under appropriate weather conditions (i.e. low wind speeds, no rain). • Regular inspections and repairs of the gasket, cap, and. leachate riser backfill material. • Use of vapor -tight gaskets on all leachate sumps. City of Corpus Christi 47 October 2007 Cefe Valenztiela Landfill - SOP Versimi 3 • Adding leachate collection systems to the gas management system. m Daily visits on days that the landfill is in operation will be made to the leachate storage ponds or tanks to determine any odor problems. In the event of odor problems, the storage facilities will be examined and appropriate measures will be employed to minimize the odors. We do not anticipate any issues arising from odor. The wind is predominantly from the southeast and the nearest neighbor is approximately 1.5 miles from the ponds. If the wind is from the north, there are no neighbors within two miles of the south property line. The areas adjacent to the ponds are agricultural and no development is anticipated. However, if odor becomes an issue (complaint from a nearby neighbor specifically regarding odor from the ponds), then the City shall interview the neighbor and determine the cause of the odor. If it is determined that the odor is from the ponds and is a nuisance, then proper measures shall be taken as appropriate in accordance with current design standards. Such measures may include, but are not limited to, the use of aerators, bubblers, and as a last resort removing the leachate and transporting it off-site for treatment. • In the event objectionable odors occur, appropriate measures should be taken to alleviate the condition. ffi Identify known sources of odorous wastes and specify a time of day for these wastes to be received so that they can be given special attention. ▪ If odors are a result of unproper use of alternate daily cover material, the cover material will need to be re-evaluated. ■ Spills of odorous material should be promptly managed. ■ Damage or erosion of daily, alternate or fmal cover should be promptly repaired NOTE: The City of Corpus Christi (Nueces County in general) is not in a State Implementation Plan (SIP) designated jurisdiction; therefore SIP criteria does not apply. 18.2 Open Burning Open burning is banned at the landfill, unless specifically authorized by the TCEQ to manage emergency situations, such as burning of brush when an emergency situation arises, i.e. hurricanes. ,�‘ 1 s k: ' %' �� 19.0 Disease Vector Control st JOSE C. GARZA 6 0.1 91790 :�. i :, 4s Revised City of Corpus Christi ��t�: `f0)��,o . t- �P Cefe Valenzu.ela Landfill - SOP zee, March 2008 19.0 Disease Vector Control As per the "Disease Vector Control" criteria specified in 30 TAC § 330.151, the City of Corpus Christi is required to control vectors such as rodents, flies, and mosquitoes at landfills through daily site operations, which include the application of daily, intermediate, and final cover. Landfill operators will conduct routine checks for insects or rodents associated with the operations and will report problems to the Landfill Manager. If necessary, a licensed professional should apply pesticides to ensure that proper chemicals are used and are properly applied. City of Corpus Christi 49 July 2007 Cefe Valenzuela Landfill - SOP Version 1 20.0 Site Access Roads As per the "Site Access Roads" requirements of 30 TAC § 330.153, the City of Corpus Christi is required to control and minimize mud, dust and litter from the landfill onto public roadways The entrance to the facility from CR20 and interior access roads within the landfill are all weather roads. These roads are provided for access to the active disposal area. Re -grading to minimize potholes will be performed as necessary. The following steps will be taken to control and minimize the impact of mud, dust and litter from the facility: 20.1 Control and Minimization of Mud: The road construction material will consist of caliche, limestone, or recycled asphalt, which provides mud control for waste disposal vehicles prior to exiting the site and returning to public roadways. The entrance to the landfill will be swept at least once per day on days when mud and associated debris are being tracked onto the public roadway, and as necessary to control excessive amounts of mud that the daily maintenance crew cannot handle. Mud and associated debris will be controlled through the use of all- weather roads, mechanical or hand sweepers, and equipment capable of scraping mud from the roads. 20.2 Control and Minimization of Dust: Dust at the facility will be controlled by watering the access roads as necessary to suppress dust generation. The water source may be clean storm water (including that stornn water captured during cell construction), or applicable potable water supply system. 20.3 Control and Minimization of Litter: For control and minimization of windblown solid waste and litter see Section 13. City of Corpus Christi 50 July 2007 Cefe Valenzuela Landfill - SOP Version t 20.4 Re -grading of Site Access Roads: The site access roads will be re -graded at the discretion of the Landfill Manager but at least once a quarter. City of Corpus Christi 51 July 2007 Cefe Valenzuela Landfill - SOP Version 1 21.0 Salvaging and Scavenging As per the "Salvaging and Scavenging" requirements specified in 30 TAC § 330.155, the City of Corpus Christi is required to take the necessary steps to ensure that salvaging efforts do not interfere with sanitary disposal operations, and that scavenging activities do not occur on site. 21.1 Salvaging Operations Salvaged materials should be considered as potential recyclable materials and may be stored in a designated collection area. Salvaged items should be recycled often enough to prevent an excessive accumulation of the material at the site to prevent odor or other nuisance conditions from developing and to eliminate the risk of discharge of pollutants. Items recovered through salvage operations will be removed from the site at least once per month. 21.2 Scavenging Activities Scavenging will be prohibited at all times on site. The City of Corpus Christi will take necessary measures to prevent scavenging activities on site. City of Corpus Christi 52 July 2007 Cefe Valenzuela Landfill - SOP Version 1 22.0 Endangered Species Protection Based on previous studies and a determination by both the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service, operations of the site is not likely to impact endangered species (animal or plant). As the facility is developed site personnel should notify the Landfill Manager if any change in this status is suspected. Previous evaluation and the findings of the Texas Historical Commission indicated that cultural resources do not exist on site. As the facility is developed, site personnel should notify the Landfill Manager if any change in this status is suspected. The Landfill Manager will be responsible for reporting suspected changes to the status of endangered species or cultural resources to the Director of Solid Waste Services. The Director will then take appropriate action which may include notification of authorities as appropriate, and ordering modification of activities in the area of concern. City of Corpus Christi 53 July 2007 Cefe Valenzuela Landfill - SOP Version 1 2340 Landfill Gas Control As per the "Landfill Gas Control" requirements of 30 TAC § 330.159, the City of Corpus Christi is required to control and monitor landfill gas in accordance with the "Gas Management Plan" included in Part III of the Permit Application and Site Development Plan, Attachment 14. The Permit Application and Site Development Plan can be found in the landfill's document library as per the "Recordkeeping Requirements" specified in 30 TAC § 330.25. The landfill gas monitoring results will be kept in the facility's operating record and submitted to the TCEQ in accordance with the Site Development Plan, Attachment 14. 23.1 Perimeter Monitoring 23.1.1 Perimeter Monitoring Network The LFG monitoring probe network will include LFG monitoring probes and utility trench vents. The LFG monitoring probes will be located along the permit boundary and north of Unit 2. The utility trench vents will be located on each utility easement within 2,000 feet of the waste disposal areas. The probes and vents will be installed sequentially as the development of the fill areas progress. The probes and vents will be installed at locations when waste disposal is within 2,000 feet. Locations of the proposed monitoring probes and vents, was well as the installation sequence plan, are shown in Appendix 14A, Figure 14A, 1. Permanent LFG monitoring probes of a single tube design will be used to detect the presence of LFG in subsurface soil. The single tube probe design was chosen for two reasons. First, it provides monitoring of the soil strata for the total depth of the probe, minimizing the possibility of undetected LFG migration through an unscreened zone. Second, it is difficult to achieve and maintain positive seals between separate monitoring zones within a single well -bore, which increases the chance for misinterpreted monitoring results. City of Corpus Christi 54 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Utility trench vents will be used to detect the presence of LFG within the utility easements. Utility trench vents will be installed with a monitoring port for monitoring for the presence of LFG. The vent was selected to serve as a means of monitoring due to its ability to also be used to mitigate LFG migration within the utility easements should it occur. 23.1..2 Landfill Gas Monitoring Probes and Utility Trench Vents Proposed LFG monitoring probes will be installed consistent with guidelines presented in the TCQ Municipal Solid Waste Division Methane Monitoring Handbook, Version 2, December 1993. Probes will be installed to monitor the soil strata above the higher of the lowest measured groundwater level at the monitoring point or the lowest current or planned future elevation of waste within 1,000 feet of the monitoring point. The probes will be screened from approximately 1.5 feet above the bottom of the borehole to within approximately 5 feet of the ground surface. Washed pea gravel will be placed in the borehole to approximately 6 inches above the screened interval and approximately 6 inches of sand will be placed over the pea gravel. Bentonite pellets will be placed above the sand and hydrated to form an impermeable layer to prevent air and water intrusion into the probe boring. A concrete pad and a steel casing extending into the borehole and above the ground surface will also be installed. A PVC cap with a quick connect coupling will be installed at the top of the probe for ease of monitoring. No solvents or PVC cement, which may affect monitoring results, will be used during construction of the probes. A typical detail of the proposed LFG monitoring probes is provided on Figure 14A.2 in Appendix 14A. 23.1.3 Monitoring Procedures Methane concentrations will be measured using a combustible gas indicator calibrated against a methane standard with a sampling Iine for drawing samples directly to the indicator without diluting the sample. The indicator should give a direct reading of methane concentration by volume. Equipment maintenance requirements, monitoring procedures, and calibration information for the instruments used to monitor methane concentrations should be kept on site with the LFG monitoring records described in Section 3.3. Monitoring will be conducted under the oversight of the Chief Landfill City of Corpus Christi 55 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Foreman by qualified personnel or a qualified consultant. The results will be recorded on the attached Quarterly Landfill Gas Monitoring Report (Appendix AB), or similar form, and maintained in the Site Operating Record. If one of the tests indicate that the allowable concentration of methane has been exceeded, verification procedures, described in Section 4 of Part III, Attachment 14, will be implemented. If verification procedures indicate allowable limits are being exceeded, notification procedures, also described in Section 4, will be implemented. 23.1.4 Maintenance Procedures Each time LFG monitoring is conducted, the integrity of the LFG monitoring probes and utility trench vents will be inspected by the sampler. The sampler will record pertinent information on the Quarterly Landfill Gas Monitoring Report (Appendix 14B) or similar forms. The Quarterly Landfill Gas Monitoring Report will be kept on file at the facility. The sampler will perform the following at each monitoring event: o Verify that the LFG monitoring probe or utility trench vent number is clearly labeled on the outer casing or lid. o Verify that the protective casing is intact and is not bent or excessively corroded. ® Verify that the concrete pad is intact (no evidence of cracking or heaving). e Verify that the padlock is funotional. e Verify that the inner casing is intact. If damage or excessive wear to the LFG monitoring probe or utility trench vent is observed, it will be reported to the Landfill Foreman. If it is not possible to repair the LFG monitoring probe or utility trench vent and the damage can potentially affect the accuracy of future monitoring results, the LFG monitoring probe or utility trench vent will be decommissioned and replaced with a new LFG monitoring probe or utility trench vent in accordance with Sections 3.1.2 and 3.4 of the Landfill Gas Management Plan. City of Corpus Christi 56 July 2007 Cefe Valenzuela Landfill - SOP Version 1 The combustible gas monitoring instrument should be calibrated and maintained in accordance with the manufacturer's instructions. The maintenance requirements for the monitoring instrument will be available on site with the LEG monitoring records described in Section 3.3. 23.2 Reeordkeeping/Reporting Field monitoring data records will be maintained for the methane monitoring and kept on site as part of the Site Operating Record. Field data will be recorded on the Quarterly Landfill Gas Monitoring Report form (or similar form) as shown in Appendix 14B of Part III. Quarterly monitoring results will be submitted to the TCEQ Executive Director or his authorized representative. Monitoring probes and utility trench vents will be monitored quarterly during the following periods: LFG Monitoring Quarters First Quarter: Second Quarter: Third Quarter: Fourth Quarter: January - March April - June July - September October - December The LFG Monitoring Program will continue for a period of 30 years after the final closure of the facility or until the owner or operator receives written authorization from TCEQ to revise or discontinue the program. City of Corpus Christi 57 Cefe Valenzuela Landfill - SOP July 2007 Version 1 24.0 Gel, Gas, and Water Wells As per the "Oil, Gas and Water Wells" requirements specified in 30 TAC § 330.161 the City of Corpus Christi is required to identify the location of any known abandoned oil or water wells on site. Oil wells, gas wells, and water wells associated with support of oil and gas drilling, are known to have been drilled on the site. During the course of site development, but prior to beginning construction on the site, the Landfill Manager will: a) Provide written notification to the TCEQ of the location of all known existing or abandoned water wells, cnide oil wells, natural gas wells, or other wells associated with mineral recovery, situated within the site. b) Provide written certification to the TCEQ, that all such abandoned wells have been properly capped in accordance with applicable rules and regulations of the Railroad Commission of Texas. c) Provide a demonstration to the TCEQ that all such wells which are still in use at the time of the notification will not conflict with the development of the site. The demonstration will include a schedule for abandonment and plugging of wells which are anticipated to eventually conflict with the site development. Also included will be plans for protection of such wells, if necessary, until they are abandoned and plugged. 24.1 Discovery of Water Wells during Facility Operation As the site is developed, if any water wells are encountered they should be exposed, and the casing should be cut to a minimum of 2 feet below the excavation, and the well should be capped and plugged in accordance with all applicable rules and regulations of the TCEQ, the Railroad Commission of Texas, or other applicable state agency. If water wells are located the Landfill Manager or its designee must, within 30 days, provide written notification to the TCEQ's executive director of the location of any and all existing or abandoned water wells. Within 30 days of discovery, the Landfill Manager City of -Corpus Christi 58 July 2007 Cefe Valenzuela Landfill - SOP Version 1 will provide written certification to the Executive Director that all such wells have been capped, plugged, and closed in accordance with all applicable rules and regulations of the TCEQ or other state agency. A copy of all well plugging reports and closure documentation will be submitted with the closure certification. 24.2 Discovery of Oil and Gas Wells during Facility Operations The Landfill Manager will immediately provide written notification to. the Executive Director of the location of any and all existing or abandoned on-site crude oil or natural gas wells, or other wells associated with mineral recovery. The Landfill Manager will provide the Executive Director a written notification that all such wells have been properly capped, plugged, and closed in accordance with all applicable rules and regulations of the Texas Railroad Commission. A copy of the well plugging report required to be submitted to the appropriate state agency will also be submitted to the Executive Director of the TCEQ within 30 days after the well has been plugged. City of Corpus Christi 59 July 2007 Cefe Valenzuela Landfill - SOP Version 1 25.0 Compaction As per the "Compaction" requirements specified in 30 TAC § 330.163, the City of Corpus Christi is required to compact the incoming waste to provide a more efficient use of available space and reduce the amount of settling after the fill is complete. Compaction will be accomplished with an adequately sized landfill garbage compactor(s) to minimize the volume of loose material and have more air space available for waste disposal operations. 25.1 Compaction of Waste during Placement of Ballast If waste is used as ballast, the Landfill Manager and/or designee will be on-site full time during the placement of the first five (5) feet of waste over the liner system. He/she will verify that this lower five (5) feet of waste does not contain large bulky items that could damage the liner system or that cannot be compacted to the required density. The Landfill Manager and/or designee will document that the waste used for ballast has been compacted. City of Corpus Christi 60 July 2007 Cefe Valenzuela Landfill - SOP Version 1 26.0 Landfill Cover As per the "Landfill Cover" requirements specified in 30 TAC § 330.165, the City of Corpus Christi is required to apply daily cover to control disease vectors, windblown waste, odors, fires, and scavenging, and to promote runoff from the fill area. 26.1 Soil Management A stockpile or borrow source for soil cover material will be maintained on-site. The cover material will not have been previously mixed with wastes. On-site soils are suitable for cover material as well as other soils deemed appropriate by the landfill manager. The cover material should be managed so as to not interfere with vehicular traffic or impede drainage. At least a portion of this cover material should be stockpiled near the workface for potential emergency fire control. Temporary excess soil will be stockpiled in the buffer areas, on filled areas and on side slopes for future use on the site or for removal from the site. All stockpiles will be maintained in conformance with the Erosion Control Plan. Stockpiles will be oriented generally parallel to the direction of surface drainage in any given area and will not alter drainage patterns nor block the use of the buffer areas by fire and emergency equipment. 26.2 Daily Cover Daily cover of waste will be applied at least once daily to control disease vectors, windblown waste, odors, fires, scavenging, and to prevent excessive accumulation of water within the fill. Soils and alternate daily covers that include tarps or foams, or a combination of the three, will be utilized to complete the daily cover at the site. The use of Saniform (or equivalent) or polyethylene tarps as an alternative daily cover was previously approved for the Cefe Landfill. Alternate daily cover material will not be used if the landfill will be closed more than 24 hours. Quarterly status reports will be submitted to the TCEQ for four consecutive quarters in the event that alternative daily cover is used. City of Corpus Christi 61 July 2007 Cefe Valenzuela Landfill - SOP Version 1 26.23 3-M Sanifoam (or equivalent) 3-M Sanifoam (or equivalent) cover will be used routinely as daily cover. 3-M Sanifoam is an air -injected, two component synthetic foam that can be sprayed onto the landfill solid waste surface to form an expanded protective foam blanket. The spray thickness will be between one (1) and two (2) inches. The applied foam "sets up" within 60 seconds to a durable solid state with consistency similar to crushable expanded polystyrene. The foam is non-toxic and non-combustible, and is biodegradable. The hardened foam is water insoluble which promotes rainfall runoff, exhibits extremely low gas permeability that prevents escape of vapors and odors, it seals the waste from flies and other. Rodents and vectors, and adheres to the waste preventing litter and dust from blowing. The foam is mechanically crushed and broken up during subsequent landfill operations for unimpeded movement of methane gas and leachate in the cell. Technical data sheets and MSDS are attached for further information in Appendix IV -A. The foam is sprayed on with a machine specially designed for this product. The machine ( Coverfoam Services, Inc., model PB -250-D, or equivalent) uses a spray bar system to apply an even coat of foam over the solid waste. The machine is pulled by a dozer or other tractor over the solid waste making several adjacent passes until the surface is completely covered. During periods of inclement weather (i.e., rain) where the foam may not set properly, foam operations will be suspended and the working face will be covered by the use of polyethylene tarps or soil. 26.2.2 Polyethylene Tarps Polyethylene tarp covers will also be used for daily cover. Typically these tarps will be used in small working faces (less than 200' x 200') and on slopes too steep for 3-M Sanifoam application. The tarps are fifty feet by fifty feet (50' x 50') in size and are made City of -Corpus Christi 62 July 2007 Cele Valenzuela Landfill - SOP Version 1 out of a fire retardant woven fabric which repels water. The tarps are an effective barrier against vectors, odors, and windblown litter by effectively sealing in the waste. MSDS and physical properties for the tarp materials are attached in Appendix IV -A. These tarps will be installed by Iandfill personnel by hand at the end of the day. Tarp installation will be such that they overlap by a minimum of one foot in such a manner so that rainfall will run off with minimal or no infiltration. Tarps will be weighted down with automobile tires along the perimeter and the center to prevent the wind from blowing them off the working face. The following morning, the tarps will be pulled off the working face by landfill personnel either by hand or using a dozer before the start of the day's operations. 26.3 Soil A well -compacted six (6) inch soil cover will be used to cover solid waste when ADC materials are not used. The soil cover will be clean and not previously mixed with waste materials. When a period of greater than 24 hours is expected to lapse before solid waste disposal will resume at a specific working face or area, soil cover will be used in lieu of ADC. A period of greater than 24 hours may occur when the site closes on a weekend, when the working face is temporarily moved to a new area, or other reasons. 26.4 Intermediate Cover The top and sides of the landfill working face will be shaped to conform to Landfill operations. Intermediate cover soil will then be transported to the working face or any area that has already received daily cover, where it will be deposited near the upper end of the working face, spread, and compacted. Intermediate cover will consist of soils that have not been previously mixed with wastes and will be capable of sustaining native plant growth. All areas that receive waste and then become inactive for longer than 180 days will be covered with an additional six (6) inches of compacted cover material, for a total cover ra��8 c �° �.-1-0' 63 aa4*— nsaoaseac,@-VidRNHHCss60f# ME01-1 1., W. QOMgo at .v v o8c�.,a., t)0 671656944/0 City of Corpus Christi Cefe Valenzuela Landfill - SOP August 200 Versiori thickness of at least 12 inches. When the area is to be reused, some of this cover material will then be removed from use as daily cover on new areas, if it can be removed cleanly. To minimize erosion and maintain adequate control of storm water, temporary let down structures may be used on intermediate cover. The intermediate cover will be seeded or sodded following its application, and vegetation and other erosion control features will be maintained on areas that have received intermediate cover. Grading of the intermediate cover will be undertaken in a manner to prevent ponding of water. This is discussed in Section 27.0. 26.5 Final Cover over Class 1 Waste Final cover construction and maintenance will be in compliance with Attachment 12 — Final Closure Plan — in the Site Development Plan, and with Chapter 330, Subchapter K. 26.6 Final Cover The Final Closure Plan allows for successive closure of areas of the site as they become filled to capacity. The final cover will be maintained in a manner consistent with Attachment 12 of Part III — Final Closure Plan and the requirements of Chapter 330 Subchapter K. Closure of individual areas will be in accordance with the "Sector Fill Plan". The City will implement the plan as ongoing landfilling operations to continue until the time of final closure. The surface will be managed throughout the active life of the site to minimize infiltration into the filled areas and to minimize contact with solid waste. In general, closure of completed portions of the site will consist of the following steps: 1. Survey controls will be implemented to control the filling of solid waste to the lower level of the final cover. 2. A surveyed grid system or other suitable surveying measures will be used to control placement of the final infiltration layer. 3. Testing of the various components of the final cover system will be performed in accordance with the TCEQ regulations. City of Corpus Christi 54 August 2007 Cefe Valenzuela Landfill - SOP Version 2 4. During the first growing season following application of final cover system, the area will be vegetated with appropriate grasses to minimize erosion. 26.7 Cover Application Log Throughout the active life of the landfill, a cover application log will be maintained and made readily available for inspection. For intermediate cover and daily cover, the log will specify the area covered, how it was placed and when it was completed. For final cover, the log will specify the amount of cover applied over each area (thickness) and when it was applied, The cover log will be located inside the landfill office unless otherwise directed by the Landfill Manager. City of Corpus Christi 65 August 2007 Cefe Valenzuela Landfill - SOP Version 2 27.0 Ponded Water As per the "Ponded Water" requirements of 30 TAC § 330.167, the City of Corpus Christi is required to prevent and control the ponding of water inside the landfill. Ponded water can be breeding grounds for vectors, and can be a source of harborage for vectors. Site grading and maintenance activities will be performed on an as needed basis to help minimize the ponding of water over waste areas. Should ponded water occur, it will be removed and depressions will be filled as soon as practicable but no later than seven (7) days after the occurrence. If the ponded water has come into contact with waste, leachate, or waste contaminated soils, the ponded water will be treated as leachate and managed in accordance with Part III of the Permit Application and Site Development Plan, Attachment 15 -Leachate and Contaminated Water Plan. The Permit Application and Site Development Plan can be found in the landfill's organized document Library. 27.1 Ponded Water Prevention The City will manage the working face of the landfill in a manner that reduces the potential for water collecting and ponding. This will be accomplished by maintaining the working face at sufficient grades so as to promote water running off the exposed waste or daily cover. Water that may pond at the working face will be removed using landfill equipment. Water that comes in contact with waste will be treated as contaminated water and disposed of accordingly. Water that may pond in areas where it does not come in contact with waste will be treated as storm water. 27.2 Routine Inspections to Identify Potential Ponding Locations Following major storm events, the City will undertake an assessment of the site to identify areas of potential or actual ponding. In addition, the City conducts at least monthly reviews of the entire site to identify possible depressions as locations of possible future ponding. City crews will be directed to these locations to re -grade areas to reduce the potential for future ponding. City of Corpus Christi 66 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Directives to fill and re -grade potential ponding locations will be undertaken as soon as practical after they have been identified. Ponded water that occurs in the active portion of the landfill will be eliminated and the area in which the ponding occurred will be filled in and regarded within seven days of detection. During extremely wet conditions, or periods of extended storms, disposal activities will be limited to the wet weather area. Priorities for staff during these periods are to maintain access into and out of the site and provide disposal services as efficiently as possible. Within 7 days of extended wet weather conditions, the City will evaluate the site to identify areas where ponding has occurred and will take corrective actions to reduce ponding in areas of the working face and closed areas. 27.3 Record Keeping As a part of the overall site review, records will be maintained to identify areas where ponding has oecurred. Documentation of work completed will also be placed in the site's file. City of Corpus Christi 67 July 2007 Cefe Valenzuela Landfill - SOP Version 1 28.0 Disposal of Special Wastes As per the "Disposal of Special Wastes" requirements specified in 30 TAC § 330.171, the City of Corpus Christi is required to handle special wastes in a manner consistent with TCEQ regulations. The definition of special waste can be found in 30 TAC § 330.3, which states that special wastes are wastes that because of their quantity, concentration, or physical, chemical, or biological properties require special handling and disposal to protect human health or the environment. The facility will handle special waste according to the following guidelines. 28.1 Protocol for Disposal of Special Waste If a generator wishes to dispose of a special waste at Cefe Valenzuela Landfill, the generator must submit to the Landfill Manager a completed City of Corpus Christi Generator's Waste Profile Sheet (GWPS) in order to provide a complete profile for the special waste. The City of Corpus Christi will determine if the special waste falls in the category of special wastes that do not require further disposal authorization from TCEQ, or if the waste falls in the category of special wastes that do require special disposal authorization from TCEQ. If the special waste falls in the category of special wastes that do not require special disposal authorization from TCEQ, then the special waste will be further evaluated using the criteria established for special wastes. If the special waste meets all the conditions mentioned previously, then the special waste will be considered "acceptable for disposal". If the special waste falls in the category of special wastes that do require special disposal authorization from TCEQ, then the generator or its designee will be responsible for obtaining special disposal authorization from TCEQ. City of Corpus Christi GS July 2007 Cefe Valenzuela Landfill - SOP Version 1 The Landfill Manager will reserve the right to accept or reject any special waste load, even if the special waste load is deemed acceptable, if at any point he feels that the facility could potentially receive a negative impact from the acceptance of the special waste load. 28.2 Special Wastes That Do Not Require Special Waste Disposal Authorization from TCEQ According to 30 TAC § 330.1.71(c) the following special wastes do not require written authorization for acceptance provided that the waste is handled in accordance with the noted provisions for each waste. a) Special Waste from Health Care Related Facilities Special wastes from health care related facilities which have been previously treated in accordance with the procedures specified in 30 TAC § 330 Subchapter Y (relating to Medical Waste Management) may be accepted. b) Dead Animals and/or Slaughterhouse Waste Dead animals and/or slaughterhouse waste may be accepted at without further approval from the TCEQ provided that the carcasses and/or slaughterhouse waste are covered by three feet of other solid waste or at least two feet of earthen material immediately upon receipt. c) Regulated Asbestos -Containing Materials (RACM) RACM may be accepted at the facility in accordance with TAC § 330.171(c)(3) and as authorized in the original permit. Prior to initial receipt of RACM at this facility, the Landfill Manager will dedicate a specific area(s) of the landfill for receipt of RACM and notify the TCEQ in writing of the designated area(s). The Landfill Manager will also prepare a contingency plan in case of ruptured bags and designate appropriate personnel for implementation of the contingency plan. As the operation continues, the Landfill Manager will notify the TCEQ in writing of any new dedicated areas for RACM, tl'f P5 61 Citof Corpus Christi 4oF.1 rea4 o�eoesewscu �xflacs City rp 69 MiC+lA _ FlJ. oo r August 2007 Cefe Valenzuela Landfill - SOP oe000cQc.raeoosoaar o ,w w a, Versio 2 ail �9�,�p 67165 �4� S/0 A1..ttw Each load of RACM that arrives on-site will be documented. This documentation will include the volume of material, and the location and depth of its disposal. RACM disposal locations will be identified by survey (Registered Professional Land Surveyor) and identified on a current site drawing at the site. Delivery of RACM will be coordinated with the Landfill Manager so that the waste will arrive during times that it can be properly managed by site personnel. RACM will be accepted at the site only if it is contained in tightly closed containers or bags, or wrapped as necessary with 6 -mil thick polyethylene. RACM will be placed in landfill units such that it will not be exposed as a result of erosion or weathering. When possible this will be achieved by placing the RACM below the natural grade. At a minimum, the RACM will be placed at least 20 feet away from exterior final sideslopes, and at least 10 feet below final grade. During unloading and placement of RACM in the waste fill, care will be exercised to prevent breaking open the bags or containers. One foot of soil cover or 3 -feet of asbestos -free municipal solid waste will be placed over the RACM immediately after it is placed in the landfill unit. RACM that has been designated as Class 1 industrial solid waste, and that arrives at the facility will be disposed of in accordance with TAC § 330.173(g) -(i) or in accordance with this section of the Site Operating Plan. Upon closure of the facility, a notation indicating that the site accepted RACM will be placed in the deed record. This notation will indicate where the RACM was disposed of on the property by showing its location on a site diagram. A copy of this documentation will be provided to the TCEQ. d) Non-regulated Asbestos -Containing Materials (non-RACM) Non-regulated asbestos containing materials (non-RACM) may be accepted for disposal provided the wastes are placed on the active working face and covered in accordance City of Corpus Christi 70 July 2007 Cefe Valenzuela Landfill - SOP Version 1 with the requirements of 30 TAC § 330 (relating to Municipal Solid Wastes). Under no circumstances may any material containing non-RACM be placed on any surface or roadway which is subject to vehicular traffic or disposed of by any other means by which the material could be crumbled into a friable state. e) Empty Containers which have been used for Pesticides, Herbicides, Fungicides, or Rodenticides Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides must be disposed of in accordance with the provisions mentioned below. These containers may be disposed of provided that the following 3 conditions are met: ® The containers are triple -rinsed prior to receipt at the landfill cr The containers are rendered unusable prior to or upon receipt at the landfill; and ® The containers are covered by the end of the same working day they are received. Those containers for which triple -rinsing is not feasible or practical (e.g. paper bag, cardboard containers) may be disposed of under the provisions of 30 TAC §330.171(c)(5). f) Municipal Hazardous Waste from Conditionally Exempt Small Quantity Generators (CESQG) Municipal hazardous waste from a conditionally exempt small quantity generator (CESQG) may be accepted at a Type 1 municipal solid waste landfill without further approval from the executive director provided the amount of waste does not exceed 220 pounds (100 kilograms) per month per generator, and provided the landfill owner or operator authorizes acceptance of the waste. City of Corpus Christi 71 July 2007 Cele Valenzuela Landfill - SOP Version 1 g) Sludge, Grease Trap Waste, Grit Trap Waste, or Liquid Waste from Municipal Sources Sludge, grease trap waste, grit trap waste, or liquid wastes from municipal sources can be accepted at Type I municipal solid waste landfill for disposal only if the material has been, or is to be, treated or processed and the treated/processed material has been tested, in accordance with Test Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/chemical Methods" (EPA Publication Number SW -846), as amended, and is certified to contain no free liquids. Prior to treatment or processing of this waste at the landfill, the owner or operator shall summit written notification to the executive director of the liquids processing activity as required in 30 TAC § 330.11. 28.3 Special Wastes That Require Special Waste Disposal Authorization from TCEQ Special wastes that are not specifically identified in 30 TAC § 330.171(c) require prior written authorization by the TCEQ for disposal. If the special wastes are not specifically addressed in section 28.2 of this SOP then the generator of the special waste will be required to request written authorization from TCEQ prior to disposal. Additionally, the generator of the special waste will be required to complete the City of Corpus Christi Waste Profile Sheet prior to disposal. 28.4 Special Waste Prohibited for Disposal in any MSW Landfill The following special wastes will not be accepted for disposal at any MSW facility: 1, Used -oil filters from internal combustion engines. E Lead acid storage batteries City of Corpus Christi 72 July 2007 Cefe Valenzuela Landfill - SOP Version 1 „A's, OFrtp, fr.-Z-1'44;54,- stlff' A L W. 1V+1p ��►►ii44 -.;ryveawvuaaas+aamd4oHii�q P vp 6716540, N,u/ONAL %kv'per the "Disposal of Industrial Wastes” requirements of 30 TAC § 330.173, the City of Corpus Christi is required to address the types of Non -Hazardous Industrial Wastes that are acceptable for disposal at Cefe Valenzuela Landfill. Industrial Wastes are defined in 30 TAC § 330.3 as solid wastes resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations, 29.0 Disposal of Industrial Wastes 29.1 Protocol for Disposal of Industrial Waste If an industrial generator wishes to dispose of waste at Cefe Valenzuela, the industrial generator will first classify the waste and submit a completed Waste Profile Sheet to the City of Corpus Christi for evaluation. The City of Corpus Christi will determine if the classification performed by the industrial waste generator seeking disposal authorization is consistent with the waste classification criteria in §330.3 (Definitions) and Chapter 335, Subchapter R. Wastes should be classified by generator prior to delivery to the landfill. The City of Corpus Christi will determine if the waste is a Class 1, 2, or 3 Industrial Waste. The Cefe ValenzueIa Landfill is permitted to accept Class 1, 2, and 3 Non -Hazardous Industrial Wastes. Disposal of Class 1 Non -Hazardous Industrial Solid Wastes will be accomplished in accordance with the requirements of 30 TAC§ 330.173. The phrase "dedicated trench" as used in the regulations means the specific area in which Class 1 waste is placed for disposal. All shipments of Class 1 waste will be accompanied by a manifest (waste -shipping control ticket) as required by the commission. The Landfill Manager will sign the manifest for any authorized shipments of CIass 1 waste. The Landfill Manager will not accept or sign for shipments of Class 1 waste for which the authorization to accept has not been granted by the executive director .or has not been authorized by permit provisions. The landfill will retain the disposal facility copy of the manifest for a period City of Corpus Christi 73 August 2007 Cefe Valenzuela Landfill - SOP Version 2 of three years. This time period is automatically extended if any enforcement action involving the City or the landfill is initiated or pending by the executive director, When the landfill accepts any Class 1 waste, a written report of Class 1 waste received will be submitted to the executive director. This report will be submitted no later than the 25th day of the month following the month that the waste was received. Reports will be submitted on forms provided by the TCEQ and will include all the required information. Monthly reports regarding acceptance of Class 1 waste will be submitted, including those months in which no Class 1 waste is received at the landfill unless an exception is granted by the executive director. While Class 1 Non -Hazardous industrial Solid Waste will be placed only in dedicated areas, specific dedicated areas not identified at this time. All permitted disposal areas that are below the elevation of the surrounding natural grade may be dedicated to Class 1 waste disposal. However, specific areas to be dedicated to Class 1 waste disposal will be identified as the site is developed. When new dedicated areas for Class 1 waste are identified, site drawings will be modified as appropriate. Modified site drawings will be submitted to the TCEQ for review and approval. Areas dedicated to Class 1 waste disposal will be constructed in accordance with the requirements as discussed in Part III of the Permit Application and Site Development Plan, Attachment 10 Soil and Liner Quality Control Plan. The volume of Class 1 Non -Hazardous waste disposed at the site in any one year will not exceed 20 percent of the total amount of waste (not including Class 1 wastes) accepted during the same or previous year of operation. Wastes which are Class 1 Non -Hazardous Industrial Solid Wastes only because of asbestos content may be accepted at the facility in accordance with the requirements of 30 TAC § 330.171. City of Corpus Christi 74 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Class 2 and 3 Non -Hazardous Industrial Solid Wastes, except special wastes as defined in §330.3, will be accepted for disposal at any point in time provided they can be managed with regular MSW in any available disposal area and will not interfere with facility operation. 29.2 Class 1 Non -Hazardous Industrial Wastes A Class 1 Non -Hazardous Industrial Waste is any industrial solid waste or mixture of industrial solid wastes that because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or other means, and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or otherwise managed as defined in 30 TAC §335.505 (relating to Class 1 Waste Determination). 29.3 Class 2 Non -Hazardous Industrial Wastes A Class 2 Non -Hazardous Industrial Waste is any individual solid waste or combination of industrial solid wastes that cannot be described as hazardous, Class 1, or Class 3 Non - Hazardous Industrial Wastes, as defined in 30 TAC § 335.506 (relating to Class 2 Waste Determination). 29.4 Class 3 Non -Hazardous Industrial Wastes A Class 3 Non -Hazardous Industrial Wastes is any inert and essentially insoluble industrial solid waste, including materials such as rock, brick, dirt, and certain plastics a. and rubber, etc., that are not readily decomposable as defined in 30 TAC § 335,507 / (relating to Class 3 Waste Determination). pF A�ca�. (9 �,,.,�" i lii lW .1t* EGusEti W. ODE ► t°9-i...„4"*"mt,......Hrlw.►4.44.1.N! Cc; 15,,,,06/71.1.6:t9 City of Corpus Christi 75 August 2007 Cefe Valenzuela Landfill - SOP Version 2 34.0 Visual Screening of Deposited Wastes The development of the disposal sectors or cells is performed in such a way as to minimize the visual appearance of waste disposal operations from beyond the property border. Disposal operations take place in different sectors or cells depending on the circumstances and weather conditions. All disposal operations are conducted in accordance with the following sections of this SOP to minimize the visual impact of waste disposal operations: ▪ Section 26 (relating to Landfill Cover) • Section 25 (relating to Compaction) ▪ Section 21 (relating to Salvaging and Scavenging) • Section 19 (relating to Disease Vector Control) • Section 13 (relating to Control of Windblown Solid Waste and Litter) • Section 10 (relating to Unloading of Waste) Unless otherwise indicated by the TCEQ, the City of Corpus Christi will continue performing operations as usual observing the sections mentioned above and implementing good housekeeping practices as necessary. Visual screening of waste disposal activities will be accomplished primarily by: O Vegetative screening on outer perimeter of the landfill area, and ® Vegetative screening along eastern side of the entrance road. Visual screening will be developed in general accordance with the Fill Sequence plans in Attachment 1 of the Site Development Plan. Vegetation will consist of appropriate trees, shrubs, and grasses recommended for the Corpus Christi area by the USDA or the Texas Forestry Service. City of Corpus Christi 76 July 2007 Cefe Valenzuela Landfill - SOP Version I 4iTh fie .,....4.-- 1 e teMICHAEL 6."°eer51 .006716§€9kliettiONALlo da 310 Operational Standards for Class 1 Waste Management Class I industrial solid waste will not be accepted and disposed of at this landfill unless compliance with §330.179 is achieved and maintained. 31.1 General Inspection Requirements In accordance with §335.585 and §330.179(a)(1), the City or its operator will inspect the landfill for compliance with the site operating plan and will develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards. The schedule will be maintained at the landfill office and will identify the types of problems (e.g., malfunctions or deterioration) that are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, or eroding dike). This schedule will be updated to reflect the types of Class I Industrial Waste to be accepted at the landfill. The frequency of inspection may vary for the items on the schedule. However, the frequency will be based on the rate of deterioration of the equipments and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, will be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies required in 40 Code of Federal Regulations §264.303 for hazardous waste landfills. The City or its operator will remedy any deterioration or malfunction of equipment or structures that the inspection reveals on a schedule that ensures that the problem does not lead to an envirotunentaI or human health hazard, Where a hazard is imminent or has already occurred, remedial action will be taken immediately. The City or its operator will record inspections in an inspection log or summary, and retain these records in accordance with the requirements of §335.1l3(d) (relating to Reporting of Emergency Situations by Emergency Coordinator). At a minimum, these City of Corpus Christi 77 August 2007 Cefe Valenzuela Landfill - SOP Version 2 records will include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. 31.2 Personnel Training In accordance with §335.586 and §330.179(a)(2), landfill personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of §335, Subchapter T. The City will ensure that this program includes all the elements described in the document required under subsection §335.586(d)(3). This program will be directed by a person trained in waste management procedures, and will include instruction that teaches landfill personnel waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed. At a minimum, the training program will be designed to ensure that landfill personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable: • procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; • communications or alarm systems; • response to fires or explosions; • response to ground -water contamination incidents; and o shutdown of operations. Landfill personnel must successfully complete the program required in §335.586(a) within six months after the date of their employment or assignment to the landfill. Employees will not work in unsupervised positions until they have completed the training requirements of §335.586(a). Landfill personnel must take part in an annual review of the initial training required to ensure that ongoing training needs are addressed and maintained. The owner or operator must maintain the following documents and records at the facility: City of Corpus Christi 78 July 2007 Cefe Valenzuela Landfill - SOP Version 1 • The job title for each position at the facility related to waste management, and the name of the employee filling each job; • A written job description for each position listed above. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position; a A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed above; and • Records that document that the training or job experience required has been given to, and completed by, landfill personnel. Training records on current landfill personnel will be kept until closure of the facility and training records on former employees will be kept for at least three years from the date the employee last worked at the facility. Landfill personnel training records may accompany personnel transferred within the same company. 31,3 Waste Analysis In accordance with §335.587 and §330.179(a)(3), the following waste analysis requirements apply to the landfill: ® Before treating, storing, or disposing of any waste, the City will obtain a chemical and physical analysis of a representative sample of the waste. At a minimum, the analysis will contain all the information that must be known to treat, store, or dispose of the waste in accordance with §335, Subchapter T. o A waste generator's studies conducted on waste generated from processes similar to that which generated the waste to be managed at the facility may be included in the data base required. o The City may arrange for the generator of the waste to supply the information required by §335.587(a)(1). If the generator does not supply the information, and the City chooses to accept a waste, City will be City of Corpus Christi 79 July 2007 Cefe Valenzuela Landfill - SOP Version 1 responsible for obtaining the information required to comply with the regulations. ® The analysis may include data developed under §335, Subchapter R (relating to Waste Classification), and existing published or documented data on a waste or on such waste generated from similar processes. • The analysis must be repeated as necessary to ensure that it is accurate and up-to- date. At a minimum, the analysis must be repeated: o when the owner or operator is notified, or has reason to believe, that the process or operation generating the waste has changed; and o when the results of the inspection required in §335.587(a)(4) of this subsection indicate that the waste received at the landfill does not match the waste designated on the accompanying manifest or shipping paper. a The City will inspect and, if necessary, analyze each waste received at the landfill to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper. The City will develop and follow a written waste analysis plan that describes the procedures which the City will carry out to comply with the regulations. This plan will be submitted to the TCEQ and will be kept at the landfill office. The plan will specify: o the parameters for which each waste will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties); • the test methods which will be used to test for these parameters; and • the sampling method that will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either one of the sampling methods described in Appendix I of Title 40 Code of Federal Regulations Part 261 or an equivalent sampling method approved by the executive director; d the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date; ® the waste analyses that waste generators have agreed to supply; and City of Corpus Christi 80 July 2007 Cefe Valenzuela Landfill - SOP Version 1 • where applicable, the methods that will be used to meet any additional waste analysis requirements in §335.588 (relating to General Requirements for Ignitable, Reactive, or Incompatible Wastes). This plan will be developed when Class I wastes are proposed for disposal and will be updated as needed to meet the specific needs of the individual Class I wastes. 31.4 Ignitable, Reactive, or Incompatible Wastes In accordance with §335.588 and §330.179(a)(4), the City will take precautions to prevent accidental ignition or reaction of wastes that are ignitable or reactive as defined in §335.505 (relating to Class 1 Waste Determination). This waste will be separated and protected from sources of ignition or reaction including, but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat -producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste. The landfill may dispose ignitable or reactive waste, or mix incompatible waste or incompatible wastes and other materials, therefore requiring the landfill to take precautions to prevent reactions which: ® generate extreme heat or pressure, fire or explosions, or violent reactions; • produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment; a produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions; • damage the structural integrity of the device or facility; or • through other like means threaten human health or the environment. City of Corpus Christi 81 July 2007 Cefe Valenzuela Landfill - SOP Version 1 When the above-mentioned conditions apply, the City will document compliance with §335.588(a) and (b). This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses as specified in §335.587 (relating to Waste Analysis), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. 313 Contingency Plan In accordance with §335.589 and §330.179(a)(5), the City will have a contingency plan for the landfill. The contingency plan is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non -sudden release of waste or constituents of such waste to air, soil, or surface water. The contingency plan will be submitted to the executive director with the permit application and, after modification or approval, will become a condition of any permit issued. The provisions of the plan will be carried out immediately whenever there is a fire, explosion, or release of waste or constituents of such waste that could threaten human health or the environment. The contingency plan describes the actions landfill personnel will take to comply with §335.589(a) and (f) in response to fires, explosions, or any unplanned sudden or non - sudden release of waste or constituents of such waste to air, soil, or surface water at the landfill. Also included are arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services. The City will maintain a list of names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator, and this list must be kept up-to-date and at the landfill. A list of all emergency equipment will be kept at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems, and decontamination equipment), where this equipment is required. This list must be kept up- to-date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities. City of Corpus Christi 52 July 2007 Cefe Valenzuela Landfill - SOP Version 1 The plan includes an evacuation plan for landfill personnel in the event that evacuation is necessary. This plan describes signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in case the primary route is blocked by releases of waste or fires. A copy of the contingency plan and all revisions to the plan must be maintained at the landfill and submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services. The contingency plan will be reviewed and updated, if necessary, whenever: ® the landfill permit is revised; ® the plan fails in an emergency; e the landfill changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of waste or constituents of such waste, or changes the response necessary in an emergency; or P the list of emergency equipment changes. At all times Class I waste is accepted for disposal, there must be at least one employee either on the landfill property or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator will be thoroughly familiar with all aspects of the landfill's contingency plan, all operations and activities at the landfill, the location of all records at the landfill, and the landfill layout. In addition, this person will have the authority to commit the resources needed to carry out the contingency plan. Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) will immediately activate City of Corpus Christi $3 July 2007 Cefe Valenzuela Landfill - SOP Version 1 facility alarms or communication systems, where applicable, to notify all facility personnel and notify appropriate state or local agencies with designated response roles if their help is needed. Whenever there is a release, fire, or explosion, the emergency coordinator will immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis. Concurrently, the emergency coordinator will assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment will consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any waste surface water run-off from water or chemical agents used to control fire and heat -induced explosions). If the emergency coordinator determines that the landfill has had a release, fire, or explosion that could threaten human health, or the environment, outside the landfill property boundary and if the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator will immediately notify appropriate local authorities, and must be available to help appropriate officials decide whether local areas should be evacuated. The emergency coordinator will immediately notify either the government official designated as the on -scene coordinator for that geographical area, (in the applicable regional contingency plan under 40 CFR Part 1510) or the National Response Center (using their 24-hour toll free number 1-800-424-8802). The report will include: • name and telephone number of reporter; e name and address of facility; o time and type of incident (e.g., release, fire); o name and quantity of material(s) involved, to the extent known; ® the extent of injuries, if any; and City of Corpus Christi 84 July 2007 Cefe Valenzuela Landfill - SOP Version 1 • the possible hazards to human health, or the environment, outside the facility. During an emergency, the emergency coordinator will take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other waste at the landfill. These measures include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers. If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. Immediately after an emergency, the emergency coordinator will provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the landfill, The City will classify all recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility in accordance with §335, Subchapter R (relating to Waste Classification) and in accordance with all applicable requirements of §335, Subchapter A (relating to Industrial Solid Waste and Municipal Hazardous Waste in General). The City will notify the executive director, and other appropriate state and local authorities, that the landfill is in compliance before operations are resumed in the affected area(s) of the landfill. The emergency coordinator will ensure that, in the affected area(s) of the landfill: • no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and ® all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. City of Corpus Christi 85 July 2007 Cefe Valenzuela Landfill - SOP Version 1 The City will note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the City will submit a written report on the incident to the executive director. The report must include: • name, address, and telephone number of the City's representative; • name, address, and telephone number of the landfill; O date, time, and type of incident (e.g., fire, explosion); • name and quantity of materiaI(s) involved; • the extent of injuries, if any; ® an assessment of actual or potential hazards to human health or the environment, where this is applicable; and o estimated quantity and disposition of recovered material that resulted from the incident. 31.6 Operational and Design Standards In accordance with §335.590(25) and §330.179(a)(6), hazardous waste from a conditionally exempt small quantity generator as defined in §335.78(a) (relating to Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators), may be accepted for disposal at the Cefe landfill, provided the amount of hazardous waste accepted from each conditionally exempt small quantity generator does not exceed 220 pounds (100 kilograms) a calendar month, and provided the City is willing to accept the hazardous waste. In accordance with §330.179(b), nonhazardous industrial waste may be placed above natural grade provided that the conditions in §335.590(24)(F)(i)-(vi) of this title are met, except as provided in §335.590(24)(F)(vii). City of Corpus Christi sb July 2007 Cefe Valenzuela Landfill - SOP Version 1 Appendix IV -A Alternate Daily Cover Manufacture's Information City of Corpus Christi Cefe Valenzuela Landfill - SOP July 2007 Version 1 01-46 3M General Offices 3596 3M Center St. Paul, Minnesota 55144-1000 612/733-1110 MATERIAL SAFETY DATA SHEET DIVISION: SPECIALTY CHEMICALS DIVISION TRADE NAME: FC -4200 SANIFOAH Synthetic Daily Cover (Resin) 3M I.D. NUMBER: 98-0211-4818-8 98-0211-4858-4 98-0211-6550-5 ISSUED: JANUARY 12, 1994 SUPERSEDES: JULY 22, 1993 DOCUMENT: I0-4210-0 1. INGREDIENT C.A.S. N0. PERCENT WATER 7732-18-5 52.0 UREA -FORMALDEHYDE RESIN 4-(5641P) TradeSecret 39.0 ADDITIVE -(5642P) TradeSecret 9-0 FREE FORMALDEHYDE 50-Q0-0 0.7 NOTE: New Jersey Trade Secret Registry (EIH) 04499600 -4 - THIS PRODUCT TAINS E WING AL OR CHEMICALS CT REQUIREMENTS OFNSECTI0NH313pOFgTITLE TIIICOFHTHE OSUPERFUUD AMENDMENTS AND TO ANDREAUTHORIZATION ACT OF 1986 AND 40 CFR PART 372: FREE FORMALDEHYDE 2. PHYSICAL DATA BOILING POINT - VAPOR PRESSURE - VAPOR DENSITY: EVAPORATION RATE- SOLUSILITY IN WATER: SP. GRAVITY - PERCENT VOLATILE: VOLATILE ORGANICS: VOC LESS HZO & EXEMPT SOLVENT pH- VISCOSITY- MELTING H:VISCOSITY:t4ELTING POINT APPEARANCE AND ODOR: 100 C ca. 31 mmHg Calc. a R.T. ca. 0.68 Air = 1 Calc. D R.T. < 1.0 Eu+yl Acetate 3:1 ca. 1.2 Water = 1 52 Z N/D N/D ca, 6.5 HID N/D White opaque viscous liquid. 1 3. FERE AND EXPLOSION HAZARD DATA FLASH POINT- > 100.00 C Setaflash FLAMMABLE LIMITS - LEL: N/A FLAMMABLE LIMITS UEL: N/A AUTOIGNITION TEMPERATURE: . N/D EXTINGUISHING MEDIA: Water, Foam SPECIAL FIRE FIGHTING PROCEDURES: Wear full protective clothing, including helmet, self-contained, positive pressure or pressure demand breathing apparatus, bunker and pants, bands around arms, waist and legs, face mask, and Protective covering for exposed areas of the head. UNUSUAL FIRE AND EXPLOSION HAZARDS: See Hazardous Decomposition section for products of combustion. coat Abbreviations: N/D - Not Determined N/A - Not Applicable 01-46 3M General Offices 3597 3M Center St. Paul, Minnesota 55144-1000 612/733-1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4200 SANIFOAM Synthetic Daily Cover (Resin) JANUARY 1Z, 1994 PAGE: 2 of 4 4. REACTIVITY DATA STABILITY: Stable INCOMPATIBILITY - MATERIALS TO AVOID: Solidifies upon addition of acids. HAZARDOUS POLYMERIZATION: Will Not Occur HAZARDOUS DECOMPOSITION PRODUCTS: Oxides of Nitrogen Amine Compounds 5. ENVIRONMENTAL INFORIMATI0N SPILL RESPONSE: Refer to other sections of this MSDS for information regarding physical and health hazards, respiratory protection, ventilation, and personal protective equipment. Call (612) 733-1110 or (612) 733-6100 for 24-hour spill assistance. Dilute in a large excess of water. Carefully, and with stirring, add appropriate dilute acid such as sulfamic acid or vinegar. Confirm neutrality. Collect spilled material. RECOMMENDED DISPOSAL: Flush spent solutions and small quantities (less than 5 gal.(19 L)) to a wastewater treatment system. Dispose of waste product in a sanitary landfill. Dispose of completely cured (or polymerized) material in a sanitary landfill. Discharge the resin/water mixture to a wastewater treatment system, or landfill the precipitate. ENVIRONMENTAL DATA: Prior to sanitary landfill disposal, solidify by stirring 1 gallon vinegar per 50 gallons of paste or liquid product. For spills and small quantities, dilute with water -- use greater than 3 times the spill volume. This will precipitate the resin into small flakes. Discharge the resin/water mixture to a wastewater treatment system, landfill the precipitate. or SARA HAZARD CLASS: FIRE HAZARD: No PRESSURE: No REACTIVITY: No ACUTE: Yes CHRONIC: Yes 6. SUGGESTED FIRST AID EYE CONTACT: Immediately flush eyes with large amounts of water. Get immediate medical attention. SKIN CONTACT: IMMEDIATELY wash affected area with soap and water, INNALATIQN: If signs/symptoms occur, remove person to fresh air. If signs/symptoms continue, call a physician. IF SWALLOWED: Drink two glasses of water. Call a physician. — L — __ : — _ J 1e . • 01-46 3M General Offices 3598 3M Center St. Paul. Minnesota 551444000 612/733-1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4200 SANIFOAM Synthetic Daily Cover (Resin) JANUARY 12, 1994 PAGE: 3 of 4 7. PRECAUTIONARY INFORMATION EYE PROTECTION: Avoid eye contact. Wear vented goggles. Wear safety glasses with side shields. SKIN PROTECTION: Avoid skin contact. Wear appropriate gloves when handling this material.. VENTILATION PROTECTION: Use with appropriate local exhaust ventilation. Provide sufficient ventilation to maintain emissions below recommended exposure limits. If exhaust ventilation is not adequate, use appropriate respiratory Protection. RESPIRATORY PROTECTION: Select one of the following NIOSH approved respirators based on airborne concentration of contaminants and in accordance with OSHA regulations: full -face supplied air respirator. PREVENTION OF ACCIDENTAL INGESTION: Not determined. RECOMMENDED STORAGE: Keep container closed when not in use_ FIRE AND EXPLOSION AVOIDANCE: Keep container tightly closed. EXPOSURE LIMITS INGREDIENTS VALUE UNIT TYPE AUTH SKIN* WATER NONE NONE NONE NONE UREA -FORMALDEHYDE RESIN +(5641P) NONE NONE NONE NONE ADDITIVE +(5642P) NONE NONE NONE NONE FREE FORMALDEHYDE 0.3 ppm CEIL ACGIH FREE FORMALDEHYDE 1 ppm TWA OSHA OSHA STANDARD 1910.1048 FREE FORMALDEHYDE 2 ppm STEL OSHA OSHA STANDARD 1910.1048 FREE FORMALDEHYDE 0.5 ppm TWA OSHA OSHA ACTION LEVEL x SKIN NOTATION: Listed substances indicated with "Y" under SKIN refer to the potential contribution to the overall exposure by the cutaneous route including mucous membrane and eye, either by airborne or, more particularly, by direct contact with the substance. Vehicles can alter skin absorption. SOURCE OF EXPOSURE LIMIT DATA: - ACGIH: American Conference of Governmental Industrial Hygienists - OSHA: Occupational Safety and Health Administration - NONE: None Established Abbreviations: H/D - Not Determined N/A - Not Applicable 01-46 3M General Offices 3599 3M Center SI Paul, Minnesota 55144.5000 6121733-1130 MATERIAL SAFETY DATA SHEET MSDS: FC -4200 SANIFOAM Synthetic Daily Cover (Resin) JANUARY 12, 19914 PAGE: 4 of 4 8. HEALTH HAZARD DATA EYE CONTACT: Single exposure may cause: Mild Eye Irritation: signs/symptoms can include redness, swelling, pain, and tearing. SKItl CONTACT: Allergic Skin Reaction: signs/symptoms can include redness, swelling, blistering, and itching. i1.1d Skin Irritation: signs/symptoms can include redness, swelling, and itching. INHALATION: Irritation (upper respiratory): signs/symptoms can include soreness of the nose and throat, coughing and sneezing. IF SWALLOWED: Ingestion is not a likely route of exposure to this product, Ingestion may cause: Irritation of Gastrointestinal Tissues: signs/symptoms can include pain, vomiting, abdominal tenderness, nausea, blood in vomitus, and blood in feces. CANCER: FORMALDEHYDE (50 -00 -fl) is a potential cancer hazard causing nasal cavity cancer by the inhalation route of exposure in laboratory animal studies {NTP anticipated human carcinogen, ACGIH suspected human carcinogen A2, IARC probable human carcinogen 2A, OSHA listed carcinogen, Calif. Proposition 65). REPRODUCTIVE/DEVELOPMENTAL TOXINS: FORMALDEHYDE (50-00-0) Female Reproductive System Effects: symptoms can include abnormal menstral cycle and inability to become pregnant. OTHER HEALTH HAZARD INFORMATION: A 3M Product Toxicity Summary Sheet is available. SECTION CHANGE DATES HEADING SECTION CHANGED SINCE JULY 22, 1993 ISSUE HEALTH HAZD. DATA SECTION CHANGED SINCE JULY 22, 1993 ISSUE Abbreviations: N/D - Not Determined N/A - Not Applicable the information on this Data Sheet represents our current data and best opinion as to the proper use in handling of this material under normal conditions. Any use of the material which is not in conformance with this Data Sheet or which involves using the material in combination with any n+hnr ma}p- 1 n.- ani♦ n+h. r r n, tc - 46n ..t 4L.. 01-46 3M General Offices 3600 3M Center St. Paul, Minnesota 55144-1000 612/733-1110 MATERIAL SAFETY DATA SHEET DIVISION: INDUSTRIAL CHEMICAL PRODUCTS DIVISION TRADE NAME: PC -4201 SANIFOAM Synthetic Daily Cover (Foamer) 3M I.D. NUMBER: 98-0211-4823-8 98-0211-4824-6 ISSUED: MARCH 11, 1992 SUPERSEDES: MARCH 3, 1992 DOCUMENT: 10-4220-9 1. INGREDIENT C.A.S. NO, PERCENT WATER 7732-18-5 57.0 58.0 SURFACTANT +(5012P) TradeSecret 28.0 - 29.0 PHOSPHORIC ACID 7664-38-2 13.0 14.0 NOTE: New Jersey Trade Secret Registry (EIN) 800971-4- THIS 00971-+TRIS PRODUCT CONTAINS THE FOLLOWING TOXIC CHEMICAL OR CHEMICALS SUBJECT TO THE REPORTING REQUIREMENTS OF SECTION 313 OF TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 AND 40 CFR PART 372: PHOSPHORIC ACID 2. PHYSICAL DATA BOILING POINT• 100.00 C VAPOR PRESSURE- ca. 31.0000 mmHg Calc. a R.T. VAPOR DENSITY: ca. 0.68 Air = 1 Calc. a R.T. EVAPORATION RATE• < 1.00 Butyl Acetate = 1 SOLUBILITY IN WATER: complete SP. GRAVITY- ca. 1.200 Water = 1 PERCENT VOLATILE: 54.00 X VOLATILE ORGANICS: N/D VOC LESS H2O & EXEMPT SOLVENT N/D pfl: < 2 00 VISCOSITY: N/D MELTING POINT N/0 APPEARANCE AND ODOR: Clear brown liquid. 3. FIRE AND EXPLOSION HAZARD DATA FLASH POINT- > 100.00 C FLAMMABLE LIMITS - LEL: N/A FLAMMABLE LIMITS - UEL: N/A AUTOIGNITION TEMPERATURE: .. N/D EXTINGUISHING MEDIA: Water, Foam SPECIAL FIRE FIGHTING PROCEDURES: Full-faced mask self-contained breathing apparatus which provides eye protection should be worn. UNUSUAL FIRE AND EXPLOSION HAZARDS: Will cause acid burns on tissue, eyes, fabrics. NFPA-HAZARD-CODES: HEALTH 2 FIRE 1 REACTIVITY 0 UNUSUAL REACTION HAZARD: none Abbreviations: N/D - Not Determined N/A - Not Applicable 3M General Offices 3M Center St. Paul, Minnesota 55144-1000 612,733-1110 MATERIAL SAFETY DATA SHEET 01-46 3601 MSDS: FC -L4201 SANIFOAM Synthetic Daily Cover (Foamer) MARCH 11, 1992 PAGE: 2 of 4 4. REACTIVITY DATA - STABILITY: Stable INCOMPATIBILITY - MATERIALS TO AVOID: Not applicable HAZARDOUS POLYMERIZATION: Will Not Occur HAZARDOUS DECOMPOSITION PRODUCTS: Sulfur, Phosphorous Compounds 5. ENVIRONMENTAL INFORMATION SPILL RESPONSE: Observe precautions from other sections. Cover with a slurry of soda ash and slaked lime. Collect spilled material. Clean up residue with a soda ash solution. Place in a polyethylene --lined metal container, and seal. RECOMMENDED DISPOSAL: Carefully, with stirring and cooling, add waste product to a solution of soda ash and slaked lime. Confirm neutrality. Discharge spent solutions to a wastewater treatment system. Reduce discharge rate if foaming occurs. Since regulations vary, consult applicable regulations or authorities before disposal. U.S. EPA Hazardous Waste No.: D002 (Corrosive) ENVIRONMENTAL DATA: Testing in progress. SARA HAZARD CLASS: FIRE HAZARD: No PRESSURE: No REACTIVITY: No ACUTE: Yes CHRONIC: Yes 6. SUGGESTED FIRST AID EYE CONTACT: Immediately flush with plenty of water. Continue for IS minutes. Call a physician. SKIN CONTACT: IMMEDIATELY wash affected area with soap and water, In case of allergic reaction, consult a physician. INHALATION: If symptoms occur, remove person to fresh air. If symptoms continue, call a physician. IF SWALLOWED: DO NOT INDUCE VOMITING. Give copious amounts of water. IMMEDIATELY call a physician or Poison Control Center. 7. PRECAUTIONARY INFORMATION EYE PROTECTION: Safety Goggles 01-46 3M General Offices 3602 3M Center St. Paul, Minnesota 55144-1000 612/733.1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4201 SANIFOAM Synthetic Daily Cover (Foamer) MARCH 11, 1992 PAGE: 3 of 4 7. PRECAUTIONARY INFORMATION (continued) SKIN PROTECTION: Rubber gloves, protective clothing. VENTILATION PROTECTION: Local exhaust ventilation is recommended for transfer and mixing. RESPIRATORY PROTECTION NIOSH approved respirator with organic vapor cartridge and particulate filter. PREVENTION OF ACCIDENTAL INGESTION: Not determined. RECOMMENDED STORAGE: Not determined. FIRE AND EXPLOSION AVOIDANCE: Not determined. OTHER PRECAUTIONARY INFORMATION: Use only in well ventilated areas. Do not breathe vapors, wear respiratory protection when ventilation is not available for transfering and mixing. Do not get in eyes, on skin or clothing; wear personal protection. Keep container closed when not in use. +++Testing reported is for a version that contained 6% hydroquinone (CAS 123-31-9). We do not expect this change to affect the reported results. EXPOSURE LIMITS INGREDIENTS VALUE UNIT TYPE RUTH SKIN= WATER NONE NONE NONE NONE SURFACTANT +(5012P) NONE NONE NONE NONE PHOSPHORIC ACID 1 mg/m3 TWA ACGIH PHOSPHORIC ACID 3 mglrn3 STEL ACGIH PHOSPHORIC ACID 1 mg/m3 TWA OSHA PHOSPHORIC ACID 3 mg/m3 STEL OSHA m SKIN NOTATION: Listed substances indicated with "Y'* under SKIN refer to the potential contribution to the overall exposure by the cutaneous route including mucous membrane and eye, either by airborne or, more particularly, by direct contact with the substance. Vehicles can alter skin absorption. SOURCE OF EXPOSURE LIMIT DATA: ACGIH: American Conference of Governmental Industrial Hygienists - OSHA: Occupational Safety and Health Administration - NONE: None Established Abbreviations: N/D - Not Determined N/A - Not Applicable 01-46 3M General Offices 3603 3M Center St. Paul, Minnesota 55144-1000 612/733-1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4201 SAHIFOAM Synthetic Daily Cover (Foamer) MARCH 11, 1992 PAGE: 4 of 4 8. HEALTH HAZARD DATA EYE CONTACT: +++May cause slight irritation of the eyes on direct contact. SKIN CONTACT: +++May cause slight irritation of the skin on prolonged contact. INHALATION: +++No test data available. Phosphoric acid mist and vapor may cause severe respiratory system irritation. IF SWALLOWED: +++Considered practically non-toxic orally; the acute oral LD50 in the rat is greater than 5 grams per kilogram of body weight. Not an expected route of exposure. SECTION CHANGE DATES INGREDIENTS SECTION CHANGED SINCE MARCH 3, 1992 ISSUE PRECA11T. INFO. SECTION CHANGED SINCE MARCH 3, 1992 ISSUE Abbreviations: IUD - Not Determined N/A - Not Applicable The information an this Data Sheet represents our"current data and best opinion as to the proper use in handling of this material under normal conditions. Any use of the material which is not in conformance with this Data Sheet or which involves using the material in combination with any SaniFoamM Technical Information Synthetic Daily Cover Operational Properties ® Soil Cover Equivalence - A 1" layer of SaniFoam Synthetic Daily Cover provides daily cover performance equivalent to 8" of compacted soil (Report, Georgia Institute of Technology, dated 9/4/81). s Coverage Rate - Approximately 12,000 square feet of daily cover can be applied in 30 minutes using hand-held equipment (400 sq, ftfmin.); the P8.83 Automatic Spray Rig can cover the same area in less than 15 minutes (800 sq. ft./min.). • Rodent Control - Creates an environment hostile to rodents; discourages burrowing. • Vector Control - Contributes no nutrients; seals waste from the air; seals in waste -borne flies_ o Dust Control -- Contributes no airborne dust; aids in dust control in situations where water cannot be used, a Litter Control - Provides rapid, temporary means of controlling blowing litter on workface. o Odor Control -- Temporarily seals in odor -causing gases; provides means for rapid and continuous coverage of wastes during the day in situations where odors are an immediate and continuous problem. • Fire Performance -- Non-flammable and self -extinguishing. - Wel content: 0 (ASTM E84) - Fire containment: Adds no fuel; seals fire from air. - Ignition temperature: Greater than 1,200°F - Smoke density: Less than that of red oak (ASTM E84) - Relative inhalation toxicity: less than that of plywood (Federal Hazardous Substance Act 191 (f] [21). - Gaseous byproducts of high temperature exposure (1,300°F): HON, NH* and GO, all within OSHA standards for the workplace. a Compressibility - Compresses to Less than 1/10 its initial volume during next day's landfill operations. Landfill Compatibility Properties ▪ Application Climate - Temperature - Can be applied at any ambient temperature, solutions and material delivery lines must be protected against freezing, - Wind -- Can be applied in moderate winds up to 35 mph (With handheld equipment only). - Rain -- Can be applied during light to moderate rainfall. Once applied and set up, can withstand moderate to heavy rain, depending on thickness and method of application. • Filling Method - Compatible with area, trench or ramp landfill designs. • Landfill Capacity - Extends site capacity for waste material up to 15-20%. • Contouring -- Once compacted by next day's refuse, occupies no space, and therefore has no influence on final landfill contours. ® Runoff Control -- Foam "skin" supports surface water runoff; can be shaped to channel runoff; attains maximum water resistance 2 hours after application. ® Erosion Control - Provides for temporary daily surface contouring to prevent erosion; will hold when applied on steep faces_ -$anEoarn" k a registered Iraltrnask of 3M 90-0211-(563-6(59 owti XV o3141989 tzuol5,99 1.,t119 k USA- SaniFoani Synthetic Daily Cover Technical Information Available Tests, Reports, Site Evaluations and Laboratory Analyses Performed on SaniFoam" Synthetic Daily Cover by Independent Laboratories, Agencies, Universities and Consulting Firms 1. Environmental Impact on the Use of Plastic Foam as a Daily and Interim Landfill Cover, Professor Graham, Allen, University of Washington, August 11, 1981. 2. SaniBfanket'° Operational Test, Dr. Sidney 1. Arstman and Dr. Frederick G. Pohland, Georgia Institute of Technology Engineering Experiment Station, August 18, 1981. 3. Control of Emissions During Excavation of Hazardous Waste Sites, (Evaluates and recommends SaniFoam as the "most viable and economically attractive" method for "controlling odor and toxic gas emissions during excavation of hazardous wastes."), South Coast Air Quality Management District, November 5, 1981: 4. Leachate Generation Tests (Tests showing near normal pH and no free formaldehyde in SaniBlanker, concluding that SaniBianket"' is biodegradeable over long periods of time.), American Standards Testing Bureau, April 15, 1982. 5. Evaluation of the Potential for Senatanket'° to Emit Formaldehyde and Ammonia (Results al a six-week field test to determine worker exposure, if any, to formaldehyde and ammonia as a result of working with SaniBlanker), BCL Associates, October, 1982. 6. Thirteen EPA Metal Analysis (A test to demonstrate the absence of heavy metals in SaniBlanker • an important factor in groun.water protection). BCL Associates, December 15, 1982. 7. Letter confirming findings that SaniBlanket" will not adversely affect employees working with SaniBfanket", Cal/OSHA, January 14, 1983. 8. Report on Headspace Analysis for Foam_cSani8lanket") as per EPA method 5020 (A test showing formaldehyde levels below OSHA requirements for worker exposure), BCL Associates, August 8, 1983. 9. Bioassay Analysis, conducted according to the California Assessment Manual for Evaluation of Toxic Materials (EPA Toxicity Test) (demonstrates that SaniBlanker will not toxify groundwater). Jacobs Environmental, October 12, 1983. 10. Letter conlirrning findings that SantBlanket'" is not classified as a hazardous waste, California Department of Health Services (DOHS), November 4, 1983. 11. The Use of Plastic Foam as a Cover Material During Lanrillitting of Solid Wastes (A report on an 18 -month pilot plant study to determine the long-term effects of SaniBlanker on Leachate and to demonstrate its safety in the landfill environment), Georgia Institute of Technology, December 27, 1983. 12. Analysis of the Environmental Impact of Using SaniBlanker Foarn as a Daily Cover Material for the Workface of Non -Hazardous Landfills in California, BCL Associates, 1983. 13. Evaluation of the Permeability of SaniBlanker (Study report showing that the permeability of SaniBlanker' is equal to, or less than, sandy soils In rain_), BCL Associates, January, 1984. 14. Permeability Test Results on SaniFoam Materials, (Study report showing that the coefficient of permeability for SanlBlanket°° is better than that of sandy soils.), Woodward -Clyde Consultants, April 17, 1985. 15. Use of Synthetic Material for Landfill Daily Cover, (Evaluation of a six month test program to evaluate SaniBlanker foam at the Outagamie County, Wisconsin landfill.) Paper presented at the Ninth Annual Madison Waste Conference, Univ. of Wisconsin - Madison, Dept. of Engineering Professional Development, September 9, 1986. 16. Summary of Sanifoam= SDC (Evaluation at Bradley West Landfill in Sun Valley), California, October 22, 1982. 17. Operational test Report of Use of SaniFoam" SDC (California Landfill - California Waste Mgrnt. Board), October, 1982. 18. Summary of SaniFoam" SDC (Evaluation at Lantana Landfill in Palm Beach, Florida), August, 1983. 19. Summary of SaniFoam'" SDC (Evaluation at G.R.O.W.S., Inc., Bucks Co., PA) October/November, 1989. 20. Sumrriary of SaniFoam`" SDC (Evaluation at Cape May County Landfill, Woodbine, NJ) May, 1991. '$ roan" int ,e9 CeQ 1radafMc of 3M. 99-02,1-62-06-{81 ,,l, %Y O YA 199E im»± as' Ltc},pHU.SA. — 2 .— Pertinent Findings from Tests of SaniFoafnm` Synthetic Daily Cover Document # Page q Reference To Summary of Facts Stated 1 1 Water runoff • Rain tends to run off without penetrating into foam • Rain which penetrates foam is absorbed and held 2 Heavy rain • If water extractable portion of foam escaped during heavy, penetrating and prolan. ged rain. result would be same as for lawn fertikzers. Leachate 6 Any seepage from foam presents no environmental hazard. 3 Safety • "It can be cencluded with confidence that the use of plastic aminoplast foam as a daily and interim landfill cover will pose no significant environmental hazard. - 2 1 Equiv_ to dirt • Foam performed as specified for operational, landfill compatibility and physical properties of daily and intermediate cover. 2 Rainfall • No difficulty mainlairting adequate foam properties in Tight rainfall. Moderate Wind • No effect on the cowering operation Dust • Foam contributed no dust. in contrast to dust blowing from soil elsewhere on fill. Equiv 10 dirt. • Foam maintained physical integrity overnight and over weekend • Aro cracks or fissures observed at any time Insects, flies and rodents • Foam acted as a deterrent 10 flies. birds and vermin that were observed on the landfill, but not on the foam Rain • Operator wanted foam in wet weather to avoid problems he has with soil_ 3 1 Equiv. to dirt • For hazardous waste excavation, a 2" foam cover was an equivalent substitute for a six-inch soil cover. 14 Equiv, to dirt • Erwironmehlal impact statements...point out the feasibility of the material es an effective cover. Cost savings • The use of plastic foam has decidedly a marked advantage over top soil for covering trucks_ Odor control • Plastic foam presents strong possibilities as an economical and efficient substitute fx clean soil. Cost savings • The first cost (for compressor and pumps) may be considered minimal relative to the benefits and advantages that may be derived from We use of this material. 4 2 Leachate • This material is biodegradeable. 5 7 Safety • SaniBlanket does not contribute detectable level 01 ammonia to the atmosphere_ 6 1 Safety • All 13 EPA heavy metals are well below threshold limit conc. 7 f Safety • Formaldehyde levels are below 2 ppm limit • Ammonia levels are below 1 ppm; limit is 25 ppm., • Employees applying, using or in the vicinity of the operation would not be adversely affected. 8 1 Safety • No formaldehyde detected after 24 hours_ • The loam can be ciass;red as non -hazardous when used as daily cover for the face of Class II disposal sites_ 10 1 Safety • Sanif3tanket foam is not ri.rsstfied as a hazardous waste, based on aquatic bioassays in which it is not toxic to fish 11 1 Equiv. to dirt • Foam and its constituents had minimal impact on the landfill stabilization process. v • SaniFoam_..may be used as an alternative to daily landfill cover without posing adverse environmental impacts... 12 1 Odors • Prevents odors from being released from the worldace Dust and litter • Prevents dust or litter from being blown off the workface Insects and rodents • Prevents access to the refuse by insects and rodents. Birds • Discourages, to some extent, birds from scavenging refuse from the workfare. Runoff • Promotes efficient water runoff from the vokface_ Temperature • Provides controls even durino lemnera to re ertrPmPc Document !F 13 -- 3 --- Page # Reference To Summary of Facts Stated Economic Advantage • Increases landfill capacity be reducing the volume of space taken up by cover soil. 2 Cost savings • Foam cheaper than dirt - example. • Additional space made available by use of foam would generate $32,000 in extra revenues at $6.701cu_ yd_ tipping fee. Safety • Conc. Of ammonia and formaldehyde emitted to air are so tow as to be considered insignificant in terms o! both on-site worker safety and off-site air quality impacts. 3 Safety • The !carr 1, iiol. cc4c, based on five different tests. • The foam €s non-flammable and self extinguishing. • The foam is non -corrosive. • Contains no irritating, reactive or pressure generating compounds. 4 Leachate • Long-term tests indicate that SaniBlanket would not introduce significant levels of contaminants to landfill leachate_ • Conclusive statement: No significant environmental impacts would occur from using SantBtanket as a daily cover for the workiace of non -hazardous waste landfills." • The measured coefficients of permeability for SantBtanket are equivalent to values one would expect for very fine sands, silts and the like. Safety 2 Equiv_ to soil {water runoff) Water runoff • A properly applied layer will provide control of surface water infiltration equivalent to silty soil. Equiv to soil • Sani8tanket bas superior permeability characteristics to many of the sandy soils currenly used as cover material. SaniBlanket s tow pemeabiirty features will last for at least 48 tours. 14 2 Water runoff • Coefficient of permeability of 4.0 to 4.4 x 10(e-5) {Approx, equal to sandy soiL) 16 1 Cost savings • Saved 250 TPD cover dirt, • Saved 51,2501day revenue ($5/ton tip fee x 250 T) • Saved scraper time at $601hr. Equiv. to dirt • Found Sanifoarn an effective product to cover the open face. A Should not be applied to top of lift or left on for long periods. (Suggests overnight use for up to 12 hours only) Odor and vectors • Does control odor and vectors. 17 3 Odor • Prevents the escape of waste odor Utter • Prevents litter from blowing off the waste cell. Insects • Prevents the emergence of flies. Vectors, birds and animals • Prevents attraction of vectors, birds and animals. Water runoff • Prevents excess infiltration of rainwater to waste_ Dust • Controls dust particles from escaping. Cost savings • Will increase site capacity by the approximate volume normally occupied by soil cover material. Equiv. to dirt • IT IS THE OPINION OF THE CWM8 STAFF THAT USING SANIBLANKET FOR A NONHAZARDOUS LANDFILL SITE AS A DAILY COVER CAN MEET THE REQUIRED LEVEL OF PERFORMANCE OBJECTIVES AS SET FORTH IN TITLE 14, CAC SECTIONS 17225.16, 17682, AND 17683_ 4 Use should be limited to active faces wisfopes of 5% or more for a period of 24 hours or less. • Foam shall not be used on rainy days. 6 Standards • SaniBlanket evatuated under current regulatory standards Tram - California Waste Management Board - CAL/OSHA - South Coast Air Quality Mgmt District - State Deparlrnent of Health Services - California Regional Water Quality Control Board 18 High winds • High vefodty winds may affect the foaming Rain • Using SaniBlanket during Tight to moderate rain is being done €n other states, but Calif_ currently restricts use to non -rainy days. Runoff • Foam can absorb 60% of its votume in water 1 eachatn • Initial leaching effects are minimal and short-lived. Document # 18 ,4W Page # Reference To Summary of Facts Stated ii Cost savings • SaniBlanket daffy cover costs 8.42¢Isq_ IL compared to oft -site sand at 8.87¢1sq. f1. Overall savings • Sani8lanket recommended for daily cover because of landfill volume savings potential and limited on-site material resources. v Overall advantage of • Octsrpies fess landfill volume using foam • Reduces fnlillration at surface runoff • Improves vector =trot 6 Conserves supplies of on-site sand cover vii Reasons to recommended use • Conservation of landfill volume • Limited on-site cover • No evidence of emrironmental damage • Ability to conserve expensive off-site cover material 2-6 Equiv. to dirt • Y thick application of SaniBlanket will function as welt as, or better than. 6" of sand as a cover material. 2-7 Equiv. to dirt • Not viable for intermediate or final cower. • Cracks develop approximately 72 hours alter application. • Can extend useful fife of landfill since volume otherwise occupied by sand can be occupied by solid waste. Temperatures • Few incidents of equipment dogging even al temps up to 90°F Winds • Moderate winds fess than 15 mph will not affect foam ptacemenL Rain • Recommend chat SaniBlanket not be exposed to rain within 15 minutes alter apptfcation. 2.8 Rain • Rain atter application pitted surface, but did not reduce integrity of foam cover. Runoff • Less penetration of precipitation into landfill than with conventronat cover. insects • Relatively iiitpervious skin of foam makes penetration difficult for insects. Vermin • Tests at the College of Physicians and Surgeons of Columbia Univ show that a rat will not burrow through foam top to get at food encased In it. Flies, birds, vectors • Hies, birds and vectors present when sand cover was used, avoided the same area when covered with SaniBfanket. • No degradation of foam layers from animals or birds walking on it or attempting to burrow beneath for food. 2.11 Birds • Birds at the landfill would not land on the surface immediately after it was covered with foam. Flies • Fires avoided the foamed surface, but swanned nearby on the sand -covered solid waste. Rain • Foam surface dry to touch in morning after overnight rain; surface pitted from rain. Odor (after rain) • No odor from waste beneath the foam even atter rain fell on foam_ Litter (after rain) • Foam held to slope after rain and prohibited blowing waste. Vectors (after rain) • No flies, birds or vectors on foam. but tracks where birds had landed. 19• Contact 3M for detave 20 • Contact 3M for details. For further information, calf 612/736 4 236. Important Notice to Purchaser. A11 statements, technical information ami reoonihiendalions hereto are based on tests we believe to be reliable, but the accuracy or completeness thereof is not guaranteed, and the following is made In lieu of all warranties, expressed or implied, indudng the Implied warranties of merchantability and fitness for purpose: Setter's and manufacturer's only obligation shall be to replace such quantity of the product proved to be defective. Before using, user shaft determine the suitability of the product for its intended use, and user assumes all risk and lrabiety whatsoever in connection therewith. NEITHER SELLER NOR MANUFACTURER SHALL BE LIABLE EITHER IN TORT OR IN CONTRACT FOR ANY LOSS OR DAMAGE, DIRECT. INCIDENTAL, OR CONSEQUENTIAL. ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT: No statement or recommendation not contained herein shalt have any Wee or effect unless in E COCC.SDP POLYETHYLENE TARP MATERIAL SAFETY DATA SHEET AND TECHNICAL INFORMVMATION 9-33 FAB FIEI'iG INC. 0608: FAB 00i -A Material Safety Data Sheet 1. 'PRODUCT I CIFICATION Trade Name; Synonyms: Uses: Manufacturer/Supplier: Telephone Numbers: a FABRENE 18 FAH[ INC' a REs IISTERED 'TRADE HARH FOR ITS WOVEN POLYOLEFIN FABRIC FABRENE a WOVEN POLYOLEFIN FABRENE CORP. Address: 8927/8929 J.M. KEYNES DR., SUITE 301 CtIARLOPTF, N. C. U.S.A., 28213 (704)-548-0628 L< Ha -4=w INaumiariS NONE OF THE FABRENE WOVEN POLYOLEFINS ARE CCANSIDERED HAZARDOUS UNDER NQ LJ (x rnITIONS 3. PHYSICAL DATA Roiling Point. (0F): Melting Point OF): Vapour Pressure(1g) : Vapour Density (air= 1) : Specific Gravity (txater�11: Volatiles (% by volume): Evapotatiop Rate: Solubility in"Water (% k/wl: Appearapce & Odor: 4. FW1 AND BION DATA Flash Point (Method used) (°F): Autaignition Temperature OF): Flammable Limits in air (%v/v) Extinguishing )Media: Fite Fitting Procedures: E=ire & Explosion Hazards: N/A 230 320 N/A N/A 0.90-0.95 N/A N/A INSOLUBLE CLEAR OR PIES ODORLESS WOVEN FABRIC N/A N/A I.R1,: N/A - UEL: N/A WATER, DRY CILR4ICAL, CARBON DIOXIDE NONE - FAB WOVEN POLYOLEFIN IS A COMBUSTIBLE MATERIAL. . FIRE FIORTIt1Cl PERSONNEL SHOULD BE AWARE OF THE POTENTIAL HAZARDS CREATED BY DRIPPING MOLTEN PLASTIC. SELF- FAQ TALLY t3REAT1(INC1 APPARATUS Is RECOMOENUED FOR TIM FLAME RETARDANT GRADE OF FABRENE. 5. SPECIAL PRECAMONS Handling & Storage: Other Ptlecautions: 6. HEALTH HAZARD DATA Permissible Exposure Limit(s): Routes of Exposm : Overexposure Effeota: Emergency & First Aid Procedures: 7. REACTIVITY DATA Stability: Materials to Avoid' Hazardous Decomposition Produate Hazardous Polymerization: 8. SPILL OR LEAK PDY_IEDUvBE If Material is Released or Spilled: Neutralizing Chemicals: Waste Uiepvaal Method: 9. SPECIAL. PROTECTION INFORMATION Ventilation: Clothing & Equipment Requirements: Respiration: Eye Protection: Hand/Arm Protection: Other: MSDS: FAH ODI -A DOLLS SHOULD BE ADEQUATELY R. STRAINED 10 PREVENT SHIFTING DURING HANDLING AND STORAGE. N/A N/A N/A NONE REQUIRED TABLE STRONG OXIDANTS AT HIGH 7111PFILWIRES. cAnaoN DIOXIDE, CARBON MONOXUAL ACROLE IN , KETONES ALDEHYDES AND MUER 1N OI fl1FIEII) °MANIC COMPOUNDS MAY BE FORMED UPON COMBUSTION. FLAME RETARDANT FABRENE, WILL BE MORE COMPLEX AND COULD INCLUDE HYDUOER XIII ACID. WIL1. NOF LXX NO SPECIAL PROCIMURES REQU I RED N/A for REQUIRED NC'NCT REQUIRED NOT REQU I RED NOT REQUIRED DATE OF ISSUE APRIL 28, 1987 D,UE OF REVISION JANUARY 10, 1990 t•XYF10E: This information is believed to be reliable and it is intended for use by skilled persons at their own risk. FABRENE CORP. assumes no responsibility for events resulting or damages incurred from its use. The information on this Material Safety Data Sheet relates only to the specific material desigt'at d herein and does not relate to use in combination with any other material or in any procees. N/A - NOr AvAILAB E 1 .) Bos 77757 itaion Rouge- LA 70873.7757 Properties 70 PE EWO DAILY COVER 504-752-1940 1-800-673.1570 FAX 504.755-3448 Physical properties of TGNN polyethylene material. Units Values Test Methods Construction Tapes/inch Warp 24/Welt 16 . Tensile Grab Strength lbt Warp 440/Wett 335 ,car Strength' lbf 65 Mullen Burst Strength lblin2 610 Coating Mils 2.0 Colors Unit Weight 1.5 Scrim Natural Natural Coating Black/Black Black/Blue Blue/Blue NaturatlNa(ura} or/yd= 9.5 9.0 'indudas lace Fa stiff tapas -- tear may be aossvtlie b d4eGron of face. ASTM 0 1682-&4 ASTM 0 226171 ASTM 075173 Each Side P.O. Box 77757 'on Rouge. LA 70879.7757 a fitr ia.)ac �' 11DAILY COVER LANDFILLS IN TEXAS B.F.I. BLUE RIDGE PROCESSING FACILITY FRESNO, TX PERRI HOLMES (713) 835-6142 B.F.I. GOLDEN TRIANGLE FACILITY BEAUMONT, TX MIKE BARKSDALE (409)842-5091 B.F.I. GALVESTON COUNTY LANDFILL GALVESTON, TX RICK WILLIAMSON (409) 925--4380 G.T. U.A. LANDFILL DENNISON, TX JERRY CHAPMAN (903)786-4433 ANGELINA COUNTY ANGELINA COUNTY LANDFILL LUFKIN, TX JAMES MAYES (409)632-7168 . WASTE MANAGEMENT HILLSIDE LANDFILL LEWISVILLE, TX STEVE ORCUTT (903) 868--0310 504-752-1990 1.800.673-1.570 Fax 504-755.0448 B.F.I. WHISPERING PINES LANDFILL HOUSTON, TX CHARLIE (713)633-2720 WASTE MANAGEMENT SECURITY LANDFILL CLEVELAND, TX RICH SENGER (713)592-3543 WASTE MANAGEMENT LAZY LAKEVIEW LANDFILL WACO, TX JOHN HODGE (817) 799--9353 REPUBLIC WASTE C & T LANDFILL LINN, TX WELDON MOSMEYER (210) 383-7398 APPENDIX IVB PLAN FOR PLANTING AND MAINTENANCE OF VEGETATION ONCOMPLETED LANDFILL CAP CONTENTS 1 INTRODUCTION IVB -1 2 VEGETATION PLANTING ON THE COMPLETED LANDFILL CAP IVB -2 2.1 Grass Cover IVB -2 2.2 Shrubs and Trees IVB -2 2.2.1 Shrub and Tree Locations IVB -2 2.2.2 Soil Considerations IVB -3 2.2.3 Shrub and Tree Selection IVB -3 3 MAINTENANCE OF VEGETATION COVER ON LANDFILLED AREAS IVB -5 3.1 Maintenance of Grass Cover IVB -5 3.1.1 Irrigation IVB -5 3.1.2 Mowing IVB -5 3.2 Maintenance of Shrubs and Trees IVB -6 3.2.1 Irrigation IVB -6 3.2.2 Trimming and Removal of Shrubs and Trees IVB -6 3.2.3 Managing Wind Impacts IVB -6 AU/I/TECH COM\IVBPLAN.DOC/nr IVB -ii Technically Complete August 1998 1 INTRODUCTION The maintenance of a vegetative cover over the completed landfill is important to minimize erosion of soil from the cap, decrease potential for intrusion of moisture into the waste, improve the quality of surface runoff water, and improve the appearance of the completed site. Vegetative cover on the CoCC Solid Waste Facility will include appropriate grasses, shrubs, and trees, planted and maintained by the City throughout the life of the facility and the postclosure care period. The guidelines contained in this plan are designed to enable compliance with 30 TAC 330.253(b)(3), requiring immediate seeding of completed portions of the site to prevent soil erosion. In addition, the City should use the guidelines to help maintain a vegetative (grass) cover over capped areas of 90 percent in order to minimize cap erosion, as assumed by soil erosion calculations contained in Part III, Attachment 6A - Surface Water Drainage Design Report. It is expected that the state of the practice of the planting of trees and shrubs on completed portions of landfills will continue to evolve. As such, the City may, from time to time, modify this plan with TNRCC approval. This plan has been prepared in cooperation with professional staff of the Corpus Christi office of the Texas Forestry Service. As such, the City will continue to rely as necessary on the expertise of the Texas Forestry Service for guidance in selection of tree and shrub types, plant groupings, and ongoing maintenance of vegetative cover. AUIUTECH COM \IVBPLAN.DOC/nr IVB- 1 Technically Complete August 1998 2 VEGETATION PLANTING ON THE COMPLETED LANDFILL CAP 2.1 Grass Cover Grass cover over the completed landfill cap will be initiated immediately after the erosion layer of the cap has been placed. Appropriate native grasses, or other grasses suited for the climate of the Corpus Christi area will be used. The type of grass to be used will be determined by the Disposal Superintendent at the time of placement of final cover. Typical grasses may include Coastal Bermuda, Buffalo Grass, Texas Grama, Bluestem, and Johnson Grass. Winter Rye, and Rescue Grass may also be used as a cool season cover, when necessary. The Disposal Superintendent may also consult with the Nueces County Extension Agent regarding appropriate grasses, at the time grass cover is needed. Any disturbance to the grass cover on completed portions of the site will be repaired as quickly as practical in order to maintain a high level of erosion control. Disturbances to the grass cover may include accidental disturbance by site equipment, or planned disturbances such as installation of landfill gas collection system components. 2.2 Shrubs and Trees The planting of shrubs and trees on the completed site is a developmental process, anticipated to take place over an extended period of time of landfill operation and postclosure care. The determination of when to begin planting trees and/or shrubs on compelted landfill 'areas will be made by the City of Corpus Christi, following the guidelines in this plan. If, during development of the site, it becomes necessary or advantageous to modify these guidelines to improve the process of planting or maintaining shrubs and trees, the City may do so in consultation with the Texas Forest Service and others with expertise in the field, and by notifying the TNRCC of any planned changes. 2.2.1 Shrub and Tree Locations With limited restrictions, shrubs and trees may be located anywhere on completed portions of the site as long as guidelines for soil layer thickness, plant types, and planting techniques (see below) are followed. Shrubs and trees will not be located within drainage swales or chutes, or within 25 feet of any landfill gas collection system component (collection line, well, condensate sump, etc.). In general, shrubs and trees will be located in clusters. Planting in clusters will provide better opportunity for the shrubs and trees to act as wind breaks for each other, and will increase moisture retention within the joint root systems. AU/1/TECH COM\IVBPLAN.DOC/nr IVB- 2 Technically Complete August 1998 The shrub/tree clusters will be located initially on the downhill side of swales, in areas where the erosion layer has been thickened in accordance with these guidelines. The initial and ultimate sizes of shrub/tree clusters, their number and locations on completed areas, the timing of their placement, and the make-up of each cluster will be determined by the Disposal Superintendent in consultation as necessary with the Regional Forester of the Texas Forestry Service. Planning for the arrangement of shrubs and trees within each cluster will be accomplished at the time the planting is desired. In general, the arrangement of shrubs and trees should consider how proposed plants can provide windbreaks for other plants in the cluster, and the ultimate planned postclosure use of the closed landfill in the area of the proposed cluster. Locations of shrub and tree clusters will consider their use as windbreaks, short-term and long- term postclosure use plans, availability of additional soil for thickened cover depth, availability of water for irrigation, costs for development of shrub and tree area, and available budget constraints. 2.2.2 Soil Layer Considerations The erosion layer component of the final cover system will be thickened in areas where shrubs or trees are to be planted. The thickened layer will be 39 to 58 inches, including the original 18 inches of the erosion layer. As shown in Part III, Attachment 6C - Cover System Details, Figure 6C.1, drainage swales on the completed landfill are formed by construction of soil berms of approximately 2-1/2 feet in height (above top of erosion layer). Details of swale locations on the site are provided in Attachment 6A. The planting of shrubs and trees will take advantage of the swale berms by expanding the top width of the berm in areas where shrub/tree clusters are planned. Attachment C, Figure 6C.2 - Tree Planting Details indicates the general procedure for thickening the soil layer in this manner. As shown in Attachment 6C.2, the minimum thickness of soil where trees or shrubs will be planted will be 58 inches. This includes the 18 -inch thick erosion layer. The edges of the soil -thickened areas will transition back to the typical erosion layer thickness at a slope of no greater than 2H:1 V. If soil thickness is increased for shrubs or trees after the initial grass cover is established on the completed cap (thereby creating an exposed area without grass cover), the thickened area will be seeded to reestablish grass cover prior to planting any shrubs or trees. Soil used to thicken the erosion layer for trees will generally be a fine -textured soil, but should not be a heavy clay. The soil should be mixed with composted material or other soil amendments to improve organic content. Soil will be placed with only limited compaction to promote root growth. 2.2.3 Shrub and Tree Selection Appropriate native shrubs and trees, or other shrubs or trees suited for the climate of the Corpus Christi area may be used on completed landfill areas. However, selection of specific shrubs and trees is dependent upon the location on the landfill area, planned postclosure uses of the landfill, availability of water in the vicinity of the planned cluster, aesthetic and functional considerations AU/UFECH COM\IVBPLAN.DOC/nr IVB- 3 Technically Complete August 1998 3 MAINTENANCE OF VEGETATION ON COMPLETED LANDFILLED AREAS 3.1 Maintenance of Grass Cover 3.1.1 Irrigation Watering will be accomplished as needed in order to establish grass cover as quickly as practical. Watering may generally be accomplished by: • •spraying water from a water truck, to the extent that the truck does not cause damage to the final cover system • use of portable irrigation piping and a delivery system from an onsite water well or ponded water The amount of water needed will be dependent on the amount of rainfall being experienced at the time of planting. Grass conditions and growth will need to be watched closely until coverage is established. Care must be taken to prevent irrigation water from causing erosion of the landfill cap. Once grass cover is established, irrigation requirements will generally decrease as the grass root system begins to take more moisture from the erosion layer of the final cap system. In drier periods of the year, additional water may need to be applied periodically to prevent excessive drying of the vegetative cover. 3.1.2 Mowing It is not anticipated that mowing of the grass cover on most of the landfill cap will be needed. However, it may be necessary to mow or trim grass in the drainage swales to .prevent blockage and overflow of the swales. Grass may also periodically need to be trimmed from around landfill gas extraction wells or other landfill gas collection system appurtenances that extend above ground. Grass that is mowed or trimmed from the site should be removed from the cap area immediately to prevent accumulations of cuttings in swales or other drainage structures. AU/I/TECH COM\IVBPLAN.DOC/nr IVB- 5 Technically Complete August 1998 3.2 Maintenance of Shrubs and Trees 3.2.1 Irrigation Trees will need to be irrigated initially until root systems are capable of extracting sufficient moisture from the soil. Irrigation of trees will be accomplished by: • spraying water from a water truck, to the extent that the truck does not cause damage to the final cover system • construction of a drip -irrigation system within the area of thickened soil and a water delivery system from an onsite water well or ponded water Initially, watering will need to be accomplished frequently (once to twice per week). Irrigation requirements should decrease, however, as clusters of shrubs and trees become established. However, increased irrigation may be needed in dry periods in order to prevent excessive drying of the plants. Mulching of planting clusters should also be done in order to reduce excessive evaporation of moisture from the soil. 3.2.2 Trimming and Removal of Shrubs and Trees It is not anticipated that the shrubs and trees will require trimming unless desired by the City at some future time. Shrubs or trees that have died will be removed by cutting the trunk at ground level. Limbs that are trimmed for any reason will be removed from the site immediately to prevent accumulation of material that could block drainage or cause damage to the final cap. Shrubs and trees will not be allowed to interfere with the landfill final cover system, landfill cap drainage system, or landfill gas system piping, extraction wells or other system components. If it is determined that shrubs or trees are endangering such systems (either above -ground growth or the root system beneath the ground), they will be trimmed as necessary or removed. Inspection of tree clusters for potential impacts on the landfill cap system will be a regular part of the postclosure care requirements for the site. The Texas Forestry Service may be consulted if there are questions regarding whether a shrub or tree is in danger of having an adverse impact on the final cover system. 3.2.3 Managing Wind Impacts Uprooting of trees can be minimized by maintaining a rooting soil thickness of 39 to 58 inches, and by planning the clusters to maximize their ability to provide windbreaks for each other within the cluster. However, it may be expected that some trees will be uprooted from time to time, particularly in excessively high winds such as hurricanes. When a tree is uprooted, it will be removed from the landfill cap as soon as practical. The hole left by the uprooted tree will be inspected to determine if any damage has occurred to the membrane liner, the drainage layer between the membrane and the erosion layer, or any irrigation lines. AU/I/TECH COM\IVBPLAN DOC/nr IVB- 6 Technically Complete August 1998 APPENDIX IVC WASTE FORMS Inspection No. Date WASTE SCREENING REPORT City of Corpus Christi Corpus Christi Solid Waste Facility Permit No. Purpose of Screening: () Random Selection () Suspected Unauthorized Waste () Other Transporter Information: Company Name Address Phone Driver's Name Truck No. & I.D. Detected: Containers Powder/Dust Odors Liquids Heat Marked PCB or Hazardous Waste Special Wastes Sample Taken (Identify): Disposition of Waste: Recommendations: Action Taken: () Notified Texas Natural Resource Conservation Commission Date/Time Person Notified () Filed in Operating Record Date Signed: Inspector Transporter CITY OF CORPUS CHRISTI - GENERATOR'S WASTE PROFILE SHEET INSTRUCTIONS The information contained in these instructions may be used to determine the acceptability of waste intended for disposal at the Corpus Christi Solid Waste Facility. This information is strictly confidential and will only be used as an intemal tool to maintain permit compliance with the Texas Natural Resource Conservation Commission. The form must be filled out in its entirety. PART A 1. GENERATOR NAME - Enter the name of the facility where the waste is generated. 2. FACILITY ADDRESS - Enter the street address (Not the P. O. Box) where the waste is generated. 3. GENERATOR CITY/STATE - Enter the city and state of the site where the waste is generated. 4. ZIP CODE - Enter the generator's zip code. 5. GENERATOR USEPA ID - Enter the generator's identification number issued by the USEPA. 6. GENERATOR STATE ID - Enter the generator's identification number issued by the State. 7. TECHNICAL CONTACT - Enter the name of the person who can answer technical questions about the waste. 8. PHONE - Enter the telephone number of the person designated as the technical contact. PART B 1. NAME OF WASTE - Enter the name of the waste (e.g. putrescible, untreated medical waste, sludge, contaminated soil, etc.) 2. PROCESS GENERATING WASTE - List the specific process or operation that generates the waste. (e.g. municipal refuse, manufacturing, etc.) 3. ANNUAL AMOUNTS - Enter the amount of waste that will generated and transported annually.(Use cubic yards, gallons, tons) WASTE TYPE - Based upon the attached definition found in State of Texas Municipal Solid Waste Law, indicate if the waste type qualifies as a special waste. 5. TNRCC WASTE CODE NO. - This is the designated industrial waste code number identifying the waste as Class 1 non -hazardous, Class 2, or Class 3. Put N/A if the waste is not an industrial waste. 6. CLASS 1 INDUSTRIAL WASTE PROCESS INFORMATION - If the waste is Class 1 non-hazasrdous, provide specific information regarding the waste stream, the actual process generating this waste, and regulatory information pertaining to the waste. If you are not sure of the process, indicate "N/D" for not determined. 7. SPECIAL HANDLING INSTRUCTIONS/INFORMATION - For all wastes, describe any special handling requirements and any additional information applicable to its disposal. DEFINITION OF SPECIAL WASTE According to TAC 30: Special Waste - Any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, stored, processed or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. Special wastes are: (A) hazardous wastes from conditionally exempt small -quantity generators that may be exempt from full controls under §§335.401-335.412 of this title (relating to Household Materials Which Could Be Classified As Hazardous Waste); (B) class I industrial nonhazardous waste not routinely collected with municipal solid waste; (C) special waste from health -care -related facilities (refers to certain items of medical waste); (D) municipal wastewater treatment plant sludges, other types of domestic sewage treatment plant sludges, and water -supply treatment plant sludges; (E) septic tank pumpings; 'P) grease and grit trap wastes; i) wastes from commercial or industrial wastewater treatment plants; air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 CFR, Part 261, Appendix VII but has not been listed as a commercial chemical product in 40 CFR, §261.33(e) or (f); (H) slaughterhouse wastes; dead animals; drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste; K) pesticide (insecticide, herbicide, fungicide, or rodenticide) containers; (L) discarded materials containing asbestos; (M) incinerator ash; (N) soil contaminated by petroleum products, crude oils, or chemicals; (0) used oil; (P) Tight ballasts and/or small capacitors containing polychlorinated biphenyl (PCB) compounds; (Q) waste from oil, gas, and geothermal activities subject to regulation by the Railroad Commission of Texas when those wastes are to be processed, treated, or disposed of at a solid waste facility permitted under this chapter; (R) waste generated outside the boundaries of Texas that contains: (i) any industrial waste; (ii) any waste associated with oil, gas, and geothermal exploration, production, or development activities; or (iii) any item listed as a special waste in this paragraph; (S) any waste stream other than household or commercial garbage, refuse, or, rubbish; (T) lead acid storage batteries; and (U) used -oil filters from intemal combustion engines. 8. INCIDENTAL AMOUNTS OF SPECIAL WASTE - incidental quantities of special waste that do not materially change the physical or chemical identity of the load or make it hazardous waste must be identified by type and amount. PART C 1. METHOD OF SHIPMENT - Indicate the anticipated method of shipment by checking the appropriate box. 2. SUPPLEMENTAL SHIPPING INFORMATION - Enter any additional shipping information. 3. REPORTABLE QUANTITY - Enter the pounds of waste for disposal. D TECHNICAL MANAGER DECISION - To be completed by the City of Corpus Christi. PART E PHYSICAL CHARACTERISTICS OF WASTE 1. COLOR - Describe the appearance of the waste (e.g.,green, transparent, varies). 2. ODOR - Do Not Smell The Waste! If the waste has a known incidental odor, then describe it (e.g., acrid, pungent, solvent, sweet). 3. PHYSICAL STATE - Check the applicable box, if "OTHER" enter a descriptive phrase in the space provided. 4. LAYERS - Check all applicable boxes. Multi -layered means more than two layers (e.g.,oiVwater/sludge). Bi - layered means the waste is comprised of two layers which may or may not be of the same phase (e.g., oiVwater or solvent/sludge). Single phased means the waste is homogenous. 5. SPECIFIC GRAVITY - Indicate the range. The specific gravity of water is 1.0. most organics are less than 1.0. Most inorganics are greater than 1.0. 6. FREE LIQUIDS - Check "YES" if liquid is usually present when packaging for shipment and estimate the percent of liquid volume. Check "NO" if there are no free liquids as determined by the Paint Filter Test or direct observation. 7. pH - Indicate for liquid portions of the waste. Check the appropriate boxes which cover the pH of the waste. Use the "RANGE" space if appropriate. For solid or organic liquid wastes, indicate the pH of a 10% aqueous solution of the waste if applicable. Check "NA" for non -water soluble materials. 8. FLASH POINT - Indicate the flash point obtained using the appropriate testing method. PART F CHEMICAL COMPOSITION List all organic an/or inorganic components of the waste using special chemical names. If trade names are used, attach Material Safety Data Sheet or other documents that adequately describe the composition of the waste. For each component, estimate the range (in percents) in which the component is present. In addition , indicate whether any TCLP constituents are present in the waste. The total of the maximum values of the components must be greater than or equal to 100% including water, earth etc. 2. If the waste contains PCB's, cyanides, or sulfides indicate the concentrations. If the waste does not include these constituents, indicate by checking the "NO" box(es) which applies. If the concentration of these constituents is unknown, please indicate "UNK" under "ACTUAL". 3. Indicate whether the method used to determine the chemical composition in F1 was the TCLP (Toxicity Characteristic Leaching procedure). method, an analysis to determine the total concentrations, or another method. Specify the method. PART G SAMPLING SOURCE Describe exactly where the sample was taken (i.e., drum, lagoon, pond, tank, etc.). PART H REPRESENTATIVE SAMPLE CERTIFICATION This section only needs to be compieted when providing a waste sample for testing. Some wastes require analytical data to determine their chemical composition, regulatory status, and if they are acceptable for transportation, treatment or disposal. The sample should be collected in accordance with "Test Methods for the Evaluation of Solid waste, PhysicaVChemical Methods," SW -846, USEPA, and/or 40 CFR 261.20(c), or equivalent rules. A suitable sample container for most wastes is a wide mouth glass bottle with a plastic cap having a non-reactive liner. Plastic containers are recommended for strong caustics or fluorides. Fill to approximately 90%of capacity to allow for -expansion during transportation. The sample must be packed and shipped in accordance with U.S. DOT regulations and specific requirements imposed by the carrier. Improperly packaged samples may be disposed upon receipt. 1. PRINT SAMPLER'S NAME -Enter the sampler's name. 2. SAMPLE DATE -Enter the date that the sample was collected. 3. SAMPLER'S TITLE - Enter the sampler's title. 4. SAMPLER'S EMPLOYER - Enter the name of the sampler's employer. 5. SAMPLER'S SIGNATURE - Sign in the space provided. PART I TRANSPORTER CERTIFICATION By signature of this profile sheet, the transporter certifies that statements in Nos. 1, 2, 3, 4, 5, 6, and 7 are true and accurate with respect to the waste streams listed. 7. SIGNATURE - An authorized employee of the Transporter must sign the Transporter's Waste Profile Sheet. 8. TITLE - Enter the employee's title. 9. NAME - Enter the employees's name. 10. DATE - Enter the date signed. KEEP A COPY OF THE TRANSPORTER'S WASTE PROFILE SHEET FOR YOUR RECORDS. SEND THE ORIGINAL AND ALL ATTACHMENTS TO THE CITY OF CORPUS CHRISTI - DEPARTMENT OF SOLID WASTE. PART F - (cont.) Please Note: Unless analytical notes are attached, the chemical composition identification should include at a minimum, Arsenic, Barium, cadmium, chromium, Lead, Mercury, Selenium, Silver, Pesticides, Herbicides, and any other TCLP constituents that may be present in the waste. The total concentration must be greater than or equal to 100%.(.0001% = 1 ppm or 1 mg/1) T.dicate method used to determine composition (if provided): TCLP Total Other: PART G - SAMPLING SOURCE (e.g., Drum, Lagoon, Pit, Pond, Tank, Vat): PART H - REPRESENTATIVE SAMPLE CERTIFICATION 1. PRINT SAMPLER'S NAME: 2. SAMPLE DATE: 3. SAMPLER'S TITLE: 4. SAMPLER'S EMPLOYER (if other than generator): The sampler's signature certifies that any sample submitted is representative of the waste described above pursuant to 40 CFR 261.20(c) or equivalent rules. 5. SAMPLER'S SIGNATURE: PART I - GENERATOR CERTIFICATION By signing this profile sheet, the generator certifies: 1. This waste is not a "Hazardous Waste" as defined by 40CFR261 or 30 TAC 335, Subchapter R. 2. This waste does not contain regulated radioactive materials or regulated concentrations of PCB's (Polychlorinated Biphenyls). 3. The information provided on this sheet and the attachments is a true and accurate description of the waste material. All relevant information regarding known or suspected hazards in the possession of the generator has been disclosed. 4. The generator has read and understands the Definition of Special Waste included in the instructions form. 5. The analytical data presented herein or attached hereto were derived from testing a -.1presentative sample taken in accordance with 40 CFR 261.20(c) or equivalent rules. If any changes occur in the character of the waste, the generator shall notify the City of ,rpus Christi prior to its delivery to the Corpus Christi Solid Waste Facility. /. The generator will abide by disposal requirements imposed by the City of Corpus Christi on the waste being disposed at the site. Disposal requirements include those contained in the Site Operating Plan for the City's disposal facility, and any additional requirements imposed by the City on this specific waste stream. 8. SIGNATURE: 9. TITLE: 10. NAME (Type or Print): APPENDIX IVD CLASS 1 NONHAZARDOUS INDUSTRIAL WASTE ACCEPTANCE PLAN v* • ..: f ,r vim: . , R. H. ,6 • of; k.• 5:• • • 48237r�r �', N CONTENTS 1 INTRODUCTION 2 WASTE ACCEPTANCE CRITERIA 3 WASTE EVALUATION CRITERIA IV -1 IV -2 IV -3 4 QUALITY ASSURANCE/QUALITY CONTROL - ANALYTICAL INFORMATION IV -4 4.1 Analytical Information IV -4 4.2 Point -of -Delivery Inspection/Testing IV -5 5 WASTE APPROVAL UPDATES IV -6 6 WASTE DISCREPANCIES AND REJECTED LOADS IV -7 7 DOCUMENTATION AND RECORDKEEPING IV -9 8 REPORTING IV -10 9 TRAINING OF PERSONNEL AND WASTE SCREENING IV -12 .0.0risn itektic.... ................. A_ 1*.'tz. R. H. HUNT=~ too =.• 4.8237 1111 AU/I/CORPUS/62789/002/SOPAPP/nr IV -ii 'l'eehnically Compto 62789-002.100 August 1998 Appendix IVD 1 INTRODUCTION The Texas Natural Resource Conservation Commission (TNRCC) Municipal Solid Waste Regulations define a Class 1 nonhazardous industrial waste (Class 1 waste) as any industrial solid waste designated as Class 1 by the executive director, or mixture of industrial solid wastes that because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or other means, and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or otherwise managed. The disposal requirements for industrial wastes in a municipal solid waste landfill, including Class 1 wastes, are found at 30 TAC §330.137 - Disposal of Industrial Wastes. This Class 1 nonhazardous industrial waste acceptance plan' (Plan) was developed in accordance with Section 330.137. All Class 1 wastes handled, treated, and/or disposed of at the City of Corpus Christi (CoCC) Solid Waste Facility will be subject to the procedures and guidelines contained in this Plan. For the specific purposes of this Plan, Class 1 waste is further defined as any waste: • Determined to be nonhazardous by process determination or by meeting the definitions of such as outlined in 40 CFR Part 261; and, • Classified as Class 1 waste by the TNRCC or self -classified by an in-state, out-of- state, or Maquiladora generator as Class 1 waste. This definition does not include Class 1 asbestos waste. AU/I/CORPUS/62789/002/SOPIVD.DOC/nr IVD-1 Technically Complete 62789-002.100 August 1998 Appendix IVD 2 WASTE ACCEPTANCE CRITERIA Prior to acceptance of any Class 1 waste at the CoCC facility, the following initial criteria must be met: 1. The waste must be determined to be nonhazardous as defined in 40 CFR Part 261 or by applicable state solid waste regulations and 2. Class 1 waste generated in the State of Texas must be classified as Class 1 by the TNRCC or self classified as Class 1 in accordance with 30 TAC Chapter 335, Subchapter R or • Class 1 waste generated by a Maquiladora facility, which has been assigned a valid "Q" reference number by the TNRCC, must be classified as Class 1 by the TNRCC or self classified as Class 1 in accordance with 30 TAC Chapter 335, Subchapter R or • Class 1 waste generated by out-of-state generators must be self -classified as Class 1 waste in accordance with 30 TAC, Chapter 335, Subchapter R and receive generator specific/site specific approval for disposal by the TNRCC. 3. The generator/customer must provide all required information in accordance with Section 3 Waste Evaluation Criteria. AU/I/CORPUS/62789/002JSOPIVD.DOC/nr IVD-2 Technically Complete 62789-002.100 August 1998 Appendix IVD 3 WASTE EVALUATION CRITERIA Prior to the acceptance of a Class 1 wastestream, the generator/customer is required to state and certify the characteristics, origin and estimated quantity of the Class 1 waste proposed for disposal. In addition, if the waste is not readily identifiable, the generator/customer may be required to provide other pertinent information regarding the waste before a Class 1 waste is accepted. The generator/customer must complete and sign the Generator's Waste Profile Sheet (GWPS-see Appendix IVC) and may be required by the Disposal Superintendent to provide current laboratory analyses data for the waste stream intended for disposal. Texas generators and Maquiladora generators will be required to submit evidence that the waste has been classified as a Class 1 waste either by the TNRCC or self -classified as a Class 1 waste in accordance with 30 TAC chapter 335, subchapter R. The GWPS and all information provided by the generator/customer will be reviewed by the Disposal Superintendent. The Disposal Superintendent will ensure that any analytical information submitted meets the requirements described in Section 4.0 of this Plan, assign necessary conditions/limitations on managing the waste, and make the decision and submit approval of the wastestream in writing to the generator/customer if the waste is eligible for disposal at the facility. If the waste is approved for acceptance, an expiration date not to exceed 2 years is assigned to the GWPS unless the Disposal Superintendent determines that an expiration date of less than 2 years is appropriate. The waste stream will be reviewed at the end of the expiration date to ensure it is still in conformance with the information provided. The Disposal Superintendent will ensure that a Class 1 Waste Disposal Agreement is executed by the generator/customer. The Class 1 Waste Disposal Agreement states that the generator/customer warrants that the waste materials delivered to the landfill will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable federal, state, local or provincial laws or regulations. The Class 1 Waste Disposal Agreement also states that the generator/customer warrants that the waste material delivered to the facility will not contain any waste except that specifically described in the GWPS and approved in writing, by the facility. Any necessary special conditions/limitations will be included in the Class 1 Waste Disposal Agreement and noted on the GWPS. The Class 1 Waste Disposal Agreement contains a statement that the generator/customer agrees to comply with all special conditions/limitations contained in the Class 1 Waste Disposal Agreement. AU/I/CORPUS/62789/002JSOPIVD.DOC/nr IVD-3 Technically Complete 62789-002.100 August 1998 Appendix IVD 4 QUALITY ASSURANCE/QUALITY CONTROL - ANALYTICAL INFORMATION 4.1 Analytical Information The laboratory analyses required for review with the GWPS is dependent upon the type of waste stream to be disposed. Analyses must have been conducted in accordance with EPA test methods as outlined in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Publication Number SW -846). The type of analyses that may be required on the waste include corrosivity, ignitability, reactivity, toxicity (TCLP), paint filter and any other state -required tests to determine if the waste meets the Class 1 classification criteria. The Disposal Superintendent must receive either proper analytical results from the generator/customer or equivalent information. In accordance with 40 CFR 262.11 the Disposal Superintendent may use the generator's knowledge of the waste and process generating the waste to ensure that the facility is not managing hazardous waste or other prohibited wastes. Analytical reports must clearly identify the generator, when analyses were conducted, the material analyzed, when the sample was taken, and must include the signature of the Laboratory Manager or Chemist serving as certification that the analyses were completed by the laboratory in accordance with applicable approved test methods. In addition, the GWPS requires all samples to be collected in accordance with 40 CFR 261.20(C). Representative samples may also be required by the Disposal Superintendent for testing and evaluation by the City prior to issuing a disposal decision. Any additional sampling and/or testing required will be the responsibility of the generator/customer. Analytical data submitted to Disposal Superintendent for use in the waste evaluation process must meet the following quality assurance criteria: • Analytical data must be current, preferably less than 6 months old (the Disposal Superintendent may, however, accept older data, if appropriate). • The source and/or process generating the waste must be identified and described in physical terms. • The reference of methods employed must accompany the analytical data. • All laboratory QA/QC information must accompany the data submitted and should include: Chain of custody records, data on standards, duplicate analyses, spikes and blanks, and other pertinent statistical information. AU/I/CORPUS/62789/002/SOPIVD.DOC/nr IVD-4 Technically Complete 62789-002.100 August 1998 Appendix IVD 4.2 Point -of -Delivery Inspection/Testing Because Class 1 waste disposed at the facility will be delivered in designated loads not mixed with other wastes, these waste loads will not be subject to normal waste screening methods described in Section 5 of the Site Operating Plan (Part IV of the Permit Application). However, each load of Class 1 waste delivered to the landfill for disposal will receive a visual inspection to verify conformance with the GWPS. In addition to visual inspection, additional verification testing may be performed on any load. Test results will be recorded and referenced by manifest document number on the GWPS and maintained in the site operating records. Class 1 wastes containing free liquids as determined by the paint filter liquids test (EPA Method 9055; EPA Publication Number SW -846) will not be accepted at the facility. AU/UCORPUS/62789/002/SOPIVD.DOC/nr IVD-5 Technically Complete 62789-002.100 August 1998 Appendix IVD 5 WASTE APPROVAL UPDATES Approximately 3 months prior to the expiration date of the GWPS, the Disposal Superintendent will inform the generator/customer of the impending expiration. The generator/customer must then provide appropriate updates to the GWPS, additional laboratory data and additional process information prior to expiration of the current GWPS. The Disposal Superintendent may extend the expiration of the current GWPS by up to 3 additional months, if generator/customer is making satisfactory progress toward completing the required update. In the event the process from which the Class 1 waste is generated changes, it is the responsibility of the generator/customer to provide notification and updated information on the waste. The additional information may include additional analytical data, and other information as required by the Disposal Superintendent. The GWPS must be updated by the generator with the additional information. In the event the physical characteristics of a Class 1 waste received at the facility differs from that of the approved waste stream, disposal will not be allowed and the generator/customer will be required to provide additional process and/or analytical data in order to determine the cause of the change in waste characteristics and any associated disposal requirements. AU/UCORPUS/62789/002/SOPIVD.DOC/nr IVD-6 Technically Complete 62789-002.100 August 1998 Appendix IVD 6 WASTE DISCREPANCIES AND REJECTED LOADS Documentation for all Class 1 wastes with an approved GWPS that arrive for disposal at the facility are reviewed by the Scalehouse Operator and, if necessary, by the Disposal Superintendent. If required documentation is missing, incomplete, or the characteristics of the waste are questionable, all discrepancies must be resolved prior to acceptance of the waste for disposal. In the event all discrepancies cannot be resolved, the waste load will be rejected. Discrepancies which will cause a load to be rejected include, but are not limited to: • A Class 1 waste arrives without a TNRCC manifest; • A Class 1 waste arrives and the waste material does not match the description on the waste manifest; • A Class 1 waste arrives and the information on the manifest is not complete or is incorrect; or • A Class 1 waste arrives which does not match the information provided on the GWPS, Class 1 Waste Disposal Agreement or any TNRCC approval documents. In the event that the description or physical characteristics of a Class 1 waste being received at the facility differs from that of an approved waste stream or if previously unidentified Class 1 waste is suspected, the load will be stopped and the generator/customer will be required to provide an updated GWPS to properly identify the wastestream prior to disposal. Should an incident occur in which a waste load is accepted as a Class 1 waste approved for disposal at the facility, but is afterward suspected of being a different (not approved) Class 1 nonhazardous waste, hazardous waste, PCB waste, radioactive waste, or other prohibited waste, the load will be isolated and the area around the waste load secured. The generator/customer will be immediately contacted to provide proper identification of the waste. If the waste is subsequently confirmed to be a different (not approved) Class 1 nonhazardous waste, or hazardous, or to contain PCB's, or radioactive, or other prohibited waste, the following actions will occur: AU/I/CORPUS/62789/002/SOPIVD.DOC/nr WD -7 Technically Complete 62789-002.100 August 1998 Appendix IVD • The TNRCC Regional office will be notified of the incident. • The generator/customer will be required to remove the waste for proper disposal elsewhere. • If the generator/customer is unable to remove the waste, the Disposal Superintendent will develop an appropriate remediation plan. The plan will be implemented upon approval of the TNRCC. AU/UCORPUS/62789/002/SOPIVD.DOC/nr 1V❑ -8 'technicallyComp lete 62789-002.100 August 1998 Appendix IVO 7 DOCUMENTATION AND RECORDKEEPING All required paperwork and documentation relating to the acceptance of Class 1 wastes will be maintained as part of the Site Operating Record. The following forms and/or documentation will be required under this acceptance Plan: TNRCC Waste Classification The generator/customer will be required to submit evidence that the waste has been classified as a Class 1 waste by the TNRCC or self -classified as a Class 1 waste according to TNRCC regulations. This will include identification as a process waste or one-time waste (using TNRCC Form 0757). This requirement applies to all registered Texas generators and registered Maquiladoras with a valid "Q" number. Generator Waste Profile Sheet and Class 1 Waste Disposal Agreement The GWPS and Class 1 Waste Disposal Agreement are required of all generators/customers of Class 1 waste. The generator/customer certifies by signature that all information contained in the GWPS and Class 1 Waste Disposal Agreement is true and correct. Copies of the current GWPS will be maintained in the Site Operating Record. TNRCC Waste Manifest The TNRCC currently requires all Class 1 non -hazardous industrial waste to be manifested from generator to disposal facility using a TNRCC Hazardous Waste Manifest. The waste manifest is to be completed by the generator and the transporter, and must accompany each load of Class 1 waste. Once the facility has confirmed the necessary pre -authorizations for acceptance and disposal of the waste, the destination section of the manifest will be completed by the facility and a copy presented to the transporter. To verify final destination and disposition of the waste, the generator's copy of the manifest will be forwarded to the generator. One copy will be permanently filed at the facility. All documents and information relevant to Class 1 waste profiled and accepted for disposal at the facility will be maintained in the Site Operating Record for a period of no less than 3 years. AU/UCORPUS/62789/002/SOPIVD.DOC/nr IVD-9 Technically Complete 62789-002.100 August 1998 Appendix IVD 8 REPORTING The following reports will be completed for all Class 1 wastes received for disposal, and submitted to the TNRCC as required. Monthly Waste Receipt Summary Report The City of Corpus Christ Solid Waste Facility will submit to the TNRCC a monthly report of Class 1 waste received. This report will be submitted no later than the 25th day of the month following the month in which the waste was received. Reports will be on TNRCC Form 0133A and submitted to the TNRCC Industrial and Hazardous Waste Division, Waste Evaluation Section, in accordance with 30 TAC §335.15. Monthly reports will be filed by the facility including those months in which no Class 1 waste is received at the facility unless an exception is granted by the TNRCC. These reports will summarize the quantity, character, transporter identity, and the method of storage, processing, and disposal of each Class 1 waste shipment received, itemized by manifest document number. Quarterly Municipal Solid Waste Fee Report In accordance with 30 TAC §330.603, a Quarterly Municipal Solid Waste Fee Report is required to be submitted to the TNRCC on a form furnished by the TNRCC. This report must include a statement of the amount of Class 1 waste received for processing or disposal in addition to amounts of other wastes received, the facility operator's name, address, and phone number, the permit number, permit application number, the facility type, size, and capacity, and other information the TNRCC may request. The required quarterly report will be submitted to the TNRCC not later than 20 days following the end of the fiscal quarter for which the report is applicable. Waste Discrepancy Reporting By following the procedures in this Class 1 Nonhazardous Industrial Waste Acceptance Plan, it is anticipated that improper acceptance of Class 1 nonhazardous industrial wastes (i.e., acceptance without proper documentation) will be avoided. However, if such wastes are inadvertently received improperly, a report of the incident must be filed with the TNRCC, in accordance with 30 TAC 335.15(3). This report will be submitted within 15 days of receiving the waste, regardless of quantity, and will include the following information: • Name and address of the facility; • The date the waste was received; • Name and address of the generator and the transporter, if available; AU/I/CORPUS/62789/002/SOPIVD.DOC/nr IVD-10 Technically Complete 62789-002.100 August 1998 Appendix IVD • A description and the quantity of each Class 1 waste the facility received without proper documentation; • The method of storage, processing, or disposal for each Class 1 waste the facility received without proper documentation; • The certification signed by the owner or operator of the facility or his authorized representative; and • A brief explanation of why the waste was unaccompanied by a manifest, if known, AU/I/CORPUS/62789/002/SOPIVD.DOC/nr IVD- 1 1 Technically Complete 62789-002.100 August 1998 Appendix IVD AGENDA MEMORANDUM City Council Meeting of November 15, 2016 DATE: TO: FROM: November 2, 2016 Margie C. Rose, City Manager Dan Grimsbo, Interim Director of Water Utilities DanG@cctexas.com (361) 826-1718 Water Quality Projects Update STAFF PRESENTER(S): Name 1. Dan Grimsbo 2. Mark Van Vleck 3. OUTSIDE PRESENTER(S): Title/Position Department Interim Director Water Utilities ACM Public Works & Utilities Name Title/Position Organization 1. Logan Burton Principal/Vice President LNV Inc. 2. BACKGROUND: This presentation will update the Council on the current status of this item. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Quality Projects Update Water Quality Projects Update Council Presentation November 15, 2016 Water Quality Progress • Objective: Improve and stabilize water quality in the City's water distribution system • Action: City has implemented actions to address the following areas using a holistic approach: — Source — Treatment — Distribution System • Status: — Significant improvements in the stability/consistency of water quality have been achieved — Longer-term CIP projects are currently underway to continue to improve overall water treatment and distribution. Source Actions McBurnett Dr - ACTIONS TAKEN Addl. Raw Water Sampling Weather/Seasonal Monitoring Bromide Evaluation CURRENT AND FUTURE ACTIONS Solids Management (E13052/E16308) Alkalinity and pH Evaluation Pre -Sedimentation Evaluation Raw Water Analyzers Nueces River Pump Station Improvements Treatment Actions Q Chemical Dosing Locations © Analyzer Replacement O Mixing Enhancements O Flow Pacing O Filter Flow Improvements O Process Target Changes Q Training and Procedures Chlorine Dioxide System Coagulant Evaluation Chlorine System Improvements Solids Removal Pilot Plant System and Testing Raw Water and Chem Feed Improvements (E12211/8643) Distribution System Actions ACTIONS TAKEN: • Cleaned all storage tanks • Evaluated and automated chlorine booster stations • Updated Nitrification Action Plan • Evaluated and changed current Conversion Procedures • Modified distribution system operations FUTURE ACTIONS: • Back-up power for Navigation and Staples Pump Stations • Additional pumps at Staples Pump Station • New analyzers at Staples and Sand Dollar Pump Stations IN PROGRESS: Tank sampling and inspections Navigation Pump Station Monochlor Tank Shark Pilot study Tank mixing systems Current Capital Improvement Plan Nueces River Raw Water ,Pump Station Rand Morgan St Elevated Storage Tank Nueces Bay ION Stevens Plantl ON Stevens Plant - High Service Building Repairs - Clearwell No.1 Repairs - Facilities Feed Optimization - Intermediate Sludge Removal - Site Infrastructure Improvements - Chemical Facilities - Chlorine Storage and Handling Facilities Nueces Bay Elevated Storage Tank North Beach Improvments 30" Transmission Line Abandonment Holly Rd Elevated Storage Tank Cosner St Staples Street Pump Station Starry Rd Elevated Storage Tank 0 1 2 4 6 Corpus Christi 8� Homecrestl Glenmore SPID at Ennis Joslin 8 Miles 'Padre Island Extension Gulf of Mexico 6 Current Capital Improvement Plan (CIP) Project Name Cost ($M) Start Completion Nueces River Raw Water Pump Station 16.8 Sep 2014 Jul 2018 ON Stevens Chlorine Storage and Handling Facilities Improvements 9.0 Mar 2017 Feb 2019 ON Stevens Chemical Facilities (Alum, Polymer and LAS) Replacement 16.7 May 2016 Jan 2020 ONSWTP Raw Water Influent Improvements 25.0 May 2016 Jan 2020 ONSWTP Interim Sludge Management Improvements 6.5 May 2016 Sep 2017 ONSWTP Fluoride Feed System Improvement 1,1 Oct 2015 Jul 2017 Alternative Capacity Power Generation (ACR Phase 1) 1.2 May 2015 Sep 2017 Staples Street Pump Stations Phase 2 - Third and Forth Pumps 3.3 May 2015 Jun 2017 Elevated Water Storage Tanks (ACR Implementation Phase 2) 12.5 Jun 2014 Feb 2018 Elevated Water Storage Tanks (ACR Implementation Phase 3) 18.0 Oct 2016 Nov 2020 Source Treatment —111111 Distribution System Summary of Current Status • City has implemented source, treatment, and distribution system actions to address water quality concerns. • City has seen significant improvements in the stability of water quality throughout the distribution system as a result of these actions. • City has several long-term projects that are currently underway to modernize the water treatment plant and distribution system. AGENDA MEMORANDUM City Council Meeting of November 15, 2016 DATE: TO: Margie C. Rose, City Manager November 9, 2016 FROM: Miles Risley, City Attorney MilesR@cctexas.com (361) 826-3360 Ethics Commission Ethics Code Recommendations PRESENTER(S): Name 1. Lisa Aguilar BACKGROUND: Title/Position Asst. City Attorney Department Legal On July 19, 2016, the City Council received a detailed presentation from the Ethics Commission Chair Dr. Haysam Dawod of proposed changes to the Ethics Code. Based on feedback from the July 19, 2016 presentation, the Ethics Commission reviewed and modified some of their recommendations at their September 15, 2016 meeting. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Ethics Commission Code of Ethics recommendations as modified by Ethics Commission on September 15, 2016 Ordinance as modified by the Ethics Commission 1 Draft Ordinance amending the City's Code of Ethics BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That City Code of Ordinances, Chapter 2, Article V, regarding the Code of Ethics, Division 1, Rules of Conduct, is revised. The deleted text is shown in redlined form, with the new text shown in underlined text. DIVISION 1. - RULES OF CONDUCT Sec. 2-310. - Preamble. The purpose of this code of ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. If a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this code of ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. (Ord. No. 23772, § 1, 9-21-1999; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. 2 (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city -issued uniforms, badges, and other uniform attire, may use their city -issued radios, and may carry their city -issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city -issued uniforms, badges, and other uniform attire, and use their city -issued radios on approved off- duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (3) {'I) Unless you are a council member, you shall not ucc the prcctigc of your position with the city on behalf of any political party or cause. { }J You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. Gifts: {-6-}) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. f-7-30_1 (a) Special applications. Subsection 2-311(45) does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (3) (7) 3 (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. (9) Conflicts of interest: (8) (A) If a contract or busincss transaction involving thc city, in which you or onc of your rclativcs havc a conflict of intcrcst or potcntial conflict of intcrcst comcs bcforc you in thc performancc of your official dutics, you shall takc thc following actions: (i) Immcdiatcly makc a writtcn disclosurc of your intcrcst in thc mattcr to thc city sccrctary and city managcr. (ii) Abstain from any votc or dccision. council, thc city managcr, or city cmployccs. cmploycc in thc performancc of thcir dutics rclatcd to a contract or busincss transaction in which you or onc of your rclativcs havc a conflict of intcrcst or potcntial conflict of intcrcst. 4 (8) (A) General rule. To avoid the appearance and risk of impropriety, a City official or employee shall not take any action or fail to take any action related to their position that is likely to affect the economic interests of: 1. The official or employee; 2. His or her parent, child, spouse, or other family member within the second degree of consanguinity or affinity; 3. His or her outside client; 4. A member of his or her household; 5. The outside employer of the official or employee or of his or her parent, child (unless the child is a minor), spouse, or member of the household (unless member of household is a minor); 6. An entity in which the official or employee knows that any of the persons listed in Subsections (8)(Aa)1{44 or (8)(Aa)2{ 4 holds an economic interest as that term is defined herein; 7. An entity which the official or employee knows is an affiliated or partner of an entity in which any of the persons listed in Subsections (8)(Aa)1{--14 or (8)(A){a)(24 holds an economic interest as defined herein 8. An entity for which the City official or employee serves as an officer or director or in any other policy making position; ar 9. A non profit board to which the official or employee is appointed by the City Council or City management to rcpresent the best interests of the City, if the action by the City official or cmploycc at) a mcmbcr of thc board is related to an item pertaining to thc City, and thc City official or cmploycc would be involvcd in the negotiation, dcvelopmcnt or implemcntation of that itcm on behalf of the City; or 10. A person or entity with whom, within the past twelve (12) months: a. The official or employee, or his or her spouse, directly or indirectly has: 1) Solicited an offer of employment for which the application is still pending; 2) Received an offer of employment which has not been rejected; or 5 3) Accepted an offer of employment; or b. The official or employee, or his or her spouse, directly or indirectly engaged in negotiations pertaining to business opportunities, where such negotiations are pending or not terminated. (B) No city employee, city official, appointed or elected, family member, friend, or business associate of a city employee or city official appointed or elected should profit from privileged information discussed in confidential city meetings. Any council member already involved in any city projects should immediately recuse themselves from any Executive Session meetings as well as City Council votes where such matters are beinq discussed. (C) Recusal and disclosure. A City official or employee whose conduct would otherwise violate Subsection (8)(A) or (8) (B) must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she shall: (1) Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter; and (2) Promptly file with the City Secretary the appropriate form for disclosing the nature and extent of the prohibited conduct. In addition: (3) A supervised employee shall promptly bring the conflict to the attention of his or her supervisor who will then, if necessary, reassign responsibility for handling the matter to another person; and (4) A member of a board shall promptly disclose the conflict to other members of the board and shall not be present during the board's discussion of, or voting on, the matter. (D) Definitions. For purposes of this rule in subsection (8): (1) An action 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. (2) The tcrm "client" includcs businc&c rclationships of a highly personalizcd nature, but not ordinary business customer rclationships. (2) The term "client" includes fiduciary relationship but not an ordinary customer relationship. (3) A relationship by "affinity" (by marriage) is defined in Government Code Sections 573.024 and 573.025. (4) A relationship by "consanguinity" is defined in Government Code Sections 573.022 and 573.023. (5) 6 For purposes of this subsection (8), the term "official" includes the following persons: The Mayor; Members of the City Council; Municipal Court Judges and Magistrates; City Manager; Deputy City Manager; Assistant City Managers; Assistants to the City Manager; City Secretary; Deputy City Secretary; Assistant to the City Secretary; Municipal Court Clerk, Deputy Court Clerks; All department heads and assistant department heads; Internal Auditor and all Assistant Internal Auditors; Assistant to Mayor; Executive secretaries; and Members of all boards, commissions (except the Youth Commission whose members are minors), committees, and other bodies created by the City Council pursuant to federal or state law or City ordinance, including entities that may be advisory only in nature, who are appointed by the Mayor, the City Council, or who are designated in the by-laws or organization papers of the entity to serve on behalf of the City; and board members of any entity who are appointed by the Mayor or City Council to such board membership. the Human Resources Department. All updates are incorporated into this Code without further action by thc City Council. The Human Rccourcc& staff shall provide the list annually to thc City Council and City Sccretary. The City Secretary shall promptly post it on the City's ethics webpage. This list is updated and posted to the City website annually by the City Manager. (E) Elected city officials may not use their position to influence the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed $2,700 or morc to the official's campaign contributions during the most recent election either directly, or indirectly, via a third party. {�} (FG) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with.( -7-4(A}(8) {$4 Sj as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (--D} :'GHowever, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the city secretary and city manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. 7 (9) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (10) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (11) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (12) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. (14) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (15) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Confidential Information 4516) Improper access. A City official or employee shall not use his or her position to obtain official information about any person or entity for any purpose other than the performance of official duties. (1617) Improper disclosure or use. A City official or employee or former City official or employee shall not intentionally, knowingly, or recklessly disclose any confidential government information gained by reason of said official's or employee's position concerning the property, operations, policies or affairs of the City. This rule does not prohibit: (1) Any disclosure that is no longer confidential by law; or (2) The confidential reporting of illegal or unethical conduct to authorities designated by law. For purposes of this subsection (4-617), "confidential government information" includes all information held by the City that is not available to the public under the Texas Public Information Act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act. 8 Provisions for council members: 46}(18) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. {17)(19) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. {-1-8}(20) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. 044(21) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: {-14(A) Is related to you within a degree described by Section 573.002, Texas Government Code; {-24(B) Is your employer; {-3--)(C ) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; ar {-44(D) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer {4€ (E) Contributed $2,700 or more to your total campaign contributions during the previous election. Provisions for board members: {29}(22) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. {21)(23) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This 9 rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: {22)(24) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. {2-3}(25) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. {2-4}(26) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). {2-5}(27) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (28) As an employee, you may not violate the confidentiality or privacy of an individual, including ajuvenile and adult defendants or detainees or juvenile clients being counseled through a city program, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-21- 1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 029467, § 1, 5-8-2012) Sec. 2-312. - Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Conflict of interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. 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. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. 10 Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in- law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. (3) (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028170, § 2, 5-12-2009; Ord. No. 028271, § 3, 8-18- 2009; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-313. - Effect of violation. A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-314. - Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. 11 (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-315. - Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-316. - Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. City officials shall not engage in discussions with any lobbyists who terminated City service within two years of such discussions. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C) a radio station; (D) a television station; (E) a wire service; or (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. (3) 12 Governmental entities. Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown municipal questions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. (5) Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (b) Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; made at a meeting open to the public under the Open Meetings Act; (5) 13 (6) made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information; (9) the content of which is compelled by law; (10) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (11) made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. (7) (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to-day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B) the client; (C) any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. 14 Subsection D. A person may not register as a lobbyist with the City for a period of two years from end of City service. (Ord. No. 23772, § 3, 9-21-1999) Secs. 2-317-2-319. - Reserved. SECTION 2. That City Code of Ordinances, Chapter 2, Article V, regarding the Code of Ethics, Division 2, Ethics Commission, Section 2-326, Duties, is amended to clarify the Commission's duties with financial disclosure reports. The deleted text is shown in redlined form, with the new text shown in underlined text as follows: DIVISION 2. - ETHICS COMMISSION Sec. 2-320. - Establishment. An ethics commission is created and shall consist of nine (9) members. The city council shall solicit nominations for the ethics commission from a wide variety of professional and community organizations in the city. Interested individuals may also submit their names for consideration. Members of the commission may not hold or be a candidate for any city elected or appointed office. The city council shall appoint the members of the ethics commission by a two-thirds (2/3) vote of the full council. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-321. - Terms. Members shall hold office for three-year terms commencing October 1. In order to establish staggered terms, however, the initial terms of three (3) members shall be one year, and the initial terms of another three (3) members shall be two (2) years. The persons serving such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in this code of ethics. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-322. - Removal. In addition to the council's usual powers of removal, members of the commission may be removed by a majority of the council for cause. In considering a complaint filed with the city secretary or on its own initiative, the council may follow the procedures hereinafter set forth regarding the disposition of such alleged violations. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-323. - Vacancies. All vacancies shall be filled for the unexpired terms. A member shall hold office until his successor has been appointed, and shall continue to hold office after his successor has been appointed for the limited purpose of disposition of all complaints filed and for which presentation of evidence was commenced during that member's term. (Ord. No. 20781, § 1, 9-19-1989) 15 Sec. 2-324. - Chairperson; quorum. The commission shall elect a chairperson and a vice -chairperson. The vice -chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position. The officers of the commission shall serve one-year terms. A majority of the members of the commission shall constitute a quorum. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-325. - Meetings. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September as set by the commission. The commission shall comply with the Texas Open Meetings Act. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 23460, § 1, 10-13-1998; Ord. No. 24614, § 1, 10-9- 2001) "Sec. 2-326. - Duties. (a) The commission shall, in addition to its other duties: (1) Review all proposed changes to this ordinance and make recommendations to city council before being placed on a city council agenda for action. (2) Prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics. Such materials shall include instructions to the public about how to obtain information such as financial disclosures, campaign reports, and the like from the city. Review all statcments and financial disclosure reports which are filed with the city pursuant to this Article. If the commission identifies a possible conflict of interest or needs further disclosure from its review of the financial disclosure report, the Commission shall notify the filing official to request additional information regarding the possible conflict of interest. (3) (4) Annually review the code of ethics and make appropriate recommendations to the city council after conducting a public hearing on any such recommendations. Review all public opinions related to the code of ethics that are issued by the city attorney. (6) Prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within thirty (30) days following the deadline for filing the last campaign finance reports for each city council election. For the purposes of this provision, a general election and run-off election shall be considered as a single city council election. (5) 16 (b) The commission may: (1) Adopt rules of procedure for the conduct of its business and to carry out the provisions of the code of ethics, consistent with the code of ethics and other applicable law. (2) Prepare reports and studies to advance the purposes of the code of ethics. (3) Request the city council and city manager to provide such assistance as it may require in the discharge of his duties. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 4, 8-18-2009) Sec. 2-327. - Staffing. The commission shall be assigned staff by the city attorney to assist in its duties. The commission shall also designate independent legal counsel, and when complaints are filed, such independent legal counsel may be utilized to advise the commission and participate in hearings. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-328. - Legal opinions and services. (a) Any council member, employee or board member may submit a written request to the city manager for an opinion concerning the meaning or effect of any section, word or requirement of the code of ethics as it affects such official, employee or board member. The city manager shall submit such request to the city attorney, who will promptly issue a written opinion to the city manager. Such opinion shall be filed with the city secretary with a copy to the requesting person shall constitute an authoritative determination of the meaning of this article, until amended by the council. (b) If a complaint is filed with the ethics commission about any specific action, omission or alleged conflict of interest by the charged person which has been the subject, in whole or in part, of a city attorney's opinion, the independent legal counsel shall act as the commission's attorney on said complaint. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-329. -Jurisdiction of commission. The ethics commission shall have jurisdiction of complaints involving any "city official" which includes the mayor and members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, department heads, and municipal court judges (including substitute judges), and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-330. - Complaints. (a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the Rules of Conduct (section 2-311) or Section 2 310) alleged to have been violated and facts alleged to constitute the violation. In lieu of a complaint sworn to under oath, the complainant may subscribe to the complaint using an unsworn declaration prepared in compliance with the 17 Texas Unsworn Declaration Act, V.T.C.A., Civil Practice and Remedies Code ch. 132, as amended. (b) Upon the complaint of any one (1) person filed with the city secretary's office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city officials and board members other than members of this commission. In addition, the commission shall consider such possible violations when referred to it as a complaint by majority vote of all council members holding office and qualified to vote thereon. The council may direct the city attorney to draft such referred complaint, which shall be reviewed as other complaints hereunder. The council members voting for the complaint shall sign the complaint. (c) A complaint alleging a violation must be filed with the city secretary within six (6) months from the date the complainants knew or should have known of the action alleged as a violation, and not afterward. (d) (1) The city secretary, after receiving a complaint submitted in accordance with subsection (a) above, shall, within three (3) working days, acknowledge receipt to the complainant and provide a copy to the city attorney, the commission, and the person complained against. (2) The person complained against shall have ten (10) calendar days, from receipt of the complaint, to submit a written response to the complaint to the city secretary. (3) The commission shall, not earlier than the time allotted in subsection (d)(2) and not later than thirty (30) calendar days after receipt of a complaint by the city secretary, notify in writing the person who made the complaint and the person complained against whether it intends to schedule a hearing or take other action concerning the complaint. (4) The complainant shall have one (1) opportunity within fifteen (15) calendar days of any denial of their original complaint by the commission to amend their complaint and refile the same with the commission. (e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means: (1) without basis or fact; or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20896, § 1, 3-27-1990; Ord. No. 23772, § 4, 9-21- 1999; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 030573, § 1, 8-11-2015) Sec. 2-331. - Ex parte communications. After a complaint has been filed and during the pendency of a complaint before the commission, a member of the commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the commission. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-332. - Hearing. (a) 18 The hearing shall be held as expeditiously as possible following the determination by the commission to conduct a hearing on a particular matter. The commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the person complained against; provided, however, the commission may also delay commencement of a hearing for good cause such as a hurricane or unavailability of a material witness. (b) The issue at hearing shall be whether the violation alleged in the complaint occurred. The commission shall make its determination based on the preponderance of credible evidence in the record. All witnesses shall testify under oath. Strict rules of evidence shall not be required; however, the commission shall require that all evidence be of such quality that persons customarily rely on in the conduct of serious affairs. If the commission determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provisions which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainants, the person complained against, and the city secretary. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-333. - Oaths. If a complaint proceeds to hearing, the commission may subpoena witnesses to attend and testify, administer oaths, take evidence and subpoena the production of books, papers, records or other evidence needed for the performance of the commission's duties or exercise its powers, including its duties and powers of investigation. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-334. - Sanctions. (a) If the commission determines that a violation occurred, it shall proceed directly to determine its recommendation of appropriate sanctions. The affirmative vote of a majority of the members present at the meeting shall be required for the determination that a violation has occurred and the recommendation any sanction under this code of ethics. The commission may receive additional testimony or statements before considering sanctions, but is not required to do so. (b) If the commission determines that a violation has occurred: (1) Against a council member or against a board member or city official appointed or confirmed by the council, it may recommend to the full city council a reprimand, temporary suspension, removal or any other sanction or corrective action within the power of the city council, or recall by the citizens. (2) Against a city official other than those in subsection (b)(1), it may recommend to the city manager that appropriate action be taken, as deemed necessary by the city manager. (c) In determining its recommendation, the commission shall consider the seriousness of the violation, the importance of deterrence, the impact on public confidence in government, the violations' repeated or isolated nature, the mental state with which the violation was committed, and the prior record of the person complained against. The recommendation shall be reduced to writing and transmitted to the supervisory authority and to the person complained against. (d) If the commission finds that conduct occurred which, if willful, would violate the rules of conduct, but the commission cannot determine that the conduct was a willful violation because of ambiguity as to 19 the meaning of the standard of conduct involved, the commission will recommend no sanction, but will issue a clarifying interpretation to guide future cases. (e) Nothing in the code of ethics shall change or affect the civil service, at will, or other status of any employee, city official, or board member as established by the City Charter and ordinances. The city council or supervisory authority shall consider the recommendation of the commission, but will exercise its own judgment and discretion in determining what action, if any, to take. If the commission determines that a violation of any criminal law has occurred, it shall deliver a copy of its findings to the complainants, the person complained against, and the city attorney, recommending whether prosecution should be initiated or setting forth requirements to be complied with in order that voluntary compliance requirements may be had. Said findings shall also be delivered to the county attorney or district attorney, if a violation may be within their jurisdiction. (f) (g) (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 030573, § 1, 8-11-2015) Secs. 2-335-2-339. - Reserved. DIVISION 3. - FINANCIAL DISCLOSURE Sec. 2-340. - Required reports. On or before the last Friday of April of each year, reporting officials shall file with the city secretary an annual report of financial information covering January 1 through December 31 of the previous year. Council members and planning commission members shall also file with the city secretary a supplemental report of financial information by the last Friday of July of each year covering the most recent January 1 through June 30. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-341. - Definitions. The following definitions shall apply to these financial disclosure provisions: Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, trust, company, corporation, association, committee, estate, receiver, entity or any other organization or group of persons acting in concert, whether profit or nonprofit. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, grandfather, son- in-law, daughter-in-law, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandfather -in-law, grandmother -in-law, uncle by marriage, aunt by marriage, nephew's wife, niece's husband, grandson -in-law, granddaughter -in-law, and first cousin's spouse, adoptive relationships being treated the same as natural relationships. Reporting official: The mayor and members of the city council, city manager, deputy and assistant city manager, city secretary, city attorney, department heads, municipal court judges (including substitute judges), and all members of the planning commission, ethics commission, civil service board, civil service commission, Corpus Christi Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Housing Improvement Corporation, Corpus Christi Industrial Development Corporation and the attorney who serves as local issuer's counsel for and any executive employee hired by the above corporations. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-342. - Content of reports. 20 The reports required shall contain the following information for the reporting period by separate listing. In this section, the report for the reporting official shall include all such information for the reporting official's spouse, but information relating to the spouse need not be segregated from that relating to the reporting official. (a) Name and residence address. (b) All professional, occupational, business licenses held by the reporting official. (c) The names of any businesses with which the reporting official was actively engaged or associated, and the principal address and phone number of each, together with the position or title held. (This list should not include interests in or positions with any businesses which are required to be reported in other provisions of this section.) (d) The names and addresses of all sources of income which exceed ten (10) per cent of the reporting official's gross income, or five thousand dollars ($5,000.00) in salary, bonuses, commissions or professional fees, or twenty thousand dollars ($20,000.00) in payment for goods, products or non- professional services. If the reporting official is self-employed or owns or controls at least a twenty (20) per cent interest in a partnership, corporation or other entity through which the reporting official does business, the reporting official shall also report the names and addresses of the clients or customers who do business with the city from whom the reporting official, partnership, corporation or other entity received at least ten (10) per cent of its gross income. Prior to each reporting deadline, the city shall publish a list of the names and addresses of the persons who do business with the city in the amount of ten thousand dollars or more each year (excluding utility services or the payment of taxes) which reporting officials may rely upon for the purposes of complying with this provision. A reporting official operating a business as a sole proprietor shall not be required to report a client or customer under this subsection he or she would not have to report if operating as a corporation or partnership. (e) The names and addresses of all corporations, partnerships or other business organizations in which the reporting official held, owned, acquired or sold stock or other equity ownership having a value exceeding five thousand dollars ($5,000) or equivalent to ten (10) per cent or more of the stock or equity in the entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business organization or funds received from business organization exceeds ten (10) per cent or more of the person's gross income for the previous year. An itemized list of all real property in Nueces County or any adjoining county in which the reporting official held any legal or equitable ownership with a fair market value of two thousand five hundred dollars ($2500.00) or more. The list shall include a description sufficient to locate the property. The name and address of any person to whom the reporting official was indebted in excess of ten thousand dollars ($10,000.00) together with the dates any such debts were incurred. "Indebted" includes obligations on which the reporting official is a guarantor or co-signer, in which case the names of the borrower and lender shall be listed. The name and address of any person who is an obligor on any note, bond, loan or any other similar obligation, written or unwritten, owed to the reporting official which in the aggregate equal ten thousand dollars ($10,000.00) or more together with the dates of such obligations. A list of all contracts with the City of Corpus Christi, including the date, term, type of good or services provided and the amount of the contract. All boards of directors or governing bodies of which the reporting official is a member, and all offices or executive positions the reporting official holds in corporations, partnerships, limited partnerships, professional corporations, associations, or other entities, including non -business and non-profit entities, stating the name of each entity and position held, and excluding entities owned or created by the city. (k) The names and addresses of all persons from whom the reporting official received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities or services, 21 cumulatively exceeding two hundred dollars ($200.00) in value. The nature and date of each gift received shall be specified. Provided, however, campaign contributions reported as required by state law and gifts or favors from relatives need not be reported hereunder. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 5, 8-18-2009) Sec. 2-343. - Financial disclosure by candidates. All candidates for city council shall file an annual report of financial information covering January 1 through December 31 of the previous year containing the information required by the above sections with the city secretary within five days after filing for office. If the deadline for candidate filing is after June 30, they shall also file a supplemental report of financial information. If any incumbent candidate has previously filed a report for the appropriate period(s), that report shall satisfy this section. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-344. - Reports to be sworn and maintained. All reports of financial information required by the code of ethics shall be sworn, and shall be preserved for five (5) years as public records. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-345. - Filing dates for reports. Reports required by this division must be physically filed with the city secretary by 4:45 p.m. on the day required for filing. When the day falls on an official city holiday as established by the city council, the deadline for receipt by the city secretary is extended to 4:45 p.m. of the next day which is not a Saturday or Sunday or official city holiday. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-346. - Failure to file report. The failure of a reporting official or employee to file a true and accurate report as required under this code of ethics shall constitute a violation of the rules of conduct. Failure to timely file a report by a member of the planning or ethics commission or the civil service board/commission shall constitute forfeiture of the office. Such forfeiture shall be automatic and immediate, except if state law requires a hearing, the forfeiture shall occur immediately upon a council determination of timely failure to file. In the event a person who has failed to file a required report no longer serves in an official capacity with the city, that person shall be barred from serving as an appointed officer, board member or employee of the city in the future until the required report has been filed. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 21195, § 1, 7-16-1991) Sec. 2-347. - Voluntary reports. Any city official, employee, or board member may file reports exceeding the requirements of the code of ethics, and said reports shall be preserved in the same manner as required reports. (Ord. No. 20781, § 1, 9-19-1989) 22 Sec. 2-348. - Disclosure of gifts by employees. Any employee of the city other than reporting officials, whether under civil service or not, who received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities, or services, cumulatively exceeding two hundred dollars ($200.00) in value in any calendar year, from any person (other than a relative) whose name is published in the list of persons doing business with the city under subsection 2-342(d), shall file a report of the names and addresses of such persons and the date and nature of each gift with the city secretary. The deadline for filing such reports shall be February 1 of each year; provided that, such a separate report shall not be required for any employee who is required to file a report as a reporting official. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-349. - Disclosure of interests by contractors. (a) Any business desiring city council, board, commission or committee consideration or action concerning that business (other than granting an electrician license, solicitation permit and approving a plat) shall, prior to its placement as an agenda item on the public notice of such body, file with the city (and if a vendor, file with the city's purchasing agent) a statement specifically naming any city employee, official and board member having an ownership interest in the business constituting three (3) per cent or more of the ownership, or having any pecuniary interest in the transaction or property which is the subject of consideration or action. (b) In the case of any business desiring to sell goods or services to the city (except when the value of the goods or services is not reasonably anticipated to exceed one hundred dollars ($100.00) per calendar year), but which does not require city council, board, commission or committee consideration or action, the business shall file with the city's purchasing agent a statement specifically naming any city employee, official and board member having any ownership into best in the business constituting three (3) per cent or more of the ownership, or having any pecuniary interest in the transaction. This provision does not apply to or include the purchase of magazine subscriptions and memberships in professional or trade organizations related to municipal operations. (c) For corporate businesses whose shares are publicly traded and listed on recognized national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities and Exchange Commission Form 10-K is filed in lieu of the statements required by this section. (d) 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, he or she 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. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 6, 8-18-2009) SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. 23 SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall take effect upon final City Council approval. Code of Ethics Recommendations City Council Presentation November 15, 2016 Ethics Commission Recommendations to City Council July 19: The Ethics Commission Chair presented the Ethics Commission recommended changes to the City Council. September 15: Ethics Commission meeting; EC recommends modifications to their initial recommendations. C: Current M: Mureen Report EC: Ethics Comm recommendations as presented to CC on 7/19/16 EC: Ethics Comm modified recommendations 9/15/16 Section 2-311 (4) - Special Privileges C: "Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause." EC: Recommend removal. Section 2-311 (8) (A) Conflict of Interest Expand "circle of influence" C: Employee/Official, spouse, parent, child, siblings, in-laws M & EC: City official or employee shall not take any action and shall not fail to take any action related to their position that is likely to affect the economic interest of anyone within the expanded circle of influence: Grandchildren/grandparents Clients Members of household Employers & Employers of spouse/child/parent/household Entity in which official has policy making position Official/spouse offered/sought employment 1 yr Official/spouse ongoing business negotiations with entity Revise definition of "client" for purposes of conflict of interest section 2-311 (8) (D) Definitions 2)The term "client" includcs busincss rclationships of a highly personalizcd naturc, but not ordinary busincss customcr rclationships. (2) The term "client" includes a fiduciary relationship but not an ordinary customer relationship." 5 Recommend removal of proposed Section 2-311 (8) (a) 9 EC: Kecommenas removal of the proposea cnange to (8)(a) 9: (8) (A) General rule. To avoid the appearance and risk of impropriety, a City official or employee shall not take any action or fail to take any action related to their position that is likely to affect the economic interests of:.. . A. 10, or City management to represent the best interests of the City, if the action by the City official or employee as a member of the board is related to an itcm pertaining to the City, and the City official or employee would be involved in the negotiation, development or implementation of that item on behalf of the City; or 6 Section 2-311 (8) definition of "official" for purposes of conflict of interest section 2-311(8)(D)... (5) For purposes of this subsection (8), the term "official" includes the following persons: The Mayor; Members of the City Council; Municipal Court Judges and Magistrates; City Manager; Deputy City Manager; Assistant City Managers; Assistants to the City Manager; City Secretary; Deputy City Secretary; Assistant to the City Secretary; Municipal Court Clerk, Deputy Court Clerks; All department heads and assistant department heads; Internal Auditor and all Assistant Internal Auditors; Assistant to Mayor; Executive secretaries; and Members of all boards, commissions (except the Youth Commission whose members are minors), committees, and other bodies created by the City Council pursuant to federal or state law or City ordinance, including entities that may be advisory only in nature, who are appointed by the Mayor, the City Council, or who are designated in the by-laws or organization papers of the entity to serve on behalf of the City; and board members of any entity who are appointed by the Mayor or City Council to such board membership. - incorporated into this Code without further action by the City Council. The Human Resources staff shall provide the list annually to the City Council and City Secretary. The City Secretary shall promptly - - This list is updated and posted annually to the City website by the City Manager." Section 2-311 (8)(B) regarding information discussed in confidential meetings EC: "No city employee, city official, appointed or elected, family member, friend, or business associate of a city employee or city official appointed or elected should profit from privileged information discussed in confidential city meetings. Any council member already involved in any city projects should immediately recuse themselves from any Executive Session council meetings as well as City Council votes where such matters are being discussed." 8 Section 2-311 (8) (E) regarding conflict of interest due to political campaign contributions EC: "Elected city officials may not use their position to influence the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed $"nn or more to the official's campaign contributions during the most recent election either directly, or indirectly via a third party." New Sections 2-311(16) and (17) — Confidential Information Current 2-311 (13): "You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law." M:1) Do not use official position to obtain official information about a person other than for performing official duties. 2) Do not disclose confidential information relating to city affairs that you obtain through your position. EC: Recommend following Mureen recommendation Section 2-311 ( 21)regarding appointments, new subsection (E) C: 2-311 (19) Prohibits council participation in appointments of any individual who EC: Renumbered as 2-311(21) and added the following paragraph (E) Contributed $2,700 or more to your total campaign contributions during the previous election. EC: Clarified this would not apply to donations by a political committee. 11 Section 2-316 Lobbyist — new subsection D EC: new subsection added "D. A person may not register as a lobbyist with the City for a period of two years from end of City service." Section 2-326 (a) (3) Ethics Commission duties regarding financial disclosure reports EC: Codifies the current EC practice "Review all financial disclosure reports which are filed with the City pursuant to this Article. If the commission identifies a possible conflict of interest or needs further disclosure from its review of the financial disclosure report, the commission shall notify the filing official to request additional information regarding the possible conflict of interest." Section 2-330 (a) Complaints regarding "Rules of Conduct" EC: "A sworn complaint alleging violation of the code of ethics shall specify the provisions of the Rules of Conduct (Section 2-310 and Section 2-311) alleged to have been violated and facts alleged to constitute the violation. EC: No longer recommending this change to current 2-330. Will continue to read: C: Sec. 2-330. - Complaints. (a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the Rules of Conduct (section 2-311)alleged to have been violated and facts alleged to constitute the violation. In lieu of a complaint sworn to under oath, the complainant may subscribe to the complaint using an unsworn declaration prepared in compliance with the Texas Unsworn Declaration Act, V.T.C.A., Civil Practice and Remedies Code ch. 132, as amended.