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Agenda Packet City Council - 02/21/2017
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, February 21,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s 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 Pro Tem Carolyn Vaughn to call the meeting to order. B. Invocation to be given by Reverend Gloria Lear, First United Methodist Chruch. C. Pledge of Allegiance to the Flag of the United States to be led by Ivan Alvarez, Calallen High School, Member of Interact Club and Attended Rotary Youth Leadership Conference. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 17-0261 Proclamation declaring February 19 - 25, 2017, "National Engineer's Week". Commendation recognizing Coach Steve Chapman on Induction into the Texas High School Baseball Coaches' Association Hall of Fame. Arts & Cultural Commission Will Recognize the 2017 Arts Grant Recipients With a Check Presentation. Swearing-In Ceremony of Newly Appointed Board, Commission and Committee Members. Corpus Christi Page 1 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0265 Regular Meeting of February 14, 2017 Attachments: Minutes- February 14, 2017 H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0260 Citizens Advisory Health Board Commission on Children and Youth Attachments: Citizens Advisory Health Board Commission on Children and Youth I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Corpus Christi Page 2 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 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. K. CONSENT AGENDA: (ITEMS 4 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-0059 Engineering Design Contract for Community Park Development and Improvements -West Guth Park (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Turner Ramirez Architects of Corpus Christi, Texas in the amount of$125,919 for Community Park Development and Improvements - West Guth Park for design, bid and construction phase services. (Bond 2012, Proposition 4). Attachments: Agenda Memo-West Guth Park.docx Prosect Budget-West Guth Park.xlsx Location Map-West Guth Park.pdf Presentation -West Guth Park rev3.pptx Contract for Professional Services w signature.pdf Form 1295-E14016 West Guth Park TRA.pdf 5. 17-0160 Construction Contract and Testing Agreement for Gollihar Road Improvements Staples Street to Weber Road (Bond 2014, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the Corpus Christi Page 3 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 amount of$10,601,341.44 for Gollihar Road from Staples Street to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of$90,801.00 for Gollihar Road from Staples Street to Weber Road. (Bond 2014, Proposition 1). Attachments: Agenda Memo Gollihar Road Project Budget-Gollihar Location Map-Gollihar Road Presentation Gollihar Road Construction Materials Testing Agreement Form 1295 Rock Form 1295 Bay Informal Staff Report 2-2-2017-Asphalt Concrete 2.2.17 6. 17-0110 Service Agreement for Maintenance and Calibration for Hach instruments at the O.N. Stevens Water Treatment Plant (Council Priority -Water) Motion authorizing City Manager, or designee, to execute a service agreement with Hach Company, of Loveland, Colorado for maintenance and calibration services as a sole source for a total amount not to exceed $422,713.80, with an estimated expenditure of$79,838.27 in FY2016-2017. The term of the agreement is for three 12-month periods with an option to extend for up to two additional 12-month periods at the sole discretion of the City. Attachments: Agenda Memo-Hach Service Agreement-Hach Form 1295 7. 17-0125 Concession Agreement for In-Terminal Advertising (Council Priority - Economic Development) Motion authorizing the City Manager or designee to execute a concession agreement with In-Ter-Space Services, Inc., doing business as Clear Channel Airports, of Allentown, Pennsylvania, for in-terminal advertising services at the Corpus Christi International Airport for a term of five years, with one five-year renewal option, with a minimum annual revenue guarantee of$60,000 or 45% of gross receipts, whichever is greater. Attachments: Agenda Memo-CCIA In-Terminal Advertising Concession Agreement Concession Agreement-CCIA In-Terminal Advertising Form 1295-CCIA In-Terminal Advertising.pdf Evaluation Matrix -CCIA In-Terminal Advertising 8. 17-0177 Lease-Purchase of a Valve Maintenance Trailer for Water Corpus Christi Page 4 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Department (Council Priority -Water) Resolution authorizing the City Manager, or designee, to lease-purchase a valve maintenance trailer for the Utilities Department from E. H. Wachs Utility Products, a division of ITW, of Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21; and finding that the purchase of the valve maintenance trailer is necessary to preserve and protect the public health and safety of the City's residents. Total Lease-Purchase Price: $75,387.35 Total Estimated Allowable Interest for Lease: $6,892.86 Grand Total: $82,280.21 Attachments: Agenda Memo-Valve Maint Trailer Resolution Sole Source -Valve Maintenance Trailer Price Sheet-Valve Maintenance Trailer Sole Source Letter 9. 17-0186 Lease-Purchase of Two 2017 Isuzu PipeHunter Trucks for Wastewater Department Motion authorizing the lease-purchase of two 2017 Isuzu PipeHunter trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $239,644.19, with an estimated expenditure of $23,914.44 in FY2016-2017. Total Lease-Purchase Price: $220,450.00 Total Estimated Allowable Interest for Lease: $19,194.19 Grand Total: $239,644.19 Attachments: Agenda Memo- PipeHunter Trucks Price Sheet- PipeHunter Trucks 10. 17-0180 Establish Submission Deadline for Board, Commission & Committee Applications Resolution amending City Council Policies for applications for Board, Commission, and Committee Appointments. Attachments: Agenda Memo- Deadline for Board Applications.pdf Resolution -Deadline for Board Applications.pdf 11. 17-0167 Second Reading Ordinance - Rezoning property located at 16013 Northwest Boulevard (1st Reading 2/14/17) Corpus Christi Page 5 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Case No. 0117-05 George Tintera and Ping Jung Tintera: A change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. The property to be rezoned is described as a 1.776 acre tract of land of a portion out of Wade Riverside Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by George Tintera and Ping Jung Tintera ("Owners"), by changing the UDC Zoning Map in reference to a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, from the "FR" Farm Rural District to the "CG-2" General Commercial District; amending the Comprehesive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0117-05 George and Ping Jung Tintera Ordinance 0117-05 Tintera w ATT final Aerial Maps-0117-05 George and Ping Jung Tintera Zoning Report-0117-04 George and Ping Jung Tintera Att 12. 17-0173 Second Reading Ordinance - Rezoning property located at 14836 Granada Drive (1st Reading 2/14/17) Case No. 0117-01 SuperElite, LLC: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. The property is described as being Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. Planninq Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in reference to Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Corpus Christi Page 6 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0117-01 SuperElite, LLC Ordinance 0117-01 PUD SuperElite, LLC. with Exhibits rev Presentation -0117-01 SuperElite, LLC PUD Zoning Report-0117-01 SuperElite, LLC L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. 17-0187 Public Hearing and First Reading Ordinance - Rezoning property located at 7564 Brooke Road. Case No. 0117-04 Palm Land Investment: A change of zoning from the "RS-4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District. The property to be rezoned is described as a 5.824 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11, located on the west side of Oso Parkway and south of Dove Hollow Drive. Planninq Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RS-4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Palm Land Investment ("Owner"), by changing the UDC Zoning Map in reference to 5.824 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11, from the "RS-4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0117-04 Palm Land Investment Ordinance 0117-04 Palm Land Investment Aerial Maps 0117-04 Palm Land Investment Zoning Report-0117-04 Palm Land Investment 14. 17-0188 Public Hearing and First Reading Ordinance - Rezoning property located at 4343 Ocean Dr. Case No. 0117-02 Carriage Management, Inc.: A change of zoning from the "RM-AT" Multi-Family Apartment Tourist District to the "RS-10/SP" Single-Family 10 District with a Special Permit. The property is Corpus Christi Page 7 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 described as being 2.24-acres out of Seaside Subdivision and Riviera Condo, Block 1, Lot 6B, located along the south side of Ocean Drive between Robert Drive and Airline Road. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM-AT" Multi-Family Apartment Tourist District to the "RS-10/SP" Single-Family 10 District with a Special Permit. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by CLA Realtors for Carriage Management, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 2.24-acre tract of land out , Seaside Subdivision and Riviera Condo, Block 1, Lot 6B, from the "RM-AT" Multi-Family Apartment Tourist District to the "RS-10/SP" Single-Family 10 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0117-02 Carriage Management Inc Ordinance 0117-02 Carriage Management, Inc F Final Report 0117-02 Carriage Management Inc F.docx Presentation for CC-0117-02 Carriage Management Inc 15. 17-0189 Public Hearing and First Reading Ordinance - Rezoning property located at 4401 Ocean Dr. Case No. 0117-03 Carriage Management, Inc.: A change of zoning from the "RM-AT" Multi-Family Apartment Tourist District to the "RS-10/SP" Single-Family 10 District with a Special Permit. The property is described as being 3.09 acres out of Seaside Subdivision, Block 2, Lots 1 and 2, located along the south side of Ocean Drive between Robert Drive and Airline Road. Planninq Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM-AT" Multi-Family Apartment Tourist District to the "RS-10/SP" Single-Family 10 District with a Special Permit. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by CLA Realtors for Carriage Management, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 3.09-acre tract of land out , Seaside Subdivision, Block 2, Lots 1 and 2, from the "RM-AT" Multi-Family Apartment Tourist District to the "RS-10/SP" Single- Family 10 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 8 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Attachments: Agenda Memo-0117-03 Carriage Management Inc Ordinance -0117-03 Carriage Management, Inc F.docx Presentation for CC-0117-03 Carriage Management Inc Zoning Report 0117-03 Carriage Management, Inc F M. REGULAR AGENDA: (ITEMS 16 - 17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 17-0091 Second Reading Ordinance - Granting a Revocable Easement and Temporary Construction Easement on four (4) City Owned Properties (1st Reading 2/14/17) (Council Priority - Economic Development) Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; authorizing the City Manager or designee to execute a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to construct, operate, maintain, repair and remove one 10 inch pipeline. Attachments: Agenda Memo- DCP Sand Hills Pipeline LLC Revised Ordinance - DCP Sand Hills Pipeline LLC Ordinance - DCP Sand Hills Pipeline LLC Easement- DCP Sand Hills Pipeline LLC Temporary Easement Exhibit A-Location 1 Exhibit A-Location 2 Exhibit A-Location 3 Exhibit A-Location 4 Location Map Presentation Pipeline 17. 17-0190 Second Reading Ordinance -Appointments of Municipal Court Judges (First Reading -02/14/17) Ordinance appointing Young Min Burkett, Jacqueline Del Llano Chapa, Ray A. Gonzalez, Gail Loeb, Patrick O' Hare, and Mike James Alaniz as Municipal Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing Gail Loeb as the Presiding Judge; appointing Jerry L. Batek, Robert Brunkenhoefer, Christopher E. Matt, Michael McCaig, Todd A. Robinson, and David Walsh as Part-Time Judges of the Municipal Court of Record In the City of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. Corpus Christi Page 9 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Attachments: Ordinance -Appointing MunCt Judges 2017 N. FIRST READING ORDINANCES: (ITEMS 18 -23) 18. 17-0203 First Reading Ordinance -Appropriating Funds for Repairs to the Violet Radio Transmission Tower Ordinance appropriating $12,075.64 from the Radio System Capital Replacement Reserve Fund to pay for repairs to transmission lines at the Violet radio transmitter site which serves the City, County, and RTA radio systems; amending the FY16-17 budget adopted by Ordinance No. 030965 to increase expenditures by $12,075.64. Attachments: Agenda memo- radio capital replacement funds 02.21.2017 Ordinance -Appropriating Radio Replacment funds 2017- Police Repairs to Violet Tower 19. 17-0204 First Reading Ordinance -Accepting and Appropriating the High Intensity Drug Trafficking Area (HIDTA) Grant Award for the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo HIDTA grant award 02.21.2017 Ordinance - HIDTA grant 2017- Police 2017 signed SF-424 20. 17-0168 First Reading Ordinance - Service Agreement to Manage and Operate the Al Kruse Tennis Center(Tabled 2/14/17) Ordinance authorizing the City Manager or designee to execute a service agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for AI Kruse Tennis Center for a term of 36 months with up to two additional 12-month extension option periods; the City will pay the Contractor $3,166.00 per month for an estimated annual total of$38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the Al Kruse Tennis Center. Attachments: Agenda Memo-Al Kruse Tennis Ctr Manaq Operation Ordinance -Al Kruse Tennis Ctr Manage Operation Corpus Christi Page 10 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Service Agreement-Al Kruse Tennis Center Form 1295-Al Kruse Tennis Center Management.pdf Matrix RFP 172 Al Kruse Tennis Center Informal Staff Report 1-12-17-Al Kruse Tennis Center Memo 1.12.17 Informal Staff Report 2-8-17 -Al Kruse Tennis Center Solicitation 21. 17-0208 First Reading Ordinance - Closing a Utility Easement Located at 5921 Saratoga Boulevard (Council Priority - Economic Development) Ordinance closing, abandoning, and vacating a 0.071-Acre portion of an existing utility easement out of a part of Lot 1A, Block 1 of Saratoga Heights Subdivision, located at 5921 Saratoga Blvd. and requiring the owner, PlainsCapital Bank, to comply with the specified conditions. Attachments: Agenda Memo- Easement Closure Plains Capital Bank Ordinance with Exhibits- Easement Closure Plains Capital Bank Aerial Maps- Easement Closure Plains Capital Bank 22. 17-0157 First Reading Ordinance - Creating One-Way Traffic Flow Along Booty Street(Bond 2014, Proposition 1) (Council Priority - Streets) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Booty Street from a two-way traffic pattern to a one-way traffic pattern and Schedule III - Parking prohibited at all times on certain streets by adding Booty Street; providing for severance; and providing for publication. Attachments: Agenda Memo-Conversion of Booty Street Ordinance -Conversion of Booty Street.docx Location Map-Conversion of Booty Street Vicinity Map-Conversion of Booty Street.pdf Site Plan -Conversion of Booty Street Presentation -Conversion of Booty Street 23. 17-0282 First Reading Ordinance - Calling a Special Election to be held on May 6, 2017 for the Election of Mayor Ordinance ordering a special election to be held on May 6, 2017 in the City of Corpus Christi for the election of Mayor to fill remainder of the unexpired term; authorizing a runoff election, if one is necessary, on June 24, 2017; providing for procedures for holding such election; authorizing a joint election agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Attachments: Agenda Memo-Ordering May 6 2017 special election Corpus Christi Page 11 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Ordinance - May 6 2017 Special Election Ordinance Cost estimate -02-13-17 Nueces County Cost estimate -02-15-17 Nueces County PowerPoint-2-21-17 Update on May 6 2017 Special Election O. FUTURE AGENDA ITEMS: (ITEMS 24 - 35) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 16-1249 Engineering Contract Amendment No. 2 for On-Call Technical Services Related to Water Supply Planning (Council Priority - Water) Motion authorizing the City Manager, or designee, to execute Amendment No. 2 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$31,700, for a total restated fee of$81,600, for the On-Call Technical Services Related to Water Supply Planning. Attachments: Agenda Memo-On-Call Services Prosect Budget-On-Call Services Contract-On-Call Services Presentation -On-Call Services Form 1295-On-Call Services 25. 17-0206 Supply Agreement for the Purchase of Meter Transmission Units for Water Utilities and Gas Department(Council Priority -Water) Motion authorizing City Manager, or designee, to execute a supply agreement with Aclara Technologies LLC, of Hazelwood, Missouri for the purchase of meter transmission units (MTUs), based on the cooperative purchasing agreement with the Houston-Galveston Area Council for a total amount not to exceed $1,079,680.00, with an estimated expenditure of$629,813.33 in FY2016-17. The term of the agreement is a term of 12 months, with an option to extend for up to one additional 12-month period, subject to the sole discretion of the City. Attachments: Agenda Memo-Aclara Transmission Units Price Sheet-Aclara Transmission Units.pdf Supply Agreement- Lydia 2162017 Form 1295.pdf 26. 17-0226 Service Agreement for Cost Allocation Plans and User Fee Study Motion authorizing the City Manager or designee to execute a service agreement with MGT of America Consulting, LLC, of Austin, Texas for cost allocation plans and a user fee study for a total amount not to exceed $101,630, of which $74,280.00 will be paid in Fiscal Year Corpus Christi Page 12 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 2016-2017. The term of the agreement is for 36 months with up to two additional 12-month extension option periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Cost Allocation Plans and User Fee Study Service Agreement MGT Final Evaluation Matrix RFP 980 Cost Allocation & User Fee Study Form 1295 MGT 20170208 Presentation - MGT Cost Allocation and Fee Study 27. 17-0259 Construction Contract for Taxiway "K" (Kilo) Extension for Coast Guard Operations at Corpus Christi International Airport Motion authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Civil Construction, Inc. of Houston, Texas in the amount of$2,203,523.71 for the Corpus Christi International Airport (CCIA) Taxiway "K" (Kilo) Extension for Base Bid I (Concrete Option). Attachments: Agenda Memo Taxiway K Prosect Budget Location Map-Taxiway K Construction Presentation Taxiway K Letter of Recommendation -Taxiway Kilo Form 1295 28. 17-0181 Lease-Purchase of One 2018 Freightliner M2-112 Service Truck for the Wastewater Department Motion authorizing the City Manager, or designee, to lease-purchase one 2018 Freightliner M2-112 service truck from Houston Freightliner, of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council for a total amount not to exceed $202,497.38, with an estimated expenditure of$20,199.72 in FY 2016-2017. Attachments: Agenda Memo- Freightliner Service Truck Price Sheet- Freightliner Service Truck 29. 17-0243 Establish Waste Acceptance Contract with Mark Dunning Industries, Inc. Motion authorizing the City Manager or designee to execute an 11-year contract with Mark Dunning Industries, Inc., 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, and ratifying the start date of the contract to be November 12, 2016. Corpus Christi Page 13 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 Attachments: Agenda Memo- MDI Contract .docx Contract- MDI put-or-pay contract.pdf Exhibit A-Cefe Valenzuela Landfill Site Operating Plan.pdf Form 1295 MDI Contract 30. 17-0246 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) (Council Priority - Economic Development) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as The Avanti Bayside to be developed by MDS Housing Lipes, Ltd. Attachments: Agenda Memo-The Avanti Bayside Resolution -The Avanti Bayside Presentation-HCD Affordable Housing Resolutions 31. 17-0247 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) (Council Priority - Economic Development) Resolution of the City Council of Corpus Christi, Texas in support of the proposed affordable housing project known as Oaklake on Rodd Field to be developed by NIFF Oaklake Rodd Field, LP. Attachments: Agenda Memo-Oaklake on Rodd Field Resolution -Oaklake on Rodd Field 32. 17-0248 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) (Council Priority - Economic Development) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Sea Gulf Villa Apartments to be developed by Corpus Christi SGV, LP. Attachments: Agenda Memo-Sea Gulf Villa Resolution -Sea Gulf Villa 33. 17-0249 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) (Council Priority - Economic Development) Resolution of the City Council of the City of Corpus Christi, Texas in Corpus Christi Page 14 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 support of the proposed affordable housing project known as Village at Henderson to be developed by TG 110 Village at Henderson, LP. Attachments: Agenda Memo-Village at Henderson Resolution -Village at Henderson 34. 17-0250 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) (Council Priority - Economic Development) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. Attachments: Agenda Memo-Samuel Place Resolution -Samuel Place Apartments 35. 17-0252 Resolution identifying a development in the City Central Corridor Community Revitalization Plan which will contribute to revitalization efforts. (Council Priority - Economic Development) Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. Attachments: Agenda Memo Revitalization Plan Resolution Resolution Most Significant Contribution Samuel Place Community Revitalization Plan Adopted Central Corridor Map-Samuel Place P. BRIEFINGS: (ITEM 36) 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. 36. 17-0287 Affordable Cottage Housing (Council Priority - Economic Development) Attachments: Agenda Memo-Affordable Cottage Housing Presentation -Taubman Infill Housing CC City Council 022117-Color Q. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. R. EXECUTIVE SESSION: (ITEMS 37 - 39) Corpus Christi Page 15 Printed on 2/20/2017 City Council Meeting Agenda-Final February 21,2017 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. 37. 17-0278 Executive Session pursuant to Texas Government Code § 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to litigation related to the New Broadway Wastewater Treatment Plant, including Graham Construction Services, Inc. v. City of Corpus Christi and contract with Advanced Discovery, Inc. for litigation discovery database project management. 38. 17-0279 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 annexation, deannexation, provision of utility services in annexed areas, municipal authority in the City's extraterritorial jurisdiction, wind turbines, agreements related to aforementioned items, and other legal matters related to the aforementioned matters in areas annexed by the City in 2014. 39. 17-0280 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of City Secretary. S. ADJOURNMENT Corpus Christi Page 16 Printed on 2/20/2017 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday, February 14,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Pro Tem Carolyn Vaughn to call the meeting to order. Mayor Pro Tem Vaughn called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. City Secretary Rebecca Huerta gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mike Markle, Chief of Police. Police Chief Mike Markle led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Joe McComb,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn Corpus Christi Page 1 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 E. Proclamations /Commendations 1. Proclamation declaring February 12 - 18, 2017, "National League of United Latin American Citizens Week". Proclamation declaring February 12 - 18, 2017, "Texas A&M University - Corpus Christi 2017 Islander Homecoming Week". Commendation recognizing Calallen Football Coach Phil Danaher. Mayor Pro Tem Vaughn presented the proclamations and Certificate of Commendation. G. MINUTES: 2. Regular Meeting of January 31, 2017 Mayor Pro Tem Vaughn referred to approval of the minutes.A motion was made by Council Member Rubio,seconded by Council Member Garza, that the Minutes be approved. The motion carried by a unanimous vote. H. BOARD &COMMITTEE APPOINTMENTS: 3. Corpus Christi Downtown Management District Landmark Commission Parking Advisory Committee Reinvestment Zone No. 3 Board Mayor Pro Tem Vaughn referred to board and committee appointments. The following appointments were made: Corpus Christi Downtown Management District Council Member Molina made a motion to reappoint Cherylyn M. Boyd (PO) and appoint Christian Bernard (PO),seconded by Council Member Rubio and passed unanimously. Landmark Commission Council Member Molina made a motion to appoint Dr. Ira J. Freeman (Registered Architect),seconded by Council Member Hunter and passed unanimously. Council Member Garza nominated Lisa A. Garza(Regular Member). Council Member Rubio nominated Margareta Fratila(Regular Member). Council Member Guajardo nominated Dylan Farley(Regular Member). Council Member Molina nominated Leah Tiner(Regular Member). Lisa A. Garza(Regular Member), Margareta Fratila(Regular Member), and Dylan Farley(Regular Member)were appointed with Council Members Garza, Smith, Guajardo, McComb,Vaughn, Rubio, and Hunter voting for Lisa A. Garza; Council Members Garza, Smith, Vaughn, Rubio, Molina, and Hunter Corpus Christi Page 2 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 voting for Margareta Fratila; Council Members Garza, Guajardo, McComb, Vaughn, Rubio, and Molina voting for Dylan Farley; and Council Members Smith, Guajardo, McComb, Molina, and Hunter voting for Leah Tiner. Parking Advisory Committee Council Member Rubio made a motion to appoint David S.Allen (Downtown Management District Nominee)and Michael J. Flores (Downtown Management District Nominee),seconded by Council Member Guajardo and passed unanimously. Reinvestment Zone Nof. 3 Board Mayor Pro Tem Vaughn made a motion to appoint Al Jones (Downtown Management District)and reappoint Rudy Garza, Paulette Guajardo, Lucy Rubio, Greg Smith and Carolyn Vaughn,seconded by Council Member Smith and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor Pro Tem Vaughn referred to comments from the public.Jack Gordy, 4118 Bray, spoke regarding the removal of the tree stumps on Airline Road in front of the Gulfway Shopping Center and the removal of illegal signs. Flo East, 1605 Yorktown,spoke regarding the following topics:thank you to City Manager Rose for attending a recent meeting in Flour Bluff;the success of the vessel turn-in program;the improvements to Parker Park; and reconsideration for the litter critter program for Flour Bluff and the surrounding areas.Johnny French,4417 Carlton,spoke regarding placing a bond proposition on the May ballot to fund the construction of Park Road 22. Kate Engler, 8405 Wednesbury, Houston, Texas, spoke regarding an issue that occurred at 1919 Leopard and other illegal activities. Margareta Fratila, 3606 Tripoli,spoke regarding issues related to red light cameras. Sherry Sells, 5014 Wingfoot, and Kelly Sells, 5014 Wingfoot,spoke regarding officer discretion on various violations. Chris Phelan, 3806 Kingston,spoke regarding the following:water quality;the appointment of new Water Director Clarence Wittwer;support for Agenda Item 19 regard backflow prevention devices; and invited the City Council to attend an Immigration Forum on February 19, 2017 at Unitarian Universalist Church of Corpus Christi. Susie Luna Saldana,4710 Hakel,spoke regarding previous Corpus Christi Page 3 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 public comments made labeling enforcement officers and praised enforcement officers for their hard work.Veronica Vela, 3608 Kingston,spoke regarding the Immigration Forum scheduled for February 19,2017 from 6:00 p.m.to 8:00 p.m. at Unitarian Universalist Church of Corpus Christi. Lonnie Laningham, 5327 East Riverview, Robstown, Texas, spoke in support of the red light cameras. Gloria Randall Scott, 4422 S. Alameda,thanked the council members that attending the Citizens Alliance on Fairness and Progress and invited the City Council to attend the meetings that are held every Monday at Solomon Coles High School. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Vaughn deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: b. OTHER 1) City Manager Rose announced the appointment of the new Water Director Clarence Wittwer.2) The next"Conversations with the City Manager" is scheduled to be held Friday, February 17,2017 at 10:00 a.m. at the McDonald Public Library located at 4044 Greenwood Drive. 3) The Utilities Department has a Water Flushing Program for residents located near hydrants or dead end mains to be able to use the discharged water to irrigate their lawns. Citizens wanting more information can contact 361-826-1234.4)City Manager Rose discussed the success of the Vessel Turn-in Program which ended on February 11,2017. The goal of the program was to properly dispose of boats to minimize the negative effects to the environment. a. WATER QUALITY UPDATE City Manager Rose announced that beginning Monday, March 6,2017, the City will temporarily change the water disinfectant to improve the overall quality of the water system. The temporary chlorine conversion is estimated to last from up to eight weeks and will allow for chlorine dioxide to be added to the water treatment process. The process has been endorsed by the Environmental Protection Agency(EPA) and the Texas Commission on Environmental Quality (TCEQ). K. CONSENT AGENDA: (ITEMS 4 - 16) Approval of the Consent Agenda A motion was made to approve the Consent Agenda. The motion carried by the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Resolution Approving submission of a grant application for funding available under the Violence Against Women Act (VAWA) Corpus Christi Page 4 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 Resolution authorizing the submission of a grant application in the amount of$47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of$17,314.58, an in-kind match of$8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was passed. Enactment No: 031060 5. Resolution authorizing the submission of a grant application for funding available under the Victims of Crime Act (VOCA) fund for the Victim Outreach Program Resolution authorizing the submission of a grant application in the amount of$281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of$60,865.04 and $9,600 in-kind services, for a total project cost of$352,325.22; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was passed. Enactment No: 031061 6. Approving the Purchase of Police Uniforms Motion approving the purchase of police uniforms from Galls, LLC, formerly Lone Star Uniforms, of Houston, Texas, for a total amount of $70,150.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been approved for FY2016-2017. This Motion was passed. Enactment No: M2017-020 7. Service Agreement for Custodial Services at the Police Department Motion authorizing City Manager, or designee, to execute a service agreement with ABM Janitorial Service-South Central, Inc., of San Antonio, Texas for custodial services for the Corpus Christi Police Department, in accordance with Request for Bid No. 170, based on the lowest, responsive, responsible bid for a total amount not to exceed $93,000, with an estimated expenditure of$54,250 in FY 2016-2017. Corpus Christi Page 5 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 The term of this contract will be for 12 months with options to extend for two additional 12-month periods at the sole discretion of the City. This Motion was passed. Enactment No: M2017-021 8. Purchase and Installation of Scale Replacement at J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Brian Baldwin dba Baldwin Scale Co., of Corpus Christi, Texas, for the purchase and installation of a scale, in accordance with Request for Bids No.174, based on lowest, responsive and responsible bid for a total not to exceed $56,750, which is funded in FY2016-2017. This Motion was passed. Enactment No: M2017-022 9. Service Agreement for Servicing of Scales at Landfills Cefe Valenzuela and J.C. Elliott Motion authorizing City Manager, or designee, to execute a service agreement with A-1 Scale Services, Inc., of San Antonio, Texas, for the servicing of six scales, in accordance with Request for Bid No. 148, based on the lowest, responsive and responsible bid for a total amount not to exceed $29,300.00 of which $19,533.33 has been budgeted in the General Fund for FY2016-2017. The term of this contract will be for one year with option to extend for two additional one-year periods, at the sole discretion of the City. This Motion was passed. Enactment No: M2017-023 10. Lease Purchase of Refuse and Recycle Containers (Carts) Motion authorizing City Manager, or designee, to lease-purchase from Cascade Engineering, Inc., of Grand Rapids, Michigan, 9,440 96-gallon refuse containers and 1,870 96-gallon recycle containers for a total amount of$569,409.99, with an estimated expenditure of $66,431.05 in FY2016-17. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Government (H-GAC). The containers will be used in the City's automated collection program. Lease-Purchase Price $534,736.80 Interest $34,673.19 Total $569,409.99 Corpus Christi Page 6 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 This Motion was passed. Enactment No: M2017-024 11. Service Agreement for Electrical Services for Cefe Valenzuela Landfill and J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Scott Electric Co., of Corpus Christi, Texas, for electrical services in accordance with Request for Bid No. 175 based on the lowest, responsive, responsible bid for a total amount not to exceed $33,600, with an estimated expenditure of$19,600 in FY2016-17. The term of this agreement is for 12 months with option to extend for up to three additional 12-month period at the sole discretion of the City. This Motion was passed. Enactment No: M2017-025 12. Second Reading Ordinance - Continuing the curfew for minors (1st Reading 1/31/17) Ordinance continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42, and 33-43. This Ordinance was passed on second reading. Enactment No: 031062 14. Second Reading Ordinance - Rezoning for property located at 5333 and 5337 South Staples Street (1st Reading 1/31/17) Case No. 1116-02 Lu Keiu Thi: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Gardendale No. 2, Block 4, Lots 20-B and 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. Planning Commission and Staff Recommendation (November 16. 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Lu Keiu Thi ("Owner"), by changing the UDC Zoning Map in reference to Gardendale No. 2, Block 4, Lots 20-B and 21; from the "CN-1" Neighborhood Commercial District to the "CG-2" Corpus Christi Page 7 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 General Commercial; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member McComb Enactment No: 031064 15. Second Reading Ordinance -Accepting and appropriating a donation for the purchase and Installation of Playground Equipment for Bayshore Park (1st Reading 1/31/17) Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. This Ordinance was passed on second reading. Enactment No: 031065 16. Second Reading Ordinance -Accepting and appropriating increased grant funds for the Tuberculosis Prevention and Control-Federal grant (TB/PC-FED) (1st Reading 1/31/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of$48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. This Ordinance was passed on second reading. Corpus Christi Page 8 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 Enactment No: 031066 13. Second Reading Ordinance - Rezoning property located at 4222 Airline Road (1st Reading 1/31/17) Case No. 1216-01 AEL Development LLC: A change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. The property is described as a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. Planning Commission and Staff Recommendation (December 14, 2016): Approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by AEL Development LLC ("Owner"), by changing the UDC Zoning Map in reference to 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16., from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Vaughn referred to Item 13, rezoning property located at 4222 Airline Road. In response to a council member, Interim Director of Development Services Julio Dimas stated that the Planning Commission members that voted in opposition to the zoning change did not indicate why they were opposed. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031063 Corpus Christi Page 9 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 M. PUBLIC HEARINGS: (ITEMS 17 - 18) 17. Public Hearing and First Reading Ordinance - Rezoning property located at 16013 Northwest Boulevard Case No. 0117-05 George Tintera and Ping Jung Tintera: A change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. The property to be rezoned is described as a 1.776 acre tract of land of a portion out of Wade Riverside Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by George Tintera and Ping Jung Tintera ("Owners"), by changing the UDC Zoning Map in reference to a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, from the "FR" Farm Rural District to the "CG-2" General Commercial District; amending the Comprehesive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Vaughn referred to Item 17. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow development of a Dollar General Store. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Mayor Pro Tem Vaughn opened the public hearing. There were no comments from the Council or the public. Mayor Pro Tem Vaughn closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Molina Abstained: 0 18. Public Hearing and First Reading Ordinance - Rezoning property located at 14836 Granada Drive Corpus Christi Page 10 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 Case No. 0117-01 SuperElite, LLC: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. The property is described as being Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. Planninq Commission and Staff Recommendation (January 11. 2017): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in reference to Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Vaughn referred to Item 18. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow for the development of a 27-unit single-family development. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Mayor Pro Tem Vaughn opened the public hearing. There were no comments from the Council or the public. Mayor Pro Tem Vaughn closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEM 19) 19. Second Reading Ordinance -Amending the Code of Ordinances by revising Chapter 14 Development Services Article II City of Corpus Christi Technical Construction Codes and Chapter 55, Utilities (Tabled 1/17/17) (1st Reading 1/31/17) Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of Corpus Christi Page 11 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the City's water supply, and providing for penalties, publication, severance, and an effective date. Mayor Pro Tem Vaughn referred to Item 19. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to amend the Code of Ordinances regarding backflow devices. Council members and staff discussed the following topics:the expenditure of $740,000 to replace water meters; whether the City is manually reading meters; the automated meter reading system; researching the ability to incorporate backflow systems when replacing meters; how the City of Houston is handling backflow prevention and meters; possible tabling of the item; the need to address delinquent accounts; the ordinance addressing residential irrigation; the ability to place appropriate charges on customer utility bills; implementation of charges; and the number of meters with backflow devices. Mayor Pro Tem Vaughn called for comments from the public. Linda Salomon, 1429 Ormond, asked if the words "cost-effective"could be added to the ordinance and whether all customers have been notified of the changes. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031067 O. FIRST READING ORDINANCES: (ITEM 20) 20. First Reading Ordinance - Service Agreement to Manage and Operate the Al Kruse Tennis Center (Tabled 2/14/17) Ordinance authorizing the City Manager or designee to execute a service agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for AI Kruse Tennis Center for a term of 36 months with up to two additional 12-month extension option periods; the City will pay the Contractor $3,166.00 per month for an estimated annual total of$38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the AI Kruse Tennis Center. Mayor Pro Tem Vaughn referred to Item 20. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to Corpus Christi Page 12 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 execute a service agreement with TOPS Tennis LLC for management and operations for the Al Kruse Tennis Center for a term of 36 months with up to two additional 12-month extension option periods;the City will pay the contractor$3,166 per month for an estimated annual total of$38,000, and the contractor will pay the City 5% of all pro revenue and 50% of collected City revenue in return for managing and operating the Tennis Center. There were no comments from the public. Council members and staff discussed the following topics: industry standards of the contractor paying 50% of collected revenues; how to make the tennis centers a revenue generator; investigating other models in municipal park system;whether the City receives revenue from tournaments;the economic impact of tennis center; concern with awarding the contract to a company from Dallas versus a local vendor; the issues regarding Ronald Elizondo's proposal; a breakdown of the revenue generated over the last four to six months under the management of Mr. Elizondo and Susan Shelby Torrance; the scope of work to conduct lessons, operate pro shop and schedule courts;the mission of the tennis center; the amount of revenue received from pro shop and lessons;the temporary agreement with limited operations during the time Mr. Elizondo operated the tennis center;the procurement process; Mr. Elizondo's qualifications;the length of time Mr. Elizondo ran operations at the tennis center; the expenses to operate the Al Kruse Tennis Center;submission of a plan for the tennis centers to be profitable during the budget process; City subsidy of non-performing programs;the payment to contractor to operate and maintain the tennis center; a request for June 2016 to January 2017 revenues, the duties and terms of the partial operation under Mr. Elizondo,whether Mr. Elizondo was engaged in the pro shop and a background on TOPS Tennis LLC including a list of facilities that they manage and the success of those centers; possible tabling of the item; management and operations at the HEB Tennis Center; the number of tennis facilities; the number of tennis participants; and staff's concerns with the procurement process and Park and Recreation staff currently running the tennis center. Council Member Guajardo made a motion to table Item 20 to February 21,2017, seconded by Council Member Molina. This Ordinance was tabled to specified date with the following vote: Aye: 6- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Smith and Council Member Vaughn Nay: 2- Council Member Hunter and Council Member Rubio Abstained: 0 L. RECESS FOR LUNCH Mayor Pro Tem Vaughn called for a recess at 2:00 p.m. Mayor Pro Tem Vaughn reconvened the meeting at 2:30 p.m. FIRST READING ORDINANCES: (ITEM 21) 21. First Reading Ordinance - Granting a Revocable Easement and Temporary Construction Easement on four(4) City Owned Corpus Christi Page 13 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 Properties Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; authorizing the City Manager or designee to execute a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to construct, operate, maintain, repair and remove one 10 inch pipeline. Mayor Pro Tem Vaughn referred to Item 21. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to allow construction of a pipeline on four City-owned properties. Ms. Gray provided a map of the project vicinity. The City will receive$97,145.58 of revenue. Mayor Pro Tem Vaughn called for comments from the public. Chris Phelan, 3806 Kingston,spoke regarding his work in the pipeline industry and expressed concern regarding the amount of revenue. Council members and staff spoke regarding the following topics: how the calculation for the appraised value of the land is determined; unanticipated revenue; a recommendation that the revenue be appropriated to residential streets;two of the parcels being occupied by the Police Firing Range and two of the parcels by the Water Department;the 2012 bond project shortfall for Police Forensics Building;the funding for Water Department for cathodic protection for the Mary Rhodes Pipeline. Council Member Smith made a motion to amend the ordinance by transferring $79,645.18 to the General Fund to be used for the Police Bond 2012 project and transferring $18,500 to the CIP Fund,seconded by Council Member Rubio and passed unanimously. Council Member Rubio made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 22 - 28) Mayor Pro Tem Vaughn referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 22,23, and 28.A council member requested information on Item 24. 22. Engineering Design Contract for Community Park Development and Improvements -West Guth Park (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Turner Ramirez Architects of Corpus Christi, Texas in the amount of$125,919 for Corpus Christi Page 14 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 Community Park Development and Improvements - West Guth Park for design, bid and construction phase services. (Bond 2012, Proposition 4). This Motion was recommended to the consent agenda. 23. Construction Contract and Testing Agreement for Gollihar Road Improvements Staples Street to Weber Road (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$10,601,341.44 for Gollihar Road from Staples Street to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of $90,801.00 for Gollihar Road from Staples Street to Weber Road. (Bond 2014, Proposition 1). This Motion was recommended to the consent agenda. 24. Service Agreement for Maintenance and Calibration for Hach instruments at the O.N. Stevens Water Treatment Plant Motion authorizing City Manager, or designee, to execute a service agreement with Hach Company, of Loveland, Colorado for maintenance and calibration services as a sole source for a total amount not to exceed $422,713.80, with an estimated expenditure of $79,838.27 in FY2016-2017. The term of the agreement is for three 12-month periods with an option to extend for up to two additional 12-month periods at the sole discretion of the City. This Motion was recommended to the consent agenda. 25. Concession Agreement for In-Terminal Advertising Motion authorizing the City Manager or designee to execute a concession agreement with In-Ter-Space Services, Inc., doing business as Clear Channel Airports, of Allentown, Pennsylvania, for in-terminal advertising services at the Corpus Christi International Airport for a term of five years, with one five-year renewal option, with a minimum annual revenue guarantee of$60,000 or 45% of gross receipts, whichever is greater. This Motion was recommended to the consent agenda. 26. Lease-Purchase of a Valve Maintenance Trailer for Water Department Resolution authorizing the City Manager, or designee, to Corpus Christi Page 15 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 lease-purchase a valve maintenance trailer for the Utilities Department from E. H. Wachs Utility Products, a division of ITW, of Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21; and finding that the purchase of the valve maintenance trailer is necessary to preserve and protect the public health and safety of the City's residents. Total Lease-Purchase Price: $75,387.35 Total Estimated Allowable Interest for Lease: $6,892.86 Grand Total: $82,280.21 This Resolution was recommended to the consent agenda. 27. Lease-Purchase of Two 2017 Isuzu PipeHunter Trucks for Wastewater Department Motion authorizing the lease-purchase of two 2017 Isuzu PipeHunter trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $239,644.19, with an estimated expenditure of $23,914.44 in FY2016-2017. Total Lease-Purchase Price: $220,450.00 Total Estimated Allowable Interest for Lease: $19,194.19 Grand Total: $239,644.19 This Motion was recommended to the consent agenda. 28. Establish Submission Deadline for Board, Commission & Committee Applications Resolution amending City Council Policies for applications for Board, Commission, and Committee Appointments. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 29 - 30) 30. Red Light Camera Review Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 30. Police Chief Mike Markle stated that the purpose of this item is to provide an overview of the red light camera system. The current contract term ends on April 26,2017. Chief Markle presented the following information: a background on the red light cameras contract with REDFLEX; intersection criteria; the number of camera monitors; intersection data;expenditures and revenue; and Corpus Christi Page 16 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 options moving forward. Council members spoke regarding the following topics:the increase in injuries since the institution of the program; options for renewing or cancelling the contract at the end of the term; Chief Markle's recommendation not to renew the program; and a review by Traffic Engineering on the timing of the yellow signal lights. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to send notice by March 26, 2017 that the City will not be renewing the contract ending April 26,2017 for the red light cameras,seconded by Council Member Hunter and passed unanimously. 29. Update on May 6, 2017 Special Election Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 29. City Secretary Rebecca Huerta stated that the purpose of this item is to provide an update on the May 6, 2017 Special Election. City Secretary Huerta presented the following information: the proposed timeline for the Special Election;the timeline for the Runoff Election;the election services agreement and responsibilities of the City and Nueces County; the City's non-transferable duties; proposed early voting locations and schedule;election day information;where election information can be obtained; and cost estimates. Council members spoke regarding the following topics:voters can vote at any polling place on election day; estimated cost with or without early voting on Saturday; consideration to extend hours during early voting from 8:00 a.m. to 6:00 p.m. and Saturday; concern that the equipment provided by Nueces County need to be working; issues with equipment failures during the General Election;whether former Council Member Mark Scott was eligible to run in the Special Election; recruitment efforts with school districts to incorporate students in the election process; citizens support for the voting centers; payroll options for election workers; and options for shortening the runoff schedule. MOTION OF DIRECTION Council Member Smith made a motion directing the City Attorney to waive attorney/client privilege regarding the eligibility of former Council Member Mark Scott, seconded by Council Member Garza and passed unanimously. City Attorney Miles K. Risley and City Council discussed the following topics regarding the motion of direction: the second legal opinion by Charles E.Zech addressing the effect of the one and one-half year term served by Council Member Mark Scott on the City's term limits; whether Mark Scott is eligible to run in this election;the first opinion regarding the holdover provision when the City Council did not accept Mark Scott's resignation;the language in the City Charter regarding term limits; Mr. Zech's experience;whether the new mayor will serve a full term; loopholes in the City Charter regarding term limits; and creating a Charter Review Commission. R. EXECUTIVE SESSION: (ITEMS 31 - 33) Mayor Pro Tem Vaughn referred to the day's executive sessions. The Council went into executive session at 4:15 p.m. The Council returned from executive Corpus Christi Page 17 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 session at 5:58 p.m. 31. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges. Mayor Pro Tem Vaughn referred to Item 31 and the following ordinance was considered: Ordinance appointing Young Min Burkett,Jacqueline Del Llano Chapa, Ray A. Gonzalez, Gail Loeb, Patrick O'Hare, and Mike James Alaniz as Municipal Court Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing Gail Loeb as the Presiding Judge; appointing Jerry L. Batek, Robert Brunkenhoefer, Christopher E. Matt, Michael McCraig, Todd A. Robinson, and David Walsh as Part-time Judges of the Municipal Court of Record in the City of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 32. 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 annexation, the provision of utility services in newly annexed areas, municipal authority in the City's extraterritorial jurisdiction, and wind farms, and other legal matters related to the annexation and provision of municipal services in areas annexed by the City in 2014. This E-Session Item was discussed in executive session. 33. 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). Corpus Christi Page 18 Printed on 2/17/2017 City Council Meeting Minutes February 14,2017 This E-Session Item was discussed in executive session. S. ADJOURNMENT The meeting was adjourned at 6:01 p.m. Corpus Christi Page 19 Printed on 2/17/2017 City Of Corpus Christi CITIZENS ADVISORY HEALTH BOARD BOARD DETAILS t�� The Citizens Advisory Health Board SIZE 1 1 Seats studies and assists in health and human TERM LENGTH 3 Years service operations, services and OVERVIEW TERM LIMIT N/A programs, and makes recommendations to the City and County through the Director of Health and Human Services. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Eleven (1 1)members,five(5)members appointed by the City Council for three- ye ar terms,five(5)by the Nueces County Commissioner's Court for two-year terms;and one member appointed jointly by the City and the County. The board elects its own President and Vice-President. "The City Manager and Nueces County Judge will meet to make a recommendation to both entities on the Joint DETAILS appointment. ............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 2-110, Code of Ordinances.Ordinance No.5557;Ord. No.5936;Ord. No. 14321;Ord. No. 17573 4/20/83;Ord. No. 17748 7/27/83;and S.B. 109. (See agreements authorized by M84-1053 8/14/84 and Resolution No. 028130- 4/21/09) ............................................................................................................................................................................................................................................................................................................................. MEETS 2nd Wednesday,City-County Health Department/Administrative Conference Room, 12:00 p.m.,subject to change by board. ................................................................................................................................................................................................................................................................................... TERM DETAILS City appointments are for three years. County appointments are for two years. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Health Department ............................................................................................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION ............................................................................................................................................................................................................................................................................................................................... CITIZENS ADVISORY HEALTH BOARD Page 1 of 1 Citizens Advisory Health Board Members February 21,2017 Three(3)vacancies with terms to 11/11/17 and 11/11/19 representing the following categories: 2-City Appointees and 1-Joint Appointee with Nueces County. (Note: City Manager Margie Rose and Nueces County Judge Loyd Neal are recommending Aislynn Campbell for the jointly appointed position.) JIMA Damla Eytemiz CITIZENS ADVISORY HEALTH BOARD Resigned District 4 1 11/11/17 City Member City Council Annie Galvan CITIZENS ADVISORY HEALTH BOARD Not seeking reappointment District 2 2 11/11/16 City Member City Council Cristian Radaneata CITIZENS ADVISORY HEALTH BOARD Resigned District 5 1 11/11/17 Joint Member City Council and Nueces County Raymond Martin Johnson CITIZENS ADVISORY HEALTH BOARD Active District 1 Partial 11/11/17 City Member City Council DimpleTharian CITIZENS ADVISORY HEALTH BOARD Active District Partial 06/30/17 County Member Nueces County Tony Diaz CITIZENS ADVISORY HEALTH BOARD Active 10 06/30/17 County Chair Nueces County Alison Johnson CITIZENS ADVISORY HEALTH BOARD Active 1 06/30/17 County Member Nueces County Elizabeth Sefcik CITIZENS ADVISORY HEALTH BOARD Active District 2 2 11/11/17 City Vice-Chair City Council Hannah M.Chipman CITIZENS ADVISORY HEALTH BOARD Active District 4 1 11/11/17 City Member City Council Sandra Heatherley CITIZENS ADVISORY HEALTH BOARD Active 3 06/30/17 County Member Nueces County Belinda Flores CITIZENS ADVISORY HEALTH BOARD Active 2 06/30/17 County Member Nueces County Citizens Advisory Health Board Applicants February 21,2017 �Boards Applying For A Work Address As 1® Patrick A.Ayarzagoitia CITIZENS ADVISORY HEALTH BOARD District 5 Texas A&M University-Corpus Christi 6300 Ocean Dr.,Unit 5805 Corpus Christi TX 361-825-4234 Aislynn E.Campbell CITIZENS ADVISORY HEALTH BOARD District 1 GROW Local South Texas 710 Buffalo St.,Suite#802 Corpus Christi TX Ashley Lucio CITIZENS ADVISORY HEALTH BOARD District 1 Victor M.Mendoza CITIZENS ADVISORY HEALTH BOARD District 2 Self-Employed 5849 Crestwood Dr. Corpus Christi TX 361-290-4869 BIOGRAPHICAL INFORMATION FORM FORA CITYBOARD, Submit Date: 5lePt 14, 2016 COMMISSION OR COMMf1TEE FOR THE Status:submitted City Of Corpus Christi Profile Dr. Patrick A__ Ayarzagoitia Pmix Firs Name Middle Las time suffix Initial [mailAddresa Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address Su to orApt C'tr Stir Poral Code District 5 What drsrict do you live in? Please CLICK HERE for a map to verify your district assignment. qmmmm� Primary Phone Alternate Ph one Texas A&M University Corpus Christi Assistant Professor Employer Jab 7!Ile 6300 Ocean Dr., Unit 5805 Workaddress•Street Address and Suite Number Corpus Christi %vo,kAddreas-City Texas WatkAddres-State 78412 WakAddress-Zip Code 361-825-4234 Work Phone patrick.ayar goitia@tamucc.edu Work Email address Home/PrimaryAddress Preferred Mailing Addie§ Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) highlights from my CV:former President of the Coastal Bend Advance Practice Nurses family nurse practitioner(FNP)since 2011,currently employed part-time for EmCare,staffing emergency rooms in the Christus Spohn Hospital system;currently employed full-time by Texas A&M University Corpus Christi as Assistant Professor in the College of Nursing and Health Sciences 2013 Doctor of Nursing Practice(DNP), University of the Incarnate Word, SanAntonio 2011 Masters of Science,Texas A&M University,Corpus Christi Registered Voter? 0 Yes p No Current resident of the city? ® Yes p No over 10 years__ 11 yes how many yeaW Ay=goiV51 Curriculum Vitae 2QI5_Revdoc Upload o Resime Plesso upload any addruortal mpparur►g documents Demographics Completion of this rnformaton is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnic ly Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-6I, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® I Agree Consent for Release of information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath I swear that all of the statements included in my application are true and correct. 9 [Agree Board-specific questions (if applicable) CURRICULUM VITAE Patrick Albert Ayarzagoitia Education: 12care< DA= MSI: Institution and Lacation DNP 2013 Family University of the incarnate Word, San Practice Antonio, TX MSN 2011 Family Texas A&M University, Corpus Christi,TX Nurse Practitioner AD 2005 Nursing San Antonio College, San Antonio, TX Capstone Project Prediabetes Screening Project:A preventative health measure in the Emergency Department Professional Certification/Licensure RNIFNP-BC, Family Nurse Practitioner, Texas 2011 Employment Academic Employment Dates Lk Institution or Business 912015- Assistant Professor Texas A&M Corpus Christi, Corpus present Christi, TX 112013- Adjunct Clinical Faculty Texas A&M Corpus Christi, Corpus 912015 Christi, TX Clinical Employment Dates Rank or Title Institution-or Bu5iness 1012014- FNP-BC EmCare—staffing at various Christus Spohn present Emergency Departments Patrick A.Ayarzagoitia 812014- FNP-BC WellMed Memorial, Corpus Christi, TX 912015 712012- FNP-BC Dr. Francisco Cuya, Corpus Christi, TX 812014 Other Scholarly Teaching, Mentoring and Curricular Achievements Presenter/Instructor-Basic Suture Class for FNP students, Corpus Christi, TX 212015 Non-Refereed Publications or Other Creative Achievements- Ayarzagoida, P.A. (2015, February 17). Helping ease primary care shortage. Corpus Christi Caller Times. Retrieved at www.callertimes.com Ayarzagoitia, P.A. (2014, December 31). Another health care hero. Corpus Christi Caller Times. Retrieved at www.callerdmes.com. Ayarzagoitia, P.A. (2006).White Uniforms: Making a comeback or all washed up? Nursing 2006. 36(2), 43. PROFESSIONAL SERVICE Service Activities for the Component, College, University College Activities Dates of Service FNP Student Orientation Participant 812015 FNP Student Skills Seminar 912015 White Coat Ceremony Participant 912015 Service to the Profession President Coastal Bend Advanced Practice Nurses Group 312015-present 2 Patrick A.Ayarzagoitia Service to the Community A Volunteer, Catholic Charities, Corpus Christi, TX 1991-present OTHER Significant Professional Development Activities NPACE Primary Care Conference, Boston MA Attendee 1.112014 Action Stat Wound Closure(Suturing)Academy Attendee 412015 3 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 01, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Aislynn _ E. Campbell Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address Suite or Apt Wft LOW City State Postal Code District 1 What district do you live in? lmmmwm� Primary Phone Alternate Phone GROW Local South Texas Executive Director Employer Job Title 710 Buffalo St. Suite #802 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code Aislynn E. Campbell Page 1 of 4 Work Phone info@a growlocalstx.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any City boards or commissions. Education, Professional and/or Community Activity (Present) My attached resume lists my education, professional and community activity, but know that my primary efforts over the last 5 years have been the creation of The Corpus Christi Downtown Farmers' Market which led to the creation of GROW Local South Texas. GROW Local South Texas' goal, in a nutshell, is to grow the number of local food growers in order to meet the growing demand of local food. While you see these concepts in popular practice in most metropolitan cities, they are all new concepts for The Coastal Bend. Because every program that we have created to educate our citizens on why local, healthy, non-processed, clean food is vital is brand new, the majority of my community activity has been wrapped up in these goals and the programs created to reach them. Registered Voter? (-. Yes rNo Current resident of the city? Yes No ago; Prior to that my residence was in Portland/Taft. If yes,how many years? Commission Resume.docx Upload a Resume Please upload any additional supporting documents Aislynn E. Campbell Page 2 of 4 Demographics Caucasian/Non-Hispanic Ethnicity Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. P I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Aislynn E. Campbell Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Aislynn E. Campbell Page 4 of 4 Aislynn E. Campbell MaMMEN Work Experience GROW Local South Texas March 2013-Present Founder and Executive Director • Created GROW Local South Texas,The Coastal Bend's leading voice for our local food system • Manage 50 regular volunteers,9 board members,4 staff and 400+members • Established the 501 (c)3 nonprofit entity,approved in December,2014 • Creator or co-creator of all programs: Downtown Farmers Market,The Learning Garden,Farm to Table Fundraiser,Grant writing initiatives,website,membership,outreach and educational initiatives. • Working to advocate for and support local food producers including the creation of supportive ordinances that support healthy community and quality of life • Developing program vision including Garden Apprentices and local sourced restaurants. • www.growlocalstx.com Corpus Christi Downtown Farmers'Market March 2012-March 2013 Founder and Manager • Created the Downtown Farmers'Market which provides fresh,locally-grown produce to the downtown community on a weekly basis. • Established the legal entity,an Executive Board,bylaws,vendors'rules and meeting all state certification requirements. • www.ccdowntownfm.com Freedom Harvest Farms,Taft,TX February 2008-July 2012 Farm Manager • Family-owned,homestead farm designed to teach the larger community the importance of organic,locally- grown food and how to grow produce on their own land. Driscoll Children's Hospital,Corpus Christi,TX July 2006-March 2008 Public Relations Coordinator • Coordinated all media relations for Driscoll Children's Health System covering a 33 county service area including:the hospital,five specialty clinics,an urgent care center,two physicians groups,and the system's health plan 0 Responsible for all press releases,press events,and cultivation of press relationships with print,TV, radio and internet for entire hospital system. 0 Was successful in securing more than 43 National,22 State,201 Primary markets,35 Secondary markets,20 front page hits;in TV,Print and Website media. Conducted over 200 live TV and Radio interviews. • Coordinated all hospital involvement in community events,health fairs and public appearances. • First responder to media and public information requests. • Development of communication strategies with press,customers and public. • Oversaw and maintained public information representing the hospital including community relations,media relations and communication strategies. • Directed the coordination of internal communications. Page 2 Professional Highlights Farmers'Market University Featured Speaker May 2016 • Invited to speak at state conference presented by Hunger Free Texans and The Texas Department of Agriculture's Go Texan Program;Subject:Farmers'Market Growth Farm Credit Fresh Perspectives Top 100 Honoree March 2016 • Selected as one of the top 100 leaders and visionaries from across the country creating the future of agriculture and rural America through dedication and innovation in the area of rural to urban development. • http://www.farmeredit100.com/fresh-perspectives/honorees Corpus Christi 40 Under 40 Honoree December 2015 • Corpus Christi Under 40 exists to honor the men and women dedicated to making a difference in Corpus Christi. Outstanding Islander Honoree October 2015 • Recognizing `outstanding'alumni of Texas A&M-Corpus Christi • http://www.tamuce.edu/profiles/octl5/profile campbell.phn TEDx,Corpus Christi,TX June 2012 Presenter • Selected to give a TEDx Talk on the healthy food movement in Corpus Christi • Speech title:The Food Revolution Begins in Your Home(town) Education Texas A&M University-Corpus Christi,Corpus Christi,TX Bachelor of Arts-Communication Studies,Minor Public Relations,Dec 2003 Del Mar College,Corpus Christi,TX Associate of Arts-Liberal Arts,Emphasis in Mass Communications,August 2001 Texas A&M University-Corpus Christi,Corpus Christi,TX Graduate level courses in education,research and fine arts.2009-2010 Volunteer Experience Dia de los Muertos Festival • Annual volunteer Texas Organic Farmers and Gardeners Association,TX • Region 7-Director First United Methodist Church,Corpus Christi,TX • Assistant Shelter Manager and Lead Volunteer Coordinator for Katrina Hurricane Shelter. Junior League,Corpus Christi,TX Page 3 • Assisted Bayfest 3 years,Participated on Cinderella's Closet Committee,and Kids in the Kitchen Committee. All community related activities. London ISD • PTO Silent Auction Chair BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 21, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Ashley _ Lucio Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address Suite or Apt Wft LOW City State Postal Code District 1 What district do you live in? lmmmwm� Primary Phone Alternate Phone Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Work Address-Zip Code Ashley Lucio Page 1 of 4 Work Phone contact@veraguerrilla.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Certified Yoga instructor Registered Voter? r' Yes c No Current resident of the city? r Yes r No 2 If yes,how many years? AshleyLucio ResumePDF.pdf Upload a Resume Please upload any additional supporting documents Demographics Ashley Lucio Page 2 of 4 Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Ashley Lucio Page 3 of 4 Board-specific questions (if applicable) Ashley Lucio Page 4 of 4 4M Ashley Nicole Lucio Experience 2012-2015 Donna ISD Donna,TX 51h Grade Bilingual Social Studies and Writing Teacher * Classroom management,keeping students thoroughly engaged bell-to-bell * Attend faculty meetings,host family and community events * Founded Singleterry Gardening Club and Singleterry Redfeathers Dance Team * Taught Saturday School * Inspire and invest in student goals * Create and execute lesson plans,grade papers,assist other teachers with lessons * Constant communication with parents to discuss student progress and needs * Preparing students to be college-ready and future leaders of the Rio Grande Valley 2011-2012 Idea Academy Alamo,TX 61h Grade Social Studies Teacher * Classroom management,keeping students thoroughly engaged bell-to-bell * Attend faculty meetings,host family and community events * Inspire and invest in student goals * Create and execute lesson plans,grade papers,assist other teachers with lessons * Constant communication with parents to discuss student progress and needs * Preparing students to be college-ready and future leaders of the Rio Grande Valley 2010-2011 Weslaco ISD Weslaco,TX Special Education Instructional Aide • Assist students in basic life skills(brushing their teeth,changing diapers,eating,lavatory, etc) • Assist students in getting to and from elective classes (P.E.and Art) - Also assist students in all aspects of activities (coloring,P.E.activities,singing) • Help students express themselves 2009 McAllen ISD McAllen,TX After School Migrant Tutor and Summer School Migrant Tutor • Worked with migrant students from elementary to high school • Assisted students in small groups or one-on-one to complete assignments in English and Spanish • Assisted ELL students in acquiring reading and mathematics skills • Assisted in Parent Involvement Meetings • Assisted and encouraged students in completing A+ Credit Recovery Program • Rode bus daily to ensure student attendance • Telephone calls to discuss student progress and attendance with parents 2004-2010 Weslaco ISD Weslaco,TX College Tutor,Substitute Teacher • Take over classroom responsibilities including teaching,walking children to and from activities and pick up/drop off area,classroom emergencies • Assist teacher in helping children learn all subjects • Assist faculty with school programs • Office duties including copies,laminating,filing,scanning,and typing Education 2011 A Career in Teaching McAllen,TX * Educator Certification 2004-2010 University Of Texas Pan American Edinburg,TX * English Major/Anthropology Minor 2000-2004 So.TX H S for Health Professions Mercedes,TX Certification * Bilingual Generalist 4-8th Grade Skills Strong,effective writing and editing skills • Knowledgeable in all office machines • Able to coordinate events and effectively execute them • Ability to effectively relate to others of diverse cultural backgrounds and tailor techniques to suit their individual needs • Bilingual,also knowledgeable in American Sign Language • Proficient in Microsoft Office,Internet Explorer and Type at 75wpm • Proficient in Windows and Mac operating systems • Creative,highly motivated and able to work in fast paced environment • Ability to interpret a variety of instructions furnished in written,oral,diagram,or schedule form References Available upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jun 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Victor M. Mendoza Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, ETHICS COMMISSION, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 2 What district do you live in? lmmmmw� Primary Phone Alternate Phone self employed computer service Employer Job Title 5849 crestwood dr Work Address-Street Address and Suite Number corpus christi Work Address-City texas Work Address-State Victor M. Mendoza Page 1 of 4 78415 Work Address-Zip Code 3612904869 Work Phone veteranafmp@gmai1.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) I currently go to Del mar college for computer science i volunteer beach clean up every weekend on my own Registered Voter? rr Yes No Current resident of the city? Yes r No 27 If yes,how many years? resume.txt Upload a Resume Please upload any additional supporting documents Demographics Victor M. Mendoza Page 2 of 4 Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Victor M. Mendoza Page 3 of 4 Board-specific questions (if applicable) Victor M. Mendoza Page 4 of 4 victor m mendoza RAval1 ity:Jo Type:EPermanent, Temporary, Term, Detail, Internships Work Schedule: Full-Time, Part-Time, Shift Work, Intermittent, Job Sharing Desired locations:United States - TX - Corpus ChristiUnited States - TX - AustinUnited States - TX - Austin CountyUnited States - HI United States - GU United States - WY United States - VI United States - NY United States - IN United States - FL United States - CA United States - AZ Work Experience: Naval Facilities Engineering Command Ocean Dr, Corpus Christi, TX 78418 Corpus Christi, TX 78418 United States 10/2014 - Present Salary: 21.73 USD Per Hour Hours per week: 40 Series: 4749 Pay Plan: WG Grade: wg-7 MAINTENANCE WORKER (This is a federal job) Duties, Accomplishments and Related Skills: Performing necessary preparatory work prior to floor finishing by stripping old finish, cleaning, scraping, filling holes, and sanding. Mixing stains, sealers, and/or wood filler materials according to guidance from higher graded Painter or strict adherence to manufacturer's instructions. Using common tools and equipment associated with painting (paintbrushes, rollers, scrapers, spray guns, wire brushes, putty knives, and sandpaper) . Preparing surfaces for painting by sanding, scraping, shipping, or wire brushing to gain adhesion.Plumbing. Knowledge of the installation and operation of various supply, disposal, and utility systems and equipment, such as water and gas systems fire sprinkler equipment, and water closets. Carpentry. Knowledge of wood and wood substitute materials and construction techniques; skill in construction techniques and operation of general and precision carpentry and woodworking equipment to produce the requested finished product. Ability to interpret complex instructions, sketches, blueprints, and building codes. Electrical. Ability to install and operate electrical fixtures, wiring, and controls and read and follow wiring diagrams. Skill in removing and replacing electrical fixtures and controls; making repairs; rearranging old or installing new outlets, relays, switches, and light fixtures; testing circuits; measuring, cutting, and bending wire and conduit to specified lengths and angles. Knowledge of mechanical theory and pneumatic and hydraulic principles to repair electro- mechanical devices. Painting. Skill in accepted surface preparation and coating methods and techniques; matching, tinting, toning, blending and applying coating materials and agents. Ability to read and apply directions to mix, use and apply various materials, solvents, and precoating agents. Plastering. Knowledge and skill in a variety of plastering methods and techniques, including construction and application of molded plaster cornices, plaster panels, and trim. Pipefitting. Knowledge and ability to install and operate various high-pressure piping systems and equipment. Air Conditioning. Knowledge of the principles and theories of the refrigeration cycle, temperature measurement, refrigerant properties. Skill in constructing, operating, and servicing a variety of domestic air conditioning units and systems, power sources, and cooling units. Heating. Knowledge of combustion, heat transfer and circulation principles; fuel characteristics; heating surfaces, combustion chambers; basic pipefitting techniques and rigging setups; pneumatics, electricity, and basic electronics. Familiarity with the construction and operation of heating systems. Skill in determining condition of system parts and components; installing, aligning, adjusting, and repairing oil, gas, and coal burners, heating boiler components, and other burning mechanisms; performing routine maintenance. Supervisor: anthony Okay to contact this Supervisor: Yes corpus christi army depot rotar head shop corpus christi, TX United States 06/2011 - 01/2012 Hours per week: 40 Series: 0001 Pay Plan: WG aircraft overhaul trades helper (This is a federal job) Duties, Accomplishments and Related Skills: Work involves over thirty-five different configurations of rotor control components and over ten different configurations of rotor heads for Air Force, Navy and Army. Assembles complete helicopter rotor heads or rotor controls and related components. Performs final assembly of the entire end item, assembles subassemblies and components, or performs designated assembly by station on an assembly line. Incorporates authorized modifications and completes adjustments and alignments to assure compliance with prescribed specifications for balance, fits, torque, pressure and/or stretch. Checks parts and items to be used prior to assembly to determine proper identify and assure serviceability. Reviews and researches historical record on finite life items and scraps those with high time. Prepares request for technical engineering call (TEC) for engineering deviation when appropriate. Certifies completion of work requirements on work documents, records any required measurement data, and completes required entries on historical documents. Troubleshoots and repairs malfunctioning items on the assembly line or flight line. Disassembles items designated for minor repair. Determines repair needed. Performs minor rework on parts or replaces parts required to restore item to serviceability. If extensive damage is discovered after disassembly takes appropriate action to assure proper authorization before additional work is accomplished.Requires a through knowledge of helicopter rotor heads or rotor controls and related components. Must be able to perform skilled assembly and alignments to achieve critical tolerances, measurements, and balance. Ability to use measuring instruments such as micrometers, calipers, dial indicator, gauges, and torque wrenches. Requires ability to use reference material to obtain information to complete assembly and repair processes properly and to assure compliance with specifications. Must be able to diagnose problems on components installed on the aircraft and in completing assembly. Ability to select and use proper hand and power tools, equipment, special tools and machinery,Receives work assignments from supervisor or work leader in the form of work orders, quality inspection reports, and verbal instructions. Employee determines proper work sequence, selects tool, equipment and parts, and completes required assembly, alignment, balance and/or repair to produce a serviceable end item. Technical information is available in technical orders and manual manufacturer specification, factory-engineering bulletins, and shop travelers. Verifies work of and provides guidance to lower grade mechanics and military. Assists quality inspectors, engineers, etc. in special investigations, studies, and audits. The supervisor or work leader is available for assistance with unusual problems. Completed work is subject to quality inspection and spot check by supervisor to assure compliance with Supervisor: cavan cardeaz Okay to contact this Supervisor: Yes Corpus Christi Army Depot {ccad} Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 06/2008 - 06/2009 Salary: 19.00 USD Per Hour Hours per week: 40 Series: 0249 Pay Plan: WG Grade: wg-5 Metal Spray Helper (This is a federal job) Duties, Accomplishments and Related Skills: Duties: Prepares parts for metal spraying or grinding. Visually examines items to be coated, assuring items are generally free from oil, dirt, oxides, corrosion, dust or any foreign substance. Treat metal area exposed during reworking. Assembles parts and components into sub-assemblies incorporating required modifications. Masks surfaces which should be protected from metal spray. I was responsible for determining if the item can be reworked and complete routing document for work needed by other shops. Operates degrease and air blasting equipment to clean and free surfaces of paint, scale, grease, rust, dirt and carbon deposits. Cleans parts in degreaser vats and blasts parts with specified grit. Assists higher graded personnel in applying metal spray process to those items to be sprayed. Maintains cleaning equipment used in cleaning parts. Cleans and recharges machine with specified cleaning compounds; fills spray equipment with pre-mixed materials. Performs other duties as assigned. Completes minor rework of compressor to restore serviceability such as buffing polishing or grinding surfaces to smooth out pits and scratches , bead blasting , shot peening also using proper fixtures for safety measures. loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,once taught the proper method by Robert Casarez the supervisor in the paint shop i needed little to no supervision. quick learner, I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: richard garcia Okay to contact this Supervisor: Yes ccad Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 01/2008 - 01/2009 Salary: 19.00 USD Per Hour Hours per week: 30 Painter Helper Duties, Accomplishments and Related Skills: loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,supervised by Robert Casarez in the paint shop i needed little to no supervision. quick learner, I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: robert casarez Okay to contact this Supervisor: Yes A&B Home improvment and discount cabinets Corpus Christi, TX United States 03/2007 - 03/2008 Salary: 8.00 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: Place, consolidate, and protect case-in-place concrete or masonry structures. Position, join, align, and seal structural components, such as concrete wall sections and pipes. Shovel cement and other materials into portable cement mixers; and mix, pour, and spread concrete. Signal equipment operators to facilitate alignment, movement, and adjustment of machinery, equipment, and materials. Smooth and finish freshly poured cement or concrete, using floats, trowels, screeds, or powered cement finishing tools. Spray materials such as water, sand, steam, vinyl, paint, or stucco through hoses to clean, coat, or seal surfaces. Tend machines that pump concrete, grout, cement, sand, plaster or stucco through spray-guns for application to ceilings and walls. Tend pumps, compressors, and generators to provide power for tools, machinery, and equipment, or to heat and move materials such as asphalt. Lubricate, clean, and repair machinery, equipment, and tools. Operate, read, and maintain air monitoring and other sampling devices in confined and/or hazardous environments. Apply caulking compounds by hand or using caulking guns. Build and position forms for pouring concrete, and dismantle forms after use, using saws, hammers, nails, or bolts. Clean and prepare construction sites to eliminate possible hazards. Control traffic passing near, in, and around work zones. Dig ditches or trenches, backfill excavations, and compact and level earth to grade specifications, using picks, shovels, pneumatic tampers, and rakes. Erect and disassemble scaffolding, shoring, braces, traffic barricades, ramps, and other temporary structures. Grind, scrape, sand, or polish surfaces such as concrete, marble, terrazzo, or wood flooring, using abrasive tools or machines. Install sewer, water, and storm drain pipes, using pipe-laying machinery and laser guidance equipment. Load, unload, and identify building materials, machinery, and tools, and distribute them to the appropriate locations, according to project plans and specifications. Measure, mark, and record openings and distances to lay out areas where construction work will be performed. Mix ingredients to create compounds for covering or cleaning surfaces. Provide assistance to craft workers, such as carpenters, plasterers, and electricians Raze buildings and salvage useful materials. Read and interpret plans, instructions, and specifications to determine work activities. Use computers and other input devices to control robotic pipe cutters and cleaners. Identify, pack, and transport hazardous and/or radioactive materials. Supervisor: Juan villarreal Okay to contact this Supervisor: Yes United States Airforce global, TX United States 02/2004 - 05/2006 Salary: 1,500.00 USD Bi-weekly Hours per week: 40 Military Police Duties, Accomplishments and Related Skills: Leads, manages, supervises, and performs force protection duties, including use of deadly force to protect personnel and resources. Protects nuclear and conventional weapons systems and other resources. Performs air base defense functions contributing to the force protection mission. Controls and secures terrain inside and outside military installations. Defends personnel, equipment, and resources from hostile forces. Operates in various field environments, performs individual, and team patrol movements, both mounted and dismounted, tactical drills, battle procedures, convoys, military operations other than war, antiterrorism duties, and other special duties. Operates communications equipment, vehicles, intrusion detection equipment, crew-served weapons, and other special purpose equipment. Applies self-aid buddy care, life saving procedures, including cardiopulmonary resuscitation, as first responder to accident and disaster scenes. Provides armed response and controls entry. Detects and reports presence of unauthorized personnel and activities. Implements security reporting and alerting system. Enforces standards of conduct, discipline, and adherence to laws and directives. Directs vehicle and pedestrian traffic. Investigates motor vehicle accidents, minor crimes, and incidents. Operates speed measuring, drug and alcohol, and breath test devices. Apprehends and detains suspects. Searches persons and property. Secures crime and incident scenes. Collects, seizes, and preserves evidence. Conducts interviews of witnesses and suspects. Obtains statements and testifies in official judicial proceedings. Responds to disaster and relief operations. Participates in contingencies. Develops plans, policies, procedures, and detailed instructions to implement SF programs. Plans, organizes, and schedules SF activities. Provides oversight, guidance, and assistance to commanders with the application of information, personnel, and industrial security programs. Operates pass and registration activities. Supervises and trains SF augmentees. Provides on-scene supervision for security forces. Inspects and evaluates effectiveness of SF personnel and activities. Analyzes reports and statistics. Leads, manages, supervises, and implements ground weapons training programs. Operates SF armories. Controls and safeguards arms, ammunition, and equipment. Instructs ground weapons qualification training. Provides guidance on weapons placement to security forces and ground defense force commanders. Inspects ground weapons and replaces unserviceable parts. Analyzes malfunctions by inspection and serviceability testing. Uses precision gauges, testing instruments, and special tools to adjust parts and operating mechanisms. Function-fires weapons for accuracy and serviceability. Controls and operates firing ranges and associated facilities to include supervising construction and rehabilitation. Supervisor: Ssgt ellingson Okay to contact this Supervisor: Yes United Wellhead Service Robstown TX United States 07/2002 - 11/2002 Salary: 6.50 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: My duties included the preparation of well heads for re manufacturing. I disassembled well head parts and a assemblies using various hand tools such as wrenches, screwdrivers, ratchets and sockets, sledge hammer and crow bar. I used steam and pressure washing equipment to clean the disassembled well heads of dirt, grease and grime. I regulated the steam controls to produce the required heat from the heating system. I manually washed lubrication or and cleaned well head parts in tanks of hot/cold cleaning solutions. I also hand cleaned parts with brushes and other hand held tools. I operated a sand blast machine to remove rust and paint. I assisted journeyman in the reassembly of the well heads. Measures, cuts and threads pipes using ruler, hacksaw, pipecutters, and threading machines I have the skills and knowledge to operate industrial washers, utilizing steam pressure, degreaser solution, steam valve and required solvents to remove dirt, grease and/or paint from a variety of aircraft engine parts, assuring nicks, burrs, and rust pits are removed. Determines proper sequence of cleaning processes and time exposure of parts required to avoid possible damage to parts and meet required degree of cleanliness and removes radiator valves and inspects for defects and repacks valves overall acceptability. Also painting, storage or containerization checking items for obvious wear, cracks, nicks, burrs, or other surface defects, using equipment, solvents, brushes, buffers, scouring pads to clean or sand surfaces; replacing plugs, nuts, gaskets I have the ability to spray parts and equipment with cleaning solution, operating control valves on the steam pressure cleaner and on the degreasing machine to control the flow of steam and cleaning solution. I have previous experience in mixing chemicals and cleaners in solutions and charge pressure pots. I have also operated deburring, vibratory and ultrasonic cleaning machines, using specified media to clean the parts. I can manually wash and clean engine parts in tanks of hot or cold cleaning solutions. I also have the skills and knowledge to hand clean parts with brushes and other hand tools. I can apply corrosion preventive compound by dipping parts in tanks or vats. I have also the ability to operate power driven wire or cloth brush cleaner. I can mix various cleaning and degreasing solutions such as caustic soda, carbon removing compounds, paint strippers and other cleaning compounds. I also operate bead blast machines using prescribed techniques and instructions when required. I poses the knowledge of appropriate materials and cleaning agents to utilize in the cleaning process in accordance with types of metals and finish required. I am also knowledgeable of the operation of industrial washers and cleaning equipment. Supervisor: Don Mcatee Okay to contact this Supervisor: Yes Education:Military Police Academy San antonio, TX United States ERROR 06/2004 GPA: 4.0 of a maximum 4.0 Major: Criminal Justice Death Investigation Relevant Coursework, Licenses and Certifications: Weapons training including m16, m4, m9,combat training we are highly trained in ground combat skills, including land navigation, crew served weapons systems, claymore mines, fragmentation hand grenade use, "LAWS" (light anti-tank weapon) deployment, hand and arm signals, squad movements, and many other skills. Preventive Maintenance on equipment of vehicles, assigned weapons, and personnel equipment.Trained in the use of Technical Manuals and Field Manuals. Job Related Training:High School Carroll High School 08/15/1999 - 06/06/2003 Corpus Christi, Texas United States Degree: High School Diploma - Major: N/A; Minor: N/A; Additional Information License - C.D. L class A (10/13/2007) Driver license class A Air Force Basic Training - 02/24/2004 Received basic training in the following areas: Basic First Aid, Time- Management, Team-Building, Map-Reading, Basic Leadership, Weapons Marksmanship, and topics such as Air Force history, dress and appearance, military customs and courtesies, ethics, security, and alcohol/drug abuse prevention and treatment, and field training including protection against biological and chemical attack. Language Skills: Language Spoken Written Read Spanish Advanced Advanced Advanced Additional Information:Military Awards- 02/24/2004- 06/13/2006 Global War on Terrorism Service Medal, Air force Training Ribbon, National Defense Service Medal, Overseas Long Tour Ribbon, Basic Force Protection Occupational Badge. City Of Corpus Christi COMMISSION ON CHILDREN & YOUTH BOARD DETAILS The Commission on Children &Youth supports a SIZE 1 Seats comprehensive system of services and advances policies to meet the needs of Corpus Christi's children, youth and their TERM LENGTH 3 Years families, including gathering information from people and entities to act as a source of information and referral on issues OVERVIEW TERM LIMIT 6 Years concerning children, developing an annual community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services, strengthening communications and encouraging partnerships between public and private entities working with children and youth, and serving as an advocate for local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The commission shall consist of nine(9) members appointed by the City Council. F-4 Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. Members shall be representative of each of the following fields: (1) -Health and Human Services, (1)- Law Enforcement, (1)-Education, (1)-Youth DETAILS and Family Services, (1)-Nueces County District Attorney's Office,and (3)-At- Large members.One(1)member shall be a youth representative from 16 to 21 years of age at time of appointment.Any member who ceases substantial activity in the field or office represented,automatically resigns from the commission. (On 10-10-95,Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Sec.2-217;Ord.021927,4/26/94;Ord.022728, 10-15-96,Ord. 023452,9-29-98, Ord.029813,4-30-13. ......................................................................................................................................................................................................................................................................................... MEETS 3rd Monday at 5:30 p.m.,City Hall, Staff Conference Room. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Parks and Recreation Department ..................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION COMMISSION ON CHILDREN & YOUTH Page 1 of 1 Name Board Name Status District End Date Cate_o Position Abel Alonzo COMMISSION ON CHILDREN & YOUTH Resigned District 5 1 05/01/19 At -Large Exceeded absences Danny Kollaja COMMISSION ON CHILDREN & YOUTH allowed by Ordinance District 2 2 05/01/17 At -Large Chair Member Clarissa Silva COMMISSION ON CHILDREN & YOUTH Resigned District 2 2 05/01/18 Nueces County District Attorneys Office Member Donine Schwartz COMMISSION ON CHILDREN & YOUTH Active District 2 1 05/01/18 At -Large Member Gilbert Z. Trevino COMMISSION ON CHILDREN & YOUTH Active District 1 1 05/01/19 Youth Representative Member David Dow COMMISSION ON CHILDREN &YOUTH Active District 4 1 05/01/17 Law Enforcement Member Joseph N. Miller COMMISSION ON CHILDREN &YOUTH Active District 2 1 05/01/18 Youth & Family Services Member Jonathan I. Gain COMMISSION ON CHILDREN & YOUTH Active District 3 1 05/01/19 Education Member Commission on Children and Youth Members February 21, 2017 Three (3) vacancies with terms to 5/1/17, 5/1/18 and 5/1/19 representing the following categories: 2 - At -Large and 1 - Nueces County District Attorney's Office Representative. (Note: Since the term is ending 5/1/17, Staff is recommending a new three-year term ending 5/1/20.) Melissa Hofstetter COMMISSION ON CHILDREN &YOUTH Active District 3 1 05/01/19 Health & Human Services Vice -Chair Tim Wilson COMMISSION ON CHILDREN & YOUTH Active N/A N/A N/A Police Officer Advisory Commission on Children and Youth Applicants February 21, 2017 Name Boards A..I ins For '®Ern to er WorkAddress L® Work Phone Cate:or Belinda Herrera COMMISSION ON CHILDREN & YOUTH District 5 Port Royal Jo Anne Estrada COMMISSION ON CHILDREN & YOUTH District Housing and Community Services, Inc. 8610 N. New Braunfels Ave. 4500 San Antonio TX 361-903-0465 Michelle A. Putman COMMISSION ON CHILDREN & YOUTH District 5 Nueces County District Attorneys Office 901 Leopard, Room 206 Corpus Christi TX 361-888-0410 At -Large At -Large Nueces County District Attorneys Office Rep. Leah Tiner COMMISSION ON CHILDREN & YOUTH District 2 434 Louisiana Ave Corpus Christi TX 361-947-4331 At -Large BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION Submit Date: Jul 04, 2016 OR COMMITTEE FOR THE Status: submitted Profile Belinda Barrera Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Port Royal Employer Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Alternate Phone front desk Job Title Belinda Barrera Page 1 of 4 Work Phone lovebblucky@yahoo.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) college student major communications Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 39 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Belinda Barrera Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Belinda Barrera Page 3 of 4 Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ]7 Health and Human Services Belinda Barrera Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 13, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Jo Anne Estrada Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Housing and Community Services, Inc. Alternate Phone Regional Services Manager Employer Job Title 8610 N. New Braunfels Ave. #500 Work Address - Street Address and Suite Number San Antonio Work Address - City Texas Work Address - State 78217 Work Address - Zip Code Jo Anne Estrada Page 1 of 4 361-903-0465 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Professional Service Coordinator Certification, Community Outreach Director for the Minority Advancement Project, Board of Directors for the Coastal Bend Community Response Coalition Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 7 years If yes, how many years? JORESUME 2015.docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Jo Anne Estrada Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Jo Anne Estrada Page 3 of 4 Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Youth and Family Services Jo Anne Estrada Page 4 of 4 Jo Anne Estrada Professional Summary A professional career in a social service agency that will utilize my administrative experience, initiative and interpersonal skills. Experience Housing and Community Service, Inc. Regional Services Manager • Supervise Services Managers and oversee programming at 15 properties • facilitates resident oriented activities with the goal of developing cohesive community • Ensure compliance and observe internal QA procedures and evaluate their effectiveness • Serves as official liaison and channel of communications for all matters relating to the community learning center • Assists residents in the development and maintenance of a resident council or similar organization • Provide weekly, monthly and quarterly reports to Director of Resident Services and Board of Directors Women's Shelter of South Texas 03/2014 to Present Criminal Justice Advocate 07/2011 to 3/2014 Assist victims of domestic violence and sexual assault navigate the legal system Evaluate clients' eligibility for immigration benefits and possible bars to immigration. Assist eligible clients with completion of appropriate immigration benefit application and proper filing. Assist immigrants with filling out immigration forms Prepare affidavits for VAWA and U -Visa applications Attend trainings on immigration law and keep updated by reading e-mails and other sources. Accompany clients to court for civil and criminal proceedings Assist clients with filling out applications for protective orders and Crime Victims Compensation Corpus Christi Metro Ministries 05/2010 to 07/2011 Client Services Coordinator Community outreach and education Assist clients with information and referral Assist clients with obtaining/retaining employment Women's Shelter of South Texas Jo Anne Estrada Client Services Manager 01/2008 to 01/2010 Supervise staff for a 24 hour shelter: case managers, resident advocates, legal advocate, receptionist and housekeeper Provide training for staff on family violence issues and advocacy Maintain the shelter facility and coordinate repairs and special projects Facilitating staff meetings, reviewing timesheets and making sure that all documentation and case notes are correct and complete in a timely manner Community outreach and education Develop relationships with community partners, distribute culturally relevant prevention and education materials and deliver bi- lingual Spanish presentations on domestic violence and sexual assault issues. Develop and maintain programs to assist clients in obtaining and retaining employment Evaluate clients' eligibility for immigration benefits and possible bars to immigration. Assist eligible clients with completion of appropriate immigration benefit application and proper filing. Assist immigrants with filling out immigration forms Prepare affidavits for VAWA and U -Visa applications Attend trainings on immigration law and keep updated by reading e-mails and other sources. Accompany clients to court for civil and criminal proceedings Assist clients with filling out applications for protective orders and Crime Victims Compensation 10/2004 to 01/2008 The Bridge Over Troubled Waters Case Manager Assist survivors of domestic violence and sexual assault with long term and short term goal planning Assist clients with legal accompaniments for prosecution in criminal cases, protective orders, child support, custody and divorce. Provided information and referral, safety planning, and needs assessment Assist clients with the VAWA and U -visa application process Evaluate clients' eligibility for immigration benefits and possible bars to immigration. Assist eligible clients with completion of appropriate immigration benefit application and proper filing. Assist immigrants with filling out immigration forms Prepare affidavits for VAWA and U -Visa applications Attend trainings on immigration law and keep updated by reading e-mails and other sources. Accompany clients to court for civil and criminal proceedings Assist clients with filling out applications for protective orders and Crime Victims Compensation On call accompaniments to hospitals and police departments Starting, organizing, and facilitating support groups in the community Liaison for Pasadena, South Houston, Jacinto City and Galena Park police departments Education 2006-2009 School Pursuing a degree in Psychology Deans List Spring Semester 2007, Phi theta Kappa Honors Society Special Skills Fluent in Spanish and English Extensive experience working with immigrants from various cultures and countries, such as: Mexico, El Salvador, Guatemala, Honduras, Columbia, Cuba, China and Canada Jo Anne Estrada Interests I am currently the Community Outreach Director for the Minority Advancement Project (MAP) in Corpus Christi, TX and serve on the Board of Directors for the Coastal Bend Community Response Coalition Region 8 representative for the Legal Advocacy Network (TCFV), Co -Chair for the Legal Advocacy Network, Voces Unidas (TCFV), Planning and Networking Advisory Committee MHMR, Arte Sana, ALAS, Corpus Christi Bay Kiwanas, Promotions Director Hurricane Alley Roller Derby, Board of Directors Creative Connections (Festival of the Arts) References Solomon Ortiz Jr. / Minority Advancement Projec Robert Garza / Texas RioGrande Legal Aid, Inc Patricia Castillo / P.E.A.C.E. Initiative ■ George Vela / Corpus Christi Metro Ministries Ruth Alvarado / The Women's Shelter of South Texas BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 14, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Irene B. Martinez Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH Street Address Suite or Apt City State Postal Code District 3 What district do you live in? Primary Phone Alternate Phone Workforce Solutions of the Coastalbend _ Community Resource Navigator Employer Job Title 5488 S.P.I.D. Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code Irene B. Martinez Page 1 of 4 361-905-0705 Ext. 301 Work Phone irene.martinez@workforcesolutionscb.org Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not Presently Education, Professional and/or Community Activity (Present) Bachelor's Degree from the University of the Incarnate Word Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 50 If yes, how many years? I Martinez Case Management Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Irene B. Martinez Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Irene B. Martinez Page 3 of 4 Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Youth and Family Services Irene B. Martinez Page 4 of 4 Irene B. Martinez OBJECTIVE: To gain a position as a Case Manager that will allow me to utilize my years of experience and strong educational background to an organization that provides support, referrals, communication and assistance to individuals requiring services. PROFESSIONAL EXPERIENCE: Supervisor: • Supervised and managed Community Living Options programs and staff • Participated in hiring personnel and terminating as needed; performed personnel evaluations and reviews • Managed and supervised Community Supportive Employment Program • Responsible for program budgets/monthly &quarterly reports/bank deposits/purchase orders/petty cash/billing • Community outreach to market programs through individual and group presentations • Resolved resident, customer, client, and employer issues and/or concerns • Utilized Microsoft and company specific softwares to data enter, create, and retrieve information; operate fax, copier, ten key adding machine, basic computations and multi -line phone system Case Manager/Employment Specialist: • Provided case management services to individuals enrolled in Section 8 Voucher Programs • Provided case -management services for foster youth to include employment and educational guidance • Assisted clients with cognitive and physical disabilities obtain employment • Offered transitional employment services and case management to youth and young adults exiting the Job Corps programs • Data Entry, Retrival, Provide detailed reports, • Ensured clients receive community and social service referrals such as housing, food, medications, clothing, medical and mental health care • Created job opportunities for clients through intensified job developments, job coaching, mock interviews, and custom resumes • Encourage clients to obtain a high school diploma, and to acquire a college degree or trade school certification • Guide clients with college enrollment: scheduling SAT/ACT tests, completing FASFA, college, and/or ETV applications • Developed employer relationships and collaborated with community stake holders Property Manager: • Oversaw Section 8/Tax Credit apartment community; accepted, reviewed, and processed, housing applications • Collected rent; issued delinquent and eviction notices according to guidelines • Received and processed maintenance requests • Provided case -management, community referrals, educational and employment services to Section 8 families • Enrolled qualifying clients in a home -buyer education course for 151 time homebuyers; managed clients' escrow Disability Program Navigator: • Facilitated disability awareness training to employers, community partners and Workforce staff • Employment Advocate for persons with disabilities EMPLOYMENT: Serco of Texas Community Resource Navigator 12/2016 - Present BCFS Case Manager II/Employment Specialist 06/2015 — 07/2016 Wedge Management Inc. Property Manager 10/2013 — 06/2015 Management Training Corp/Gary Job Corps Career Transition Counselor 05/2012 — 10/2015 Nueces County Behavioral Health Center Program Supervisor V 02/2009 — 05/2012 Coastal Bend Workforce Development Boar Nueces County MHMR Center Corpus Christi Housing Authority Disability Program Navigator IDD Program Supervisor Family Self Sufficiency Specialist 03/2007 — 02/2009 01/2009 — 05/2012 10/2003 — 03/2007 EDUCATION: Del Mar College Mental Health Associate Corpus Christi, TX 05/1999 University of the Incarnate Word Bachelors of Applied Arts & Sciences San Antonio, TX 06/2007 References Available Upon Request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 10, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Michelle A. Putman Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Nueces County District Attorney's Office Employer 901 Leopard, Room 206 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code Assistant District Attorney Job Title Michelle A. Putman Page 1 of 4 361-888-0410 Work Phone michelle.putman@nuecesco.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Assistant District Attorney in Nueces County for 5 1/2 years; assigned to Child Protection Unit for last 2 years - prosecuting crimes against children. Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 23 years If yes, how many years? Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Michelle A. Putman Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Michelle A. Putman Page 3 of 4 Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * i Nueces County District Attorney's Office Michelle A. Putman Page 4 of 4 MICHELLE PUTMAN PROFESSIONAL LICENSE Admitted to the State Bar of Texas- November 2010 EDUCATION Southern Methodist University Dedman School of Law — furls Doctor, cum laude, May 2010 Dallas, TX • GPA: 3.436 (Top 25%) • International Law Review • Dean's List • Phi Delta Phi — legal honors fraternio University of Texas at Austin — Bachelors of Business Administration in Management, May 2007 Austin, TX • GPA: 3.58 • Ruth Martin Endowed Presidential Scholar — fouryear academic scholarship • University of Edinburgh Business Law Program EXPERIENCE Nueces County District Attorney's Office — Assistant District Attorney, July 2011 -Present Corpus Christi, TX • Child Protection Unit Prosecutor — April 2015 -present o Prosecute physical and sexual abuse of children cases and child homicides o Work closely with detectives to staff cases and provide guidance on pending investigations o Prepare intake and present cases to the Grand Jury o Draft and file all necessary motions for the caseload pursuant to CCP 38.37 and 38.072 o Meet with victims and their families; interview child victims and prepare them for court o Participate in weekly Multi -Disciplinary Team meetings to discuss cases with various agencies including law enforcement, CPS, and CAC o Attend conferences and trainings, including 2015 Investigating and Prosecuting Homicides (San Antonio), 2015 Driscoll Children's Hospital Child Abuse Summit (Corpus Christi), 2015 Crimes Against Children Conference (Dallas), 2015 Capital and Non -Capital Training for Prosecution (Plano), 2016 Crimes Against Children (San Antonio); 2016 NCMEC Technology Related Crimes Against Children Conference (Portland) o Attended various conferences and symposiums regarding human trafficking • Reviewing cases for intake, drafting indictments, preparing and presenting cases to the Grand Jury • Representing the State of Texas in all degrees of felony and misdemeanor cases, including analyzing cases; contacting victims and witnesses; legal research; preparing, presenting, and arguing motions; making plea negotiations; and court and jury trials • Misdemeanor intake and JP court prosecutor (July 2011 -March 2012); misdemeanor court prosecutor (March 2012 -May 2012); felony intake (May 2012 July 2012); felony court prosecutor (August 2012 January 2015); felony intake Oanuary 2015 -March 2015) Professional Presentations • 9/13/16 - "Domestic Minor Sex Trafficking — What All Attorneys Should Know" —Coastal Bend Women Lawyer's Association — Corpus Christi, TX • 10/3/16 — Panel Discussion "Local Perspective and Response to Child Victimization" — NCMEC Spotlight on Exploitation: How the Child Welfare System Can Address the Online and Street Exploitation of Youth in Care — Portland, TX • 12/15/16 — Panel Discussion "Local Trends, Challenges, and Successes" — NCMEC Technology Related Crimes Against Children Conference BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 10, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Leah Tiner Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, LANDMARK COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, WATER RESOURCES ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 2 What district do you live in? Primary Phone Alternate Phone Employer Job Title 434 Louisiana Ave Work Address - Street Address and Suite Number Corpus christi Work Address - City TX Work Address - State Leah Tiner Page 1 of 5 78404 Work Address - Zip Code 3619474331 Work Phone Leahrand@cloudtomarketllc.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Associate Degree Psychology Registered Voter? f7 Yes r No Current resident of the city? Yes r No 4 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Leah Tiner Page 2 of 5 Caucasian/Non-Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Leah Tiner Page 3 of 5 Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * TJ None of the above Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * • None of the Above Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * rJ None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? IT Yes r No Leah Tiner Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? r1° Yes c No Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Residential Customer and Home Owner of City's Water System Leah Tiner Page 5 of 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: TO: February 10, 2017 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 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Stacie Talbert-Anaya, Interim Director Parks & Recreation StacieT@cctexas.com (361) 826-3476 Execute Contract for Engineering Design Community Park Development and Improvements - West Guth Park (Bond 2012, Proposition 4) CAPTION: Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Turner Ramirez Architects of Corpus Christi, Texas in the amount of $125,919 for Community Park Development and Improvements - West Guth Park for design, bid and construction phase services. (Bond 2012, Proposition 4). PURPOSE: The purpose of this Agenda Item is to execute an engineering design contract with Turner Ramirez Architects of Corpus Christi, Texas in the amount of $125,919 for Community Park Development and Improvements - West Guth Park for design, bid and construction phase services. (Bond 2012, Proposition 4). BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — City-wide Community Parks Development and Improvements which includes West Guth, Bill Witt/Oso Creek, Hector P Garcia/Salinas, Billish and Parker Parks as well as downtown squares La Retama and Artesian Parks. Bond 2012 Brochure Language: "This project will primarily focus on irrigation upgrades and extensions at West Guth, Bill Witt/Oso Creek, Hector P. Garcia/Salinas, Billish, and Parker Parks as well as downtown squares La Retama and Artesian Parks. Additionally, improvements may include dog parks, skate parks and splash pads, shade structures, landscaping, trails, parking improvements and other items." West Guth Park is a well -used regional park within the Northwest area of the City. The proposed improvements to the Park include irrigation upgrades and extensions, as well as, specialty use amenities such as shade structures, landscaping, trails, parking improvements, park signage, disc golf tee -box improvements, new play scape equipment, restroom repairs, and other items designated for community parks. All items will be in compliance with the 2012 Parks and Recreation Open Space Master Plan. A paving assessment of the park indicates that the roadway and parking surface need repair in many areas. These repairs will be funded through the West Guth Park Bond 2012 budget but will be executed under a separate design and construction contract than the repairs being designed by Turner Ramirez Architects under this contract. The budget for these paving repairs is $198,866 (seen below as the "Balance" in the Financial Impact table). ALTERNATIVES: 1. Execute the contract for engineering design services with Turner Ramirez Architects as proposed. (Recommended) 2. Do not execute the contract for engineering design services with Turner Ramirez Architects as proposed. (Not Recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. Turner Ramirez Architects was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: The contract for engineering design services and selection process comply with the Professional Procurement Act and City Policy. Turner Ramirez Architects was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. Complies with the 2016-2017 CIP. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Prior Project Budget and Expenditures Current Year Future Years TOTALS Line Item Budget $1,750,000 $1,750,000 Encumbered/Expended Amount This item 125,919 125,919 Future Anticipated Expenditures This Project 1,425,215 1,425,215 BALANCE $198,866 $198,866 Fund(s): Parks and Recreation Bond 2012 Comments: The contract for engineering design services will result in the expenditure of an amount not to exceed $125,919. RECOMMENDATION: City Staff recommends approval of the contract for engineering design services with Turner Ramirez Architects. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 PROJECT BUDGET ESTIMATE Community Park Development and Improvements West Guth Park BOND 2012, Proposition 4 FUNDS AVAILABLE: Parks and Recreation Bond 2012, Proposition 4 $1,750,000 TOTAL $1,750,000 FUNDS REQUIRED: Construction Fees (estimated). 1,232,000 Construction (estimated) 1,120,000 Contingency (10%) 112,000 Design and Geotechnical Inspection Fees Design - West Guth Park Preliminary Design (Turner Ramirez) 30,715 156,634 Engineering Design (Turner Ramirez)...THIS ITEM 125,919 Geotechnical Inspection (Rock Engineering) 28,000 Construction Testing and Inspection Fees Construction Materials Testing (Estimate) Construction Inspection (Estimate) 14,000 49,000 Reimbursements: Total Reimbursements Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 25,000 Engineering Services (Project Mgt/Constr Mgt) 45,000 Misc. (Printing, Advertising, etc.) 1,500 184,634 63,000 71,500 TOTAL $1,551,134 * ESTIMATED PROJECT BUDGET BALANCE $198,866 * To be used for repairing roadway and parking surfaces in the West Guth park. Raven Dr {,• rit Project Location \1 Flint Hills Resources ■ Ft 5.71 Mrd z LOCATION MAP NOT TO SCALE P00 A-lela N 51 Project Number: E14016 Community Park Development and Improvements Bond 2012 West Guth Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Community Park Development and Improvements West Guth Park — Bond 2012 Proposition 4 Council Presentation February 14, 2017 Location Map s s C a a West Guth Park Flint Hills Resources • 127 Corpus Chr sti Engineering Project Scope Corpus Chr'sti Engineering IH -37 West Guth Park Leopard St. Planned improvements include: • New shade pavilion and concrete plaza • Improved walking trails • Park signage • Disc -golf tee box improvements • New playscape improvements • Irrigation upgrades, extensions and landscaping improvements 3 a Project Schedule Corpus Chr sti Engineering 2017 2018 Feb Mar Apr May Jun 1 Design Jul Aug Sep Oct Nov Bid / Award Dec Jan Fe b Mar Apr May Jun Jul Aug Sep Oct IIMMInstruction Project Estimate: 365 Calendar Days 12 Months CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES for Engineering Design FOR PROJECT E14016 — Community Park Development and Improvements — West Guth Park 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 Turner Ramirez Architects, 3751 S. Alameda St., Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — 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 EXHIBIT A SCOPE OF SERVICES EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Contract for Professional Services Page 1 of 11 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. Contract for Professional Services Page 2 of 11 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 $125,919. 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; Contract for Professional Services Page 3 of 11 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). �..2Thic service shall be for a period of years bcginning on the Effcctivc Datc. The Agrccmcnt may be renewed for up to one year renewal-optieaas upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 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. Contract for Professional Services Page 4 of 11 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. Contract for Professional Services Page 5 of 11 ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there Contract for Professional Services Page 6 of 11 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. Contract for Professional Services Page 7 of 11 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 Contract for Professional Services Page 8 of 11 contained herein. 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 Ag reement. 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 Contract for Professional Services Page 9 of 11 a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any 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://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/i ndex. 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. Contract for Professional Services Page 10 of 11 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, 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 TURNER RAMIREZ ARCHITECTS J. H. Edmonds, P.E. Date Philip Jet in amirez, AIA, LEE Date Director of Engineering Services Vice President 3151 S. Alameda St. Corpus Christi, TX 78411 (361) 877-9238 Mobile (361) 994-8900, Ext. 102 Office pjr@trarch.com APPROVED AS TO LEGAL FORM City Attorney Date Project Name Community Park Development and Improvements — West Guth Park Project Number E14016 Accounting Unit 3293-141 Account 550950 Activity E14016 01 3293 EXP Account Category 50950 Fund Name: Bond 2012 Contract for Professional Services Page 11 of 11 Shane Torno, PE - Project Manager Department of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 FOR PLAN AND SPECIFICATION PREPARATION TURNER 1 RAMIREZ ARCHITECTS SUBJECT: Community Park Development and Improvements — Amendment #2 (Project No. E14016) Dear Mr. Torno: Please accept this letter as our proposal for Amendment #2 to perform the professional services desired in developing West Guth Park Development and Improvement project. It is understood that the total available project budget is $1,750,000. Construction funds available for park improvements associated with this contract will be approximately $1,120,000 (excludes the required 10% construction contingency required by City policy for construction contract award). Project Description and Task List: West Guth Park is a well -used regional park within in the North West area of the City of Corpus Christi that is slated for improvements as part of the City of 2012 Bond. The proposed bond improvements were to include but were not limited to; irrigation upgrades and extensions as well as specialty use amenities such as shade structures, landscaping, trails, parking improvements and other items designated TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 1 of 6 for community parks in compliance with the 2012 Parks and Recreation Open Space Master Plan. Based on a thorough assessment of the site as stated in the Final ELR, the following improvements for West Guth Park are to be designed as part of this proposed Amendment #2; park signage, disc golf tee -box improvements, improved walking trails, new play scape equipment, new shade pavilion, concrete plaza, restroom repairs, landscaping improvements & irrigation improvements. Scope of Services: 1. Conceptual Pre -design Phase • Completed as part of Original Design Contract. 2. Design Phase • Develop and submit for review a 35% set of plans, (not inclusive of specifications or bid documents) with layout of the plans in the City of Corpus Christi' s preferred format consistent with the City of Corpus Christi Plan Preparation Standards. • Develop and submit an opinion of probable construction cost for the project improvements. TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 2 of 6 • Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. • Develop and submit for review a 60% set of plans, (not inclusive of bid documents) with layout of the plans in the City of Corpus Christi' s preferred format consistent with the City of Corpus Christi Plan Preparation Standards. • Develop and submit an opinion of probable construction cost for the project improvements. • Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. • Complete and submit a 100% complete set of construction drawings, plans, details, contract documents and technical specifications in accordance with the City of Corpus Christi' s preferred standard format. • Provide the marked -up 60% review set so the City may determine that the comments were incorporated into the 100% set. • Provide the final opinion of probable construction cost. • Furnish one (1) full size hardcopy set of plans, one (1) 11" X17" hardcopy set of plans, as well as one (1) CD containing full size PDF and 11" X17" PDF Files to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. • Prepare and submit documents to regulatory agencies having jurisdiction TDI (WPI -8 Documents), etc. for review. Prepare required permits and agreements. Any permit fees shall be paid by the City of Corpus Christi directly. TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 3 of 6 3. Pre -Construction • Attend General Contractor pre -construction conference chaired by City and assist City in defining, clarifying, and responding to General Contractor questions with respect to project design, specifications, materials, and methods. • Prepare addenda, in preferred City format, necessary to inform General Contractors of modifications and clarifications prior to construction. The City' s Engineering Services will distribute any addendum. 4. Construction Phase • Provide record drawings in AutoCAD Version 2016 and PDF from General Contractor -prepared redlined marked -up set of construction documents. • Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor' s price and are not contrary to the interest of the City. • Perform Twelve (12) Site Inspections to confer with City' s Construction Inspector and General Contractor to observe the progress and quality of work, and to determine, in general, whether the work is accordance with project design. • Conduct a "final inspection" with City and General Contractor, and make a recommendation concerning final acceptance. • Review and approve all General Contractor' s shop drawings and/or submittals. • Prepare necessary change orders during the process of the work. City will process all change orders. • Permit Preparation. TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 4 of 6 • Prepare Site Inspection Reports. Schedule: Fees: 3. Design Phase: 60% Submittal Due 10 weeks of NTP 4. Design Phase: Documents Due 100% Bid 10 weeks of NTP 5. Pre -Construction 8 weeks of NTP 6. Construction Phase Until Final Acceptance by City A. Fees for A/E services include: • The necessary conferences and site visits for the preparation and execution of all phases outlined herein. • The production of construction documents in accordance with the City format. B. City of Corpus Christi Shall Supply or Reimburse the Following: • All available base and/or site maps from City Engineering files • Existing city utility layouts (water, wastewater, gas and drainage) • Approval of preliminary conceptual designs and sketches • All printing and reproduction cost [through City approved vendor] TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 5 of 6 C. SUMMARY OF AMMENDMENT #2 A/E FEES 1. Design Phase 60% — Fee Due $43,947.00 2. Design Phase 100% Bid Documents — Fee Due $43,947.00 3. Pre -Construction — Fee Due $7,650.00 4. Construction Phase — Fee Due $30,375.00 TOTAL FEE $125,919.00 Sincerely, Philip John Ramirez, AIA, LEED AP Principal Architect/ President Turner / Ramirez Architects TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71 M aux c0 7' CD a — rt o - h 03 PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/h r) 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. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 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 1 Exhibit C Page 1 of 2 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Exhibit C Page 2of2 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY Cf1 Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: 'rvienW 1 j,., riot•;fGZ AVIAVI- P. O. BOX: STREET ADDRESS: 3/51 5. Aliuvut.L. 61- CITY: 60,7, ts� ZIP: /64/ 1) i FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee *041; Mt; );f:. Jo C.s 1 n"7 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 EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: f: o w,rN.A. i rC,Z (Type or Print) Signature of Certifying Person: Title: Date: iZfzz/zo1G DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: 2016-148913 Date Filed: 12/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. TurnerlRamirez Architects Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14016 Professional Services for Engineering Design for Community Park Development and Improvements - West Guth Park 4 Name of Interested Party City, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ramirez, Philip Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ✓ ✓ ' ........ nem LEE IDQzAa �i / k� Notary Public Or b,r SUM OF TIEXAS Comm. Exp. 11052010 ','� 4►0" WO 190015017 Si' ature o authorized agent of contraa' mess entity AFFIX NOTARY STAMP / SEAL ABOVE .t l� Sworn to and subscribed before me, by the said k• k'¢ C.4 . g.o i re 1 this the 472) day of 20 k.t.0 , to certify which, witness my hand and seal of office. Let. AC. 7a ) r. a ry ZAZZ,fesepr_Rorr} 4 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.277 Exhibit E Page 1 of 1 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 Exhibit F Page 1 of 14 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 Exhibit F Page 2 of 14 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 Exhibit F Page 3 of 14 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 Exhibit F Page 4 of 14 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 Exhibit F Page 5 of 14 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 Exhibit F Page 6 of 14 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 Exhibit F Page 7 of 14 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 Exhibit F Page 8 of 14 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 Exhibit F Page 9 of 14 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 Exhibit F Page 10 of 14 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 Exhibit F Page 11 of 14 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 Exhibit F Page 12 of 14 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 Exhibit F Page 13 of 14 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 Exhibit F Page 14 of 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: 2016-148913 Date Filed: 12/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. TurnerlRamirez Architects Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14016 Professional Services for Engineering Design for Community Park Development and Improvements - West Guth Park 4 Name of Interested Party City, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ramirez, Philip Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ✓ ✓ ' ........ nem LEE IDQzAa �i / k� Notary Public Or b,r SUM OF TIEXAS Comm. Exp. 11052010 ','� 4►0" WO 190015017 Si' ature o authorized agent of contraa' mess entity AFFIX NOTARY STAMP / SEAL ABOVE .t l� Sworn to and subscribed before me, by the said k• k'¢ C.4 ., g.o i re 1 this the 472) day of 20 k.t.0 , to certify which, witness my hand and seal of office. Let. AC. 7a ) r. a ry ZAZZ,fesepr_Rorr} 4 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: January 27, 2017 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: Jeff. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Construction and Testing Contract Gollihar Road Improvements Staples Street to Weber Road Bond 2014 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $10,601,341.44 for Gollihar Road from Staples Street to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of $90,801 for Gollihar Road from Staples Street to Weber Road. (Bond 2014, Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and for a construction materials agreements for Gollihar Road from Staples to Weber Project. BACKGROUND AND FINDINGS: Gollihar (Weber to Staples) is the third phase of Gollihar Road included in the Bond 2014 Prop 1. Phase 1 & 2 were combined into one project; the construction contract was awarded by City Council on January 31, 2017. Bond 2014 Brochure description: "Gollihar Road from Staples Street to Weber Road — This project includes full -depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with the A-1 Arterial designation in the Urban Transportation Plan. Other improvements include traffic signal improvements at the Gollihar/Weber intersection, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. During detailed design, consideration will be given to widen the sidewalks to create multiuse pedestrian/bike paths for safe bike routes and also to addition of bike lanes. During detailed design consideration will also be given to implementation of the road diet concept and reducing the five lane road to a three lane road." Clarification: The design contracts for the Bond 2014 Proposition 1 projects were executed in early 2014 and required the designers to provide a life cycle cost analysis and pavement recommendation with their preliminary design reports. The design engineer for the Gollihar project determined that HMAC was the most cost effective pavement material. This project was, therefore, designed and bid with an HMAC pavement section. The redesign for both a Portland Cement Concrete (PCC) and HMAC pavement section would delay the project by several months and require a contract amendment with the design engineer for the additional design work. On January 18, 2017, the City received proposals from three (3) bidders and the bids are as follows: Contractor Base Bid Bay, Ltd. Corpus Christi, Texas $10,601,341.44 Clark Pipeline Services Corpus Christi, Texas $11,667,304.96 Haas -Anderson Construction Corpus Christi, Texas $12,684,374.30 Engineer's Opinion of Probable Cost $9,728,344.68 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Naismith, Inc. is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $1,320,400.00 $12,326,925.00 $13,647,325.00 Encumbered / Expended Amount 1,320,400.00 0.00 1,320,400.00 This item 10,692,142.44 $10,692,142.44 Future Anticipated Expenditures This Project 1,546,139.56 1,546,139.56 BALANCE $0 $88,643.00 $88,643.00 Fund(s): Comments: N/A RECOMMENDATION: City staff and Naismith recommend the construction contract be awarded to Bay, Ltd. in the amount of $10,601,341.44 for the total base bid and a construction materials testing agreements with Rock Engineering for $90,801.00 for Gollihar Road from Staples Street to Weber Road. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Agreement Form 1295 -Bay Form 1295 -Rock Informal Staff Report dated 2-2-2017 PROJECT BUDGET ESTIMATE Gollihar Road (Staples to Weber) Bond 2014, Proposition 1 PROJECT FUNDS AVAILABLE: Gollihar Road from Staples to Weber - Bond 2014, Prop 1 7,499,500 Utilities 6,147,825 Water 2,034,090 Wastewater 408,034 Storm Water 3,627,023 Gas 78,679 TOTAL FUNDS AVAILABLE 13,647,325 FUNDS REQUIRED: Construction: Construction (estimate) THIS ITEM 10,601,341 Street 5,308,698 Utilities 5,292,644 Water 1,700,450 Storm Water 3,227,119 Wastewater 317,275 Gas 47,800 Contingency (10%) 1,060,134 Construction Inspection and Testing. 256,593 Construction Inspection (Estimate) 165,792 Construction Materials Testing (Rock) Staples to Weber 90,801 Design: (Naismith) Original Contract and one amendment 1,236,595 Engineer (Naismith) Original Contact 1,192,395 Street 544,998 Utilities 647,397 Water 148,723 Storm Water 385,730 Wastewater 82,065 Gas 30,879 Amendment No. 1 44,200 Street 22,100 Utilities 22,100 Water 5,304 Storm Water 11,050 Wastewater 5,746 SUE Services (Cobb Fendley) Original Contact 6,019 Reimbursements: Total Reimbursements 398,000 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 150,000 Engineering Services (Project Mgt/Constr Mgt) 246,000 Misc. (Printing, Advertising, etc.) 2,000 TOTAL 13,558,683 ESTIMATED PROJECT BUDGET BALANCE 88,643 i Texas State AquanumQ Corpus Christi /2 • PROJECT LOCATION LOCATION MAP NOT TO SCALE Ward JsVand Project Number: E13087 Gollihar Road Weber Rd to Staples St Bond 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Gollihar Road Staples Street to Weber Road BOND 2014, Proposition 1 Corpus Chr sti Engineering Council Presentation February 14, 2017 Project Location �hrsti Engineering Project Vicinity �hrsti Engineering Gollihar Road Cross Sections �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 12" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT GEOGR ID CYCLE TRACK CYCLE TRACK SIDEWALK TRAVEL LANES TRAVEL LANES SIDEWALK 4 Project Scope J1 Corpus Chr sti Engineering This is the third and final section of Gollihar Road in Bond 2014, Proposition 1 for full depth reconstruction of Gollihar Road, from Weber to Staples, including: • New Hot -Mix Asphalt Concrete (HMAC) 5 lane roadway (4 travel lanes and a continuous center turn lane) with bus stops • New curb and gutter, sidewalks, cycle tracks and ADA ramps • Traffic signal upgrade at the Gollihar/Weber intersection • Underground utility improvements include storm water, wastewater, water and gas (by City) * The new roadway matches the Phase 1 & 2 configuration, with narrowed lanes and cycle tracks outside the curbs. Project Schedule �hrsti Engineering 2016 2017 2018 2019 N D J BidlAward F M A M J J A s 0 N D J F M A M J J A s 0 N D J Construction Construction Estimate: 720 days AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operating Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Gollihar Road from Staples Street to Weber Road BOND 2014 (Project No. E13087) ("PROJEcr). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $90,801; Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING ORATORY, INC. +: )\ 01-23-17 J.H. Edmonds, P.E. Date A. Rock Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office KIENGINEERING DATAEXCHANGEIANGIEMISTREET\E13087 GOLLIHAR FROM STAPLES TO WEBER BOND 20141ROCK CMT115 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E13087 Accounting Unit: 3551-051 Account: 550920 Activity: E13087013551EXP Account Category: 50920 Fund Name: Street CIP BOND 2014 Encumbrance No. KIENGINEERING DATAEXCHANGEWNGIEMISTREETIE13087 GOLLIHAR FROM STAPLES TO WEBER BOND 20141ROCK CMT15 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Tuesday, January 17, 2017 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E13087 Gallihar Rd Weber Rd to Staples St Bond 2014 Corpus Christi, TX RETL Proposal Number: P011717A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETE) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETE as of the date of this proposal. The estimated testing for this project Is $90,801.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not In violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accomodate all testing requests as they are received and can make occomodations with advanced notice to schedules. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques. number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtional $33.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LA6ORATORY, 1NC 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: (36118834555 • FAX. (361) 8814711 • www,ro[Xlesting.cam Tuesday, January 17, 2017 Page 1 of 7 EXHIBIT "A" Pagel of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 01. LABORATORY PERSONNEL AdmIn Fee LS -Lump Sum P119 ADMIN35TRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 11s $79.00 $79.00 01. LABORATORY SUBTOTAL $79.00 Tuesday, January 17, 2017 Page 2 of 7 EXHIBIT "A" Page 2 of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT SOUS - SACKFUL Densities Trench Backfill LF -1 per 200 LF of each Zane/lift 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE Trench Backfill EA -1 each material type 1 1 215 215 ea $47.00 510,105.00 43 43 trip 548.00 52,064.00 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea 560.00 560.00 S310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM D4318 1 1 1 ea $63.00 563.00 5510 PROCTOR -STANDARD ASTM 0698 1 1 1 ea 5226.00 $226.00 V486 VEHICLE 1 1 1 trip $48.00 548.00 SOILS - SUBGRADE Densities Behind Curb and Gutter LF-1per 200LF 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE Densities Sidewalk SF -1 per 5000 SF 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938). V486 VEHICLE Densities Subgrade Asphalt Street LF -1 per 100 LF of each lane/lift 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE Densities Subgrade Driveways EA-levery2 5600-1 NUCLEAR FIELD DENSITY MIN 3 )ASTM 06938) V486 VEHICLE Existing Subgrade EA -1 each material type 1 1 1 1 1 1 1 1 50 50 ea 547.00 52,350.00 10 10 trip 548,00 $480.00 20 20 ea $47.00 5940,00 5 5 trip 548.00 5240.00 245 245 ea $47.00 511,515.00 49 49 trip 548.00 52,352.00 11 11 ea $47.00 5517.00 5 5 trip $48.00 $240.00 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea $60.00 $60.00 5310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM 04318 1 1 1 ea 563.00 $63.00 5510 PROCTOR - STANDARDASTM 0698 1 1 lea 5226.00 $226.00 V486 VEHICLE 1 1 1 trip 548.00 548.00 Tuesday, January 17, 2017 Pa : e 3 of 7 EXHIBIT "A" Page 3 of 7 EXHIBIT "A" Page 4 of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02.5011.5 SUBTOTAL $31,597.00 03. FLEXIBLE BASE SOILS - FLEX BASE CY-1per 3000CY LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5190 MATERIALS SAMPUNG CHARGE 1 6 6 ea 560.00 5360.00 5502 ATTERRERGUMITS/PLASTICITYINDEX (withAggregate) ASTM 04318 1 6 6 e 599.00 5594.00 5504 GRADATION (Sieve Analysis) 1 6 6 ea 599.00 5594.00 5522 PROCTOR - MODIFIED ASTM 01557 1 6 6 ea 5266.00 51,596.00 5548 LA ABRASION (ASTM C131) 1 6 6 ea 5338.00 52,028.00 V486 VEHICLE 1 6 6 trip 548.00 $288.00 EA -1 each material type 5546 WET BALI MILL 5606 TRIAXIAL 5610 CAUFORNIA BEARING RATIO (ASTM 01883) Densities of Compacted Base (Asphalt Street) LF -1 per 100 IF of each lane/lift 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V466 VEHICLE Densities of Compacted Base (Curb and Gutter) LF-1per 200LF 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE 1 1 1 ea 5338.00 5338.00 1 1 1 ea 5781.00 5781.00 1 1 1 ea 5515.00 5515.00 1 1 1 1 245 245 ea 547.00 511,515.00 49 49 trip 548.00 52,352.00 50 50 ea 547.00 30 10 trip 548.00 52,350.00 5480.00 03. FLEXIBLE BASE SUBTOTAL $23,791.00 Tuesday, January 17, 2017 Page 4 of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, R.E. 04. HMA ASPHALT Cored In place densities LF -1 per 1000 LF of street A202 ASPHALT CORING/THICKNESS/DENSITY V486 VEHICLE Full Series T • 1 per 500 tans LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 5 5 ea $104.00 5 5 trip 548.00 5520.00 5240.00 A105 ASPHALT FULL SERIES 1 20 20 ea 5667.00 $13,340.00 5191 SAMPLE PREPARATION CHARGE 1 20 20 ea 572.00 51,440.00 V486 VEHICLE 1 20 20 trip 548.00 5960.00 Rolling Pattern HR -per hour 5200 RO W NG PATTERN 1 20 20 hr 574.00 $1,480.00 04. HMA SUBTOTAL $17,980.00 Tuesday, January 17, 2017 Page S of 7 EXHIBIT "A" Page 5 of 7 P011717A E13087 Gallihar Rd Weber Rd to Staples 5t Bond 1014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 05. CONCRETE CONCRETE Curb and Gutter 1®7,36E28 LF -1 set every 500 LF LIFTS/MIN QTYFREQ QTY RATE AMOUNT C301-1 CONCRETE CYLINDERS (Min 4) 4 20 80 ea 547.00 53,760.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 10 10 pour 546.00 5460.00 V486 VEHICLE 1 11 11 trip 548.00 5528.00 Curb Past and Grate Inlets 1e7,38p28 EA - l set every 6 each C301.1 CONCRETE CYLINDERS (Min 4) 4 6 24 ea 547.00 51,128.00 5399 CONCRETE CYLINDERS PICKUP FEE 1 6 6 pour 546.00 5276.00 V486 VEHICLE 1 6 6 trip 548.00 5288.00 Driveways 1@7,3@28 SF -1 set every 2500 SF C301-1 CONCRETECYUNDERS (Min4) 4 5 20 ea 547.00 5940.00 5399 CONCRETE CYUNDERS PICK UP FEE 1 5 5 pour 546.00 5230.00 V486 VEHICLE 1 10 10 trip 548.00 $480.00 Manhole Base Footing 1@7,3 W28 EA -1 set every 10 each 0301.1 CONCRETE CYLINDERS (Min 4) 4 3 12 ea 547.00 5564.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $46.00 5138.00 V486 VEHICLE 1 6 6 trip 548.00 5288.00 Sidewalks and Curb Ramps 1dp7.3@28 SF - l set every4600 SF C301-1 CONCRETE CYLINDERS (Min 4) 4 22 BB ea 547.00 $4,136.00 5399 CONCRETE CYLINDERS PICK LIP FEE 1 11 11 pour 546.00 5506.00 V486 VEHICLE 1 12 12 trip 548.00 $576.00 Storm Manholes 1dp7,34k28 EA - l set every Z each C301-1 CONCRETE CYLINDERS (Min 4) 4 13 S2 ea $47.00 52,444.00 5399 CONCRETE CYLINDERS PICK LIP FEE 1 6 6 pour $46.00 5276.00 V486 VEHICLE 1 7 7 trip $48.00 5336.00 05. CONCRETE SUBTOTAL $17,354.00 Tuesday, January 17, 2017 Page 6 of 7 EXHIBIT "A" Page 6of7 GRAND TOTAL $90,801.00 Special inspection such as REBAR INSPECTION are not included in this proposal. Please contact us for a quote for these items if needed. Tuesday, January 17, 2017 Page 7 of 7 EXHIBIT "A" Page 7 of 7 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Eng ineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Page 1 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Fumish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractors means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 6. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a EXHIBIT "B" Page 2 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must fumish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate EXHIBIT "B" Page 3of6 Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury -Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 4 of 6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at h ttps: //www. eth i cs. state. tx. us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:I/www.cctexas.com/govern menticity-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Projects general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Chins City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Roetta C. Rock, President Certifying Person: Curtis A. Rock Title: Chief Oneratine Officer Signature of Certifying Person: DEFINITIONS Date: January 09, 2016 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. "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. 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: 2017-156792 Date Filed: 01/20/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering 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. E13087 Gollihar Rd Weber to St Construction Materials Engineering 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,•,`;�P"'-o. ANDREA B. CANTU .124 .`r, : Notary Public, State of Texas ': 4( Comm. Expires 05-10-2020-AR. ',., ,o;,`,;os Notary ID 124920504 L._.-L Signature o authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said _,_,U1---k--\5 oClZ , this the a ))r ctday of Z 0 20 1 , to certify which, witness my hand and seal of office. OLIMI6i CO att rea .ear k � ,11 .nrC6. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2017-159292 Date Filed: 01/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Engineering Services 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. E13087 Gollihar Road from Weber Road to Staples Street (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ otiiNiuegriNvo 6 AFFIDAVIT ,,SSI:DA R. /�4,y 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. \NAY r 0 r pG6f'Q9�4: 4r E ica �Z /� a C% _ 1,%•7, ••• Ab.,_ OF .= Signature o thorized agent of contracting Us tress entity �',� C PIK,.y' Oar• AFFIX NOTARY S SEPIA A Sworn to and subscribed before me, by the said jv r 1 ��r this the d 7 t1A- day of TQ n tc4 ( 20 —7 to certify which, witness my hand and seal of office. 7. LvrnA No-lati Ribbc °.Q � 2,ef,,,,(4, Signature of officer administering oath Printed name of officer administering oath Title of officer admirrfstering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Mark Van Vleck, P.E., Assistant City ManagerOa Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services Date: February 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — January 31, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the January 31, 2017 City Council meeting, Mayor Pro Tempore Vaughn requested Staff to provide an informal report explaining past council directives relative to the selection of PCC or HMAC for street reconstruction projects. BACKGROUND & FINDINGS: BOND 2012 PROJECTS: In late 2014, there was recognition that the majority of the Bond 2012 projects were under budgeted. Various strategies were considered to address the funding shortfall. A council resolution (see ATTACHMENT 1) was approved on February 17, 2015 that provided specific guidance on project deferrals, bicycle accommodation and pavement design. The pavement design guidance indicated that certain Bond 2012 projects were to be bid HMAC, others PCC and most were to be bid both HMAC and PCC. BOND 2014 PROJECTS: In April 2013 Council approved a Bond 2014 Execution Strategy that involved funding and initiating the project design efforts in advance of the Bond referendum. In July 2013, Council approved a Reimbursement Resolution to fund design efforts and directed staff to begin procuring design services for the streets listed on Proposition One of the Council -approved project list. Those design contracts were approved by City Council in early 2014. Consultants were directed to take the design effort to an Engineering Letter Report (ELR) level (see ATTACHMENT 2) in order to provide a better budget basis for the Bond referendum. Included in the scope of work for the Bond 2014 ELR's was a pavement lifecycle cost analysis and recommendation. Determining the required pavement section is primarily based the Association of State Highway Transportation ©fcials (AASHTO) Guide for Design of Pavement Structures. The inputs include anticipated vehicle loads, the structural properties of the subbase soil, the desired reliability level and the desired service life. For the lifecycle cost analysis, equivalent pavement sections are developed for both HMAC and PCC using a 30 -year service life. The lifecycle analysis is conducted for a minimum of 30 years considering the cost for initial construction, anticpated maintenance and major repairs at the end of the design life. In some cases, there are other factors that may drive a recommendation for HMAC or PCC such as underground utilities, driveway access requirements and compatibility with existing adjacent pavement. After the Bond 2014 referendum passed in November 2014, the design engineers were released to complete the designs for the Proposition One projects. The original guidance in late 2014 was to base the roadway design on the ELR pavement recommendation for each of the projects. That guidance has not been modified. Amendments have been negotiated on many of the Bond 2014 projects. Those amemdments; however, only addressed the Bicycle Mobility Plan recommendations and Value Engineering on drainage systems. Staff is unaware of any formal council direction to negotiate contract amendments to redesign Bond 2014 projects for both PCC and HMAC pavement structures. RESIDENTIAL RECONSTRUCTION: On December 13, 2016 Council passed a Motion of Direction (see ATTACHMENT 3) that the residential reconstruction pilot projects should be designed as both HMAC and PCC pavement structures. That direction was clarified during the December 20, 2016 meeting to indicate that both designs were to be applied for full reconstruction projects and not situations where the existing pavement can be rehabilitated (see ATTACHMENT 4). SEPTEMBER 22, 2015 COUNCIL MEETING: During the January 13th 2017 City Council Retreat, the question was raised about a discussion that took place during the September 22, 2015 City Council meeting. There was a discussion of pavement design during the item awarding the construction contract for the Bond 2012 Proposition 1 Project - Williams Drive Phase 3 (see ATTACHMENT 5). During the discussion, a question was asked whether projects would continue to be bid both ways. There was perhaps a misunderstanding regarding the staff response to this question. Some council members may have considered this as a motion of direction to design all future projects with both HMAC and PCC pavement. The staff response was intended to mean that many of the future projects on both the 2012 and 2014 Bond Programs were being designed to bid both ways. Staff did not consider this discussion as formal direction to pursue design amendments for all Bond 2014 projects that were not scoped at that time to bid with both HMAC and PCC pavement. NEXT STEPS: Staff will continue with the designs of the Bond 2012 projects in accordance with the February 2015 resolution. Additionally, staff has reviewed the Bond 2014 ELR recommendations and determined which projects could be designed with both PCC and HMAC without significantly impacting the schedule. Staff is proposing to include three projects (current ELR's recommended HMAC) that will be re - scoped and designed to include a PCC and HMAC pavement structure. This will involve negotiation of staff -approvable contract amendments. The attached table (see ATTACHMENT 6) shows the currently proposed and recommended pavement structure for the Bond 2014 projects. FEBRUARY 17, 2015 CITY COUNCIL RESOLUTION ATTACHMENT 1 Resolution directing staff to proceed with bidding remaining Bond 2012 Protects; and providing direction on specific projects. WHEREAS, at the regular council meetings of January 27, 2015 and February 17, 2015, staff presented the City Council with information related to the Bond 2012 program; WHEREAS, Council has considered general items applicable to all projects as well as items that apply to individual projects; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. To the extent that the funds authorized under the Bond 2012 Proposition 1 are insufficient to cover total project costs, the City will issue Certificates of Obligation (COs) to provide additional funding. SECTION 2. The following Bond 2012 projects are directly affected by the new Harbor Bridge construction and will be deferred and reassessed at a later date: the Twigg Street Project, from Shoreline Boulevard to Lower Broadway Street; and the Leopard Street Project, from Crosstown Expressway to Palm Drive. SECTION 3. The following streets recommended to be constructed with Hot Mix Asphalt Concrete (HMAC) will be bid for both HMAC and Concrete unless underlying structural conditions warrant otherwise: South Alameda Street, from Ayers Street to Louisiana Avenue; South Staples Street, from Brawner Parkway to Kostoryz Road; Staples Street from 1-37 to Morgan Avenue; Kostoryz Road Project, from Brawner Parkway to Staples Street, and Williams Drive, from South Staples Street to Airline Road. SECTION 4. The following projects are to be designed and constructed without designated bike lanes: Kostoryz Road Project, from Brawner Parkway to Staples Street; Greenwood Drive Project, from Gollihar Road to Home Road, and Tuloso Road Project (wide shoulders only), from 111-37 to Leopard Street. SECTION 5. In connection with the following project, staff will plan a future hike and bike trail project along Airport Ditch through H.P. Garcia Park with access to Greenwood at Home Road and Gollihar Road: the Greenwood Drive Project, from Gollihar Road fa Home Road. SECTION 6. The following project is to be designed and constructed to improve pedestrian/ADA crossings at both Kostoryz Road and Texan Trail to replace the 030482 Page 1 o13 INDEXED existing crosswalk to Ray High School: the South Staples Street Project, from Brawner Parkway to Kostoryz Road. SECTION 7. Exhibit "A" (attached and incorporated herein), describes more fully the design and construction directives for certain projects. SECTION 8. Staff Is directed to proceed with the Bond 2012 Program. ATTEST: P.Ick,ex. Rebecca Huerta City Secretary H C OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 3 EXHIBIT A BOND 2012 Streets: 1 Discussion and Notes: • • Twigg Leopard Remain on Deferral. • Morgan (Staples to Crosstown) • • Include in active project list (additional funding may be required). Continue coordination with Hospital including monthly meetings are held with hospital and development. • • • Alameda Staples (1-37 to Morgan) Williams • Bid with both Concrete and HMAC. • Kostoryz • Bid with both Concrete and HMAC; • No Bike Lane; • Evaluate bicycle connectivity to Del Mar and nearby schools during final design. • Staples (Kostoryz to Brawner Pkwy) • • Bid with both Concrete and HMAC Existing crosswalk to Ray High School removed with improved pedestrian/ADA crossings at both Kostoryz and Texan Trail. This was coordinated with Ray HS, Police, Traffic Engineer, and RTA to improve safety for parents, children and general public. • Tuloso • Constructed as concrete with wide shoulders to accommodate bikes. • Ocean Drive • Constructed as HMAC; HMAC recommended to avoid potential joint failures (separation, raised & depressed panels, cracking, etc.) assodated with poor subgrade materials (dredged fill). • Greenwood • No Bike Lane; plan future project for hike & bike along Airport Ditch through H.P. Garcia Park with access to Greenwood at Horne and Gallihar. • Holly • Proposed median approximately 70% Xeriscape plantings and 30% grass is under review for additional Hardscape, project is a 80/20 shared cost with TxDOT (80%). Page 3 of 3 Corpus Christi, Texas U' of , The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Aky SEPTEMBER 12, 2014 SAMPLE ENGINEERING LETTER REPORT (ELR) EXCERPT ATTACHMENT 2 FINAL ENGINEERING LETTER REPORT GOLLIHAR ROAD IMPROVEMENTS Kostoryz Road to Weber Road (Bond 2014) CITY PROJECT NO(s) E13088 & E13089 SUBMITTED TO: CITY OF CORPUS CHRISTI, TEXAS CAPITAL PROGRAMS Corpus Chr sti Capital Programs SUBMITTED BY: raRVE, Inc. engineering — surveying TBPE Firm Reg. No. F-2037 September 12, 2014 Table of Contents ExecutiveSummary ................... I. Introduction Z 11. Street Improvements ? A. TRAFFIC STUDY & SIGNAL IMPROVEMENTS 3 B. PAVEMENT IMPROVEMENTS 4 C. DRIVEWAYS, SIDEWALKS AND CURB RAMP IMPROVEMENTS 4 D. RTA (BUS) IMPROVEMENTS 5 E. STRIPING AND SIGNAGE IMPROVEMENTS 5 III. Drainage Improvements 5 A. EXISTING CONDITIONS AND PROJECT OBJECTIVES 5 B. STRUCTURAL ANALYSIS OF THE EXISTING BOX CULVERTS 6 C. STORM SEWERIMPROVEMENTS ........................... 7 IV. Water Improvements 9 V. Wastewater Improvements 9 VI. Dry Utility Improvements l0 VII. Traffic Control 1 1 VIII. Opinion of Probable Cost l 2 IX. Summary & Engineer Recommendations 13 APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix 1 Appendix J Appendix K Appendix L Appendix M Appendix N — Existing Conditions Map — Proposed Street & Utility improvements — Private Improvements in Right -of -Way — Traffic Study Merno — Geotechnical Report — 30 -Year Pavement Life Cycle Cost Analysis — Drainage Report & Supplement — Culvert Evaluation Report — Local Area Drainage Map — Ultimate Offsite Drainage Improvements — Existing Storm Trunk Line Profile — Proposed Storm "Trunk Line Profile — Existing 14" HP Gas Line Profile — Opinion of Probable Cost Gollihar Road Improvements — Kostoryz Road to Weber Road Final Engineering Letter Report Executive Summary On March 18, 2014 the City of Corpus Christi City Council executed a contract for engineering services with RVE, Inc. ("RVE") for Gollihar Road Improvements — Kostoryz Road to Weber Road (City Project No(s) E13088 & E13089) — the "Project". On March 20, 2014, RVE received a Notice to Proceed on the Project from the City Engineer. The Project includes the complete reconstruction of Gollihar Road from Kostoryz Road to Weber Road, approximately 5,300 feet in length. The objectives of the Project are to replace the existing deteriorated hot -mix asphalt concrete (1-HMAC) road, sidewalks and curb ramps with new infrastructure, provide bike lanes inside the curbs on both sides of the roadway, increase the capacity of the existing underground storm sewer system and upgrade the existing water and wastewater infrastructure. The Project will he funded by two (2) 2014 Bond Projects: Golliltar Road from Kostoryz Road to Carroll Lane (City Project No. E13089) and Gollihar Road from Carroll Lane to Weber Road (City Project No. E13088). The Project will be bid, however, as one project. Per the City's Urban Transportation Plan, Gollihar Road from Kostoryz Road to Weber Road is classified as an Al Arterial Street, which is to contain five (5) lanes in a 95' right-of- way. The existing road contains five (5) lanes - two (2) travel lanes in each direction and a center. continuous left -turn lane — in an 80' right-of-way. The Project does not include right-of-way acquisition to create a 95' right-of-way. The 5 -lane configuration will be maintained with the Project, however, in order to provide bike lanes within the curb on both sides of the road within the existing 80' right-of-way, the lane widths will be reduced. Two (2) 10.5' wide travel lanes will be provided in both directions with an II" wide continuous left -turn lane down the middle. Two (2) 4' wide bike lanes will be created on both sides of the new road adjacent to the curb. Tied, 5' wide concrete sidewalks will be provided on both sides of the new road. The total width of surface improvements is 75' with minor variances along the Project length, which allows a 2' to 3' separation between the back of proposed sidewalk and the 80' right-of-way. RVE recommends a new pavement section composed of HMAC based upon facts presented in this report. The local underground storm sewer collection system (laterals and curb inlets) will be replaced with new infrastructure with a 25 -year storm capacity. Additional large box culverts will be installed adjacent to the existing storm trunk line (box culverts) beneath Gollihar Road to increase the existing capacity to a 25 -year frequency rain event in accordance with the City's Drainage Criteria Manual. All non -PVC water laterals and all VCP wastewater mains and laterals will be replaced with new infrastructure. All wastewater manholes will be replaced or rehabilitated with fiberglass manholes or liners. The Project will be funded through a combination of street funds (2014 Bond) and C.I.P. utility funds. The City's estimated construction budget is $16.3 million. The preliminary Opinion of Probable Cost of the Project is $13.8 million: $4.3 million for street improvements and $9.5 million for utility improvements. Gollihar Road Improvements -- Kostoryz Road to Weber Road Final Engineering tetter Report Page 1 with the 60% Submittal Package. PAVEMENT IMPROVEMENTS On May 7, 2014, Rock Engineering and Testing, Inc. ("ROCK") prepared a geotechnical report containing information on the existing soils and pavement recommendations. ROCK performed eleven (11) pavement/soil borings in the field. Six (6) of the borings were taken to a depth of 20', and five (5) were taken to a depth of 5'. ROCK's report is attached in Appendix E. RVE: analyzed two (2) 30 -year pavement sections listed below: - Hot -mix, asphalt concrete (HMAC) section: and - Reinforced concrete section. We performed a 30 -year Life Cycle Cost Analysis (LCCA) on the two (2) options to determine the more economical section. Based upon the existing soil conditions on the Project, ROCK recommended the following 30 -year pavement sections: HMAC Pavement 2.0" Type `D' HMAC over 3.0" Type 'B' HMAC over 9" Type 'A', Grade 1 Limestone Base over TX -5 Geogrid (or equal) Reinforced Concrete Pavement 8" Jointed, Reinforced Concrete over 1" Type 'D' HMAC over 6" Type 'A', Grade I Limestone Base Typically, subgrade soils in the Corpus Christi area are found to be highly expansive with a Plasticity Index between 30 and 40. In those soil conditions, RVE recommends lime -stabilization of the subgrade under new pavement. The average Plasticity Index of the subgrade soils encountered on this Project, however, is 20. As such, lime -stabilization of the subgrade is not recommended on the Project. RVE. used the Federal Highway Administration's (FHWA) RealCost V2.5 program to perform a 30 -year LCCA on the two (2) pavement section options -- attached in Appendix F. The results of the analysis indicate that the Reinforced Concrete Pavement section is the more economical section after 30 years when both City Costs and User Costs are considered. The analysis results for each pavement option are listed below. The number in RED represents the lesser cost for each category. Pavement Section I-IMAC Pavement Reinf. Concrete Pavement Initial Construction Cost $2.82 Million $4.00 Million 30 -Yr. Present Value Cost (w/o User Costs) $3.72 Million $4.30 Million 30 -Yr. Present Value Cast (wl User Costs) $5.75 Million $6.00 Million Based upon the cost comparison presented above, RVE recommends that the City use the HMAC pavement option for the new road surface. Gollihar Road Improvements - Kostoryz Road to Weber Road Final Engineering tetter Report Page 4 DECEMBER 13, 2016 CITY COUNCIL MEETING MINUTES ATTACHMENT 3 City Council Meeting Minutes December 13, 2016 Council Member Garza made a motion to approve the ordinance, seconded by Council Member McComb. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Hunter, Council Member Rubio, Council Member Vaughn, Council Member Guajardo, Council Member McComb. Council Member Smith and Mayor McQueen Absent: 1 - Council Member Molina Abstained: 0 Enactment No: 031011 17, Second Reading Ordinance - Appropriating funds and approving Engineering Design Contracts for Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive Ordinance appropriating 52,500,000 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 597,764 for the design of Rogerson Drive. Mayor McQueen referred to item 17. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate $2.5 million from the Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive and to execute two design contracts, one with Urban Engineering for the design of Ralston Avenue from Staples Street to Alameda, and one with Freese and Nichols for the design of Rogerson Drive from McArdle to Sunnybrook. Staff will use these two projects to provide better pricing information and data to further develop the program. Projects are planned to go out for bid in the May/June 2017 timeframe with construction projected for July 2017. Council members spoke regarding the following topics; the use of internal staff or consultants to monitor the program; Ralston Avenue and Rogerson Drive being two good candidates for the program; bidding both asphalt and concrete; what ether cities are doing on residential streets; the reason the engineering fees are different for the two projects; a future discussion of the use of concrete when developing new neighborhoods; the budgeted amount for residential and local streets; the initial intent of staff to design both streets using asphalt; the pothole repairs on both streets; public notification for residents regarding construction on the streets; a lifecycle cost analysis for concrete and asphalt; the current cost for concrete; whether the funding will Include curb and gutter; the cost matrix used to determine the difference In cost between pothole repair and reconstruction; options for cost-plus contracts; the percentage that these test projects are of all residential streets Corpus Christi Page 12 Printed on 12128/2016 City Council Meeting Minutes December 13, 2016 that require repairs; the opportunity to manufacture our own materials; creation of a council committee for residential streets; financing for residential streets; and the test projects providing better pricing information and data. Mayor McQueen called for comments from the public. Abel Alonzo, 1701 Thames, spoke in support of the use of concrete for residential streets. Sir Frederick von USA King VII, 1442 Arlington Drive, spoke in support of the use of asphalt. MOTION OF DIRECTION Council Member Vaughn made a motion directing the City Manager to bid the projects in both concrete and asphalt, seconded by Council Member Guajardo. This Motion of Direction was passed with the following vote: McQueen, Garza, Hunter, Guajardo, McComb, Molina, Rubio, and Vaughn, voting "Aye", Smith voting "No". Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Council Member Garza, Council Member Hunter, Council Member Rubio, Council Member Vaughn, Council Member Guajardo, Council Member McComb, Council Member Smith, Mayor McQueen and Council Member Molina Abstained: 0 Enactment No: 031013 18. Second Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities 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. Mayor McQueen referred to Item 18. Interim Director of Human Resources Steven Viera stated that the purpose of this item is to continue the Texas Municipal Retirement System (TMRS) updated service credits for current participants and increases for current and prior annuities. These provisions adhere to the terms of the collective bargaining agreement with the Corpus Christi Police Officers' Association. Mr. Viera explained that unlike most public retirement systems, TMRS is a hybrid design instead of a defined benefit plan based on the percentage of salaries such as the City of Dallas. The TMRS plan is cash balanced in nature, meaning it is based on the contributions made by the employee, the matching amount by the City and interest income credited to the employee's account over the employee's career. Mr. Viera provided Corpus Christi Page 13 Printed on 1 2/2 812 01 6 December 20, 2016 CITY COUNCIL MEETING MINUTES ATTACHMENT 4 City Council Meeting Minutes December 20, 2016 MOTION TO RECONSIDER Council Member McComb made a motion to reconsider the motion of direction for Item No. 17 on the December 13, 2016 agenda, seconded by Council Member Vaughn. This motion to reconsider was passed and approved with the following vote: McQueen, Guajardo, Hunter, McComb, Molina, Smith, Vaughn, and Garza, voting' .Aye"; Rubio voting "No` MOTION OF DIRECTION Council Member McComb made a motion directing the City Manager to bid reconstruction projects in both concrete and asphalt, not repair projects, seconded by Council Member Smith and passed unanimously. J. CONSENT AGENDA: (ITEMS 3 - 26) 3. 4. Approval of the Consent Agenda Mayor McQueen referred to the Consent Agenda. Council members requested that items 8, 12, 13, 15, 16, 17, 18 be pulled for individual consideration. City Manager Rose requested that Item 26 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member Smith, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McQueen, Council Member Garza, Council Member Guajardo, Council Member Hunter. Council Member McComb. Council Member Molina, Council Member Rubio. Council Member Smith and Council Member Vaughn Abstained: 0 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. This Motion was passed on the Consent Agenda. Enactment No: M2016-162 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Coastal Bend Health Facilities Development Corporation and Corpus Christi Page 4 Printed on 1117120}7 SEPTEMBER 22, 2015 CITY COUNCIL MEETING MINUTES ATTACHMENT 5 City Council Meeting Minutes September 22, 2015 18. First Reading Ordinance - Construction Contract and Construction Materials Testing Contract for Williams Drive Phase 3 from Staples Street to Airline Road (Bond 2012) Ordinance appropriating anticipated revenues; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $8,698,783.50 for the Base Bid; and to execute a construction materials testing contract with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $112,135 for Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012). Mayor Pro Tem Vaughn referred to Item 18. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a construction contract with Reytec Construction Resources, Inc. and a construction materials testing contract with Tolunay-Wong Engineers, Inc. for Bond 2012 Street Project, Williams Drive Phase 3 from Staples Street to Airline Road. This project is a joint project with the City of Corpus Christi and the Texas Department of Transportation (TxDOT), which includes: the widening of Williams Drive and the replacement of the existing two-lane asphalt road with a new four -lane concrete road; new 10 -foot wide, combined pedestrian/bicycle paths on both side of the street; the replacement of six RTA pads; and utility improvements. The project is estimated to be completed by February 2017. There were no comments from the public. Council members spoke regarding the following topics: bidding the project with asphalt and concrete (Additive Alternate Nos. 1 and 2); Indication that other projects are being bid with concrete as the lowest bids; and Additive Alternate No. 2 including wastewater lines. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member Riojas and Council Member Rosas Abstained: 0 19. First Reading Ordinance - Appropriating capital proceeds accrued from June 1, 2014 through July 31, 2015 in their respective Capital Improvement Program Funds Ordinance appropriating amounts of (a) $13,184.50; (b) $290,604.57 (c) $484,822.06; (d) $47,395.11; and (e) $192,120.28 into the Airport CIP, Bond Proceed, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Corpus Christi Page 12 Printed on 9/29/2015 BOND 2014 CURRENT AND PROPOSED PAVEMENT RECOMMENDATION ATTACHMENT 6 Street Bond Projects - Pavement Recommendations PROJECT NUMBER PROJECT TITLE Bond STATUS Current Design Proposed Design 113099 Waldron Rd (Airdame Dr to Caribbean Or) Bond 2014 Prop 1 Complete HMAC HMAC E13100 Santa Fe 5t (Elizabeth 5t to Hancock 5t) Bond 2014 Prop 1 Complete HMAC HMAC 113095 Southern Minerals Rd (tip River Rd to iH-37) Bond 2014 Prop 1 Construction PCC PCC E13086 Alameda 5t (Kinney 5t to ligan St) Bond 2014 Prop 1 Construction HMAC HMAC E1S111 North Padre Island Beach Access Road 3A Bond 2014 Prop 2 Construction PCC PCC E13088(E13089 Gollihar Rd (Weber Rd. to Carroll In.) Fiord 2014 Prop 1 Council Award HMAC HMAC 5130137 Galli har Rd (South Staples to Weber Rd) Bond 2014 Prop 1 Council Award HMAC HMAC 015109 Ennis loslin Road Extension (Hotly to Williams) Bond 2014 Prop 7 Cnnec1 Award HMAC HMAC 013092 Ayers St (Alameda 5t to Ocean Dr) Bond 2014 Prop 1 Bidding HMAC HMAC E13096 Yorktown Blvd (Everhart Rd to Staples St) Bond 2014 Prop 1 Pending Bid Both Both (13097 Carroll Lane{Houston St to MCArdie Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC €13091 Carona Dr (Flynn Pkwy to Everhart Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC €15122 Creek View Drive Extension Bond 2014 Prop 2 Final HMAC HMAC E15111 North Padre Island Beath Access Road 2 Bond 2014 Prop 2 Pre-FVnal PCC PCC 513099 Old Robstown Rd (Highway 44 to Leopard St) Bond 2014 Prop 1. Pre -Final HMAC HMAC €13093 Yorktown Blvd (Lake Travis to Everhart Rd) Bond 2014 Prop 1 Pre -Final HMAC HMAC 015106 Ayers St- Pedestrian improvements and Turn Lane Bond 2014 Prop 2 75% HMAC HMAC 113094 Staples St (Alameda 5t to Morgan 5t) Bond 2014 Prop 1 60% Both Both (15107 Chaparral Street - Phase 2 (Schatael to Taylor) Bond 2014 Prop 2 30% HMAC Both 115110 Flato Road - Agnes to Bates Bond 2014 Prop 30% HMAC Both E15112 Rodd Field Road Expansion (Saratoga to Yorktown) Bond 2014 Prop 2 30% HMAC Both 133090 Morgan Ave (Staples St to Ocean Dr) Bond 2014 Prop 1 On Ho)4 Both Both PCC HMAC Both Advertised or in Construction AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Maintenance and Calibration Service Agreement with Hach Company CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Hach Company, of Loveland, Colorado for maintenance and calibration services as a sole source for a total amount not to exceed $422,713.80, with an estimated expenditure of $79,838.27 in FY2016-2017. The term of the agreement is for three 12 -month periods with an option to extend for up to two additional 12 -month periods at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide on-call general maintenance and calibration services for Hach instruments at the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The City currently utilizes 17 classification types of Hach instruments, of which multiple instruments are located within O.N. Stevens Water Treatment Plant and Water Quality Division. Hach Company provides maintenance and calibration services on Hach online instrumentation for the plant and water quality sites through individual service agreements. Staff recommends consolidating the various agreements to one for a comprehensive standard preventative maintenance and service plan to be more cost effective and efficient in managing cost and services. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $804,540.45 $342,875.53 $1,147,415.98 Encumbered / Expended Amount $361,120.61 $0.00 $361,120.61 This item $79,838.27 $342,875.53 $422,713.80 BALANCE $363,581.57 $0.00 $363,581.57 Fund(s): Water Comments: The initial contract term is a total amount not to exceed $136,865.60 the first 12 -month period, with an estimated expenditure of $79,838.27 to be funded in FY2016-2017. The total estimated contract value will be $704,523.00 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement SERVICE AGREEMENT NO. 975 HACH MAINTENANCE AND CALIBRATION SERVICES THIS Hach Maintenance and Calibration Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Hach Company ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Hach Maintenance and Calibration Services 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 Hach Maintenance and Calibration Services ("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 up to three 12 -month periods (up to 36 months in total), with performance commencing on February 1, 2017 ("Effective Date"), for the first 12 -month period. This Agreement will renew for up to two additional 12 -month periods ("Option Period"), provided, the City has not provided the Contractor with at least a 90 -day advance written notice prior to the beginning of each Option Period. The decision to cancel the exercise of an Option Period to extend the term and end Services under this Agreement is, at all times, within the sole discretion of the City. 3. Compensation and Payment. The total value of this Agreement is not to exceed $136,865.60, subject to extensions and changes. Payment will be made by the City for the first 12 -month period of Services within 30 days of the Effective Date, 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. 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: Diana Zertuche Garza Utilities Treatment; Water Utility Support Service Group 361-826-1827 Email: DianaGcctexas.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 Contractor shall provide the City 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. 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. 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 Page 2 of 8 cannot be made by the Contractor, a replacement service may be procured by the City on the open market. 8. Warranty. Contractor warrants to City that each of the goods conforms to its written warranty set forth in its user manual in effect on the date of purchase, or, if there is no express warranty therein, that each of the goods will be free from defects in material and workmanship and will conform to the manufacturer's quoted specifications for 12 months from delivery. Warranties do not extend to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. Contractor warrants that it will perform all Services in accordance with its standard practices and that the Services will be free from defects in workmanship for a period of 90 days from their date of performance. If Contractor breaches this warranty and the City notifies Contractor of such breach within 30 days of the end of the applicable warranty period, Contractor will, at its option, either replace or repair the nonconforming goods, or re -perform any nonconforming Services, or refund the amounts paid by City to Contractor for the nonconforming goods and/or Services. THIS IS THE EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. CONTRACTOR EXPRESSLY DISCLAIMS ANY REMEDIES OF "COVER" AND ANY WARRANTIES IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 Page 3 of 8 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, 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, as applicable. 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: Diana Zertuche Garza Contracts/Funds Administrator O. N. Stevens Water Treatment Plant 13101 Leopard St. Corpus Christi, TX 78410 Fax: (361) 826-4488 IF TO CONTRACTOR: HACH Company Attn: Robbin Crane Page 4 of 8 Service Product Line Manager P. O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Fax: (970) 619-5823 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 REASONABLY 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, ANY AND ALL INDEMNIFICATION OBLIGATIONS IMPOSED UPON CONTRACTOR ARE LIMITED TO THE PROPORTIONATE EXTENT OF THOSE DAMAGES CAUSED BY CONTRACTOR'S BREACH OF THE AGREEMENT, NEGLIGENCE, WRONGFUL CONDUCT, OR VIOLATIONS OF LAW. Page 5 of 8 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. (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. Page 6 of 8 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. 25. Limitation of Liability. THE TOTAL LIABILITY OF CONTRACTOR AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS ARISING OUT OF PERFORMANCE, NONPERFORMANCE, OR OBLIGATIONS IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, AND/OR USE OF GOODS AND/OR SERVICES IN NO CIRCUMSTANCE INCLUDES ANY LIQUIDATED, PENALTY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR EXCEED AN AMOUNT THAT IS UNREASONABLY DISPROPORTIONATE TO THE TOTAL AMOUNT OF COMPENSATION ACTUALLY PAID TO CONTRACTOR UNDER THE AGREEMENT, EXCEPT ONLY IN THE CASE OF DAMAGES ARISING DUE TO CONTRACTOR'S WILLFUL MISCONDUCT. (SIGNATURE PAGE FOLLOWS) Page 7 of 8 CONTRACTOR ))0,it,4Signature: /v `- L✓- Printed Name: Mit-G(4-EL L4. Zvie't-SK/ Title: tm -, /\• 4 S e ac- - it /'o►<-T— Date: ail /r7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Page 8 of 8 Attachment A: Scope of Work The City currently utilize 17 classification types of HACH instruments, of which multiple instruments are located within O.N. Stevens Plant and Water Quality Diviision. The Contractor will continue to provide ongoing maintenance and calibration services of all existing instruments located throughout the Plant. The following 17 classifications types of instruments are defined below; • 1720E: Online Turbidity Meter; measures turbidity at the filter stations • 2100AN: Benchtop (Lab) Turbidity Meter; measure turbidity at the Lab for samples • 2100Q: Portable Turbidity Meter; measures turbidity at the Lab and field • APA 6000: Free Ammonia/ Monochloramine analyzer; Measures free ammonia and monochloramine at the plant and boosting stations • BioTector 3500C: Total Organic Carbon (TOC) Online Analyzer; measures TOC at the high service stations • CL17: Free/Total Chlorine analyzer; measures free and total chlorine at the plant and boosting stations • CLT10: Reagent -less Total Chlorine analyzer; measures total chlorine at the plant and boosting stations • CLF10: Reagent -less Free Chlorine analyzer; measures free at the plant and boosting stations • DR900: Portable Spectrophotometer; measures a wide range of parameters at the Lab and the field like, chlorine, free ammonia, monochloriamine, nitrate, nitrite, iron, etc. • DR6000 UV -VIS: Benchtop (Lab) Spectrophotometer; measures a wide range of parameters at the Lab like, chlorine, free ammonia, monochloriamine, nitrate, nitrite, iron, etc. • FilterTrak 660/660sc: Online Turbidity meter; measures turbidity at the filter stations • pH, ORP and Conductivity Sensors, PD & RD (analog pH and ORP), DPD & DRD (Digital pH and ORP), 6XXXPX Series Differential pH Sensors, Conductivity Sensor: pH probe, ORP probe, Conductivity Probe; measures pH, ORP and conductivity • QC8500: Lachat QuickChem Flow Injection Analysis System; determines ionic species in a sample • Sc100/sc200: Controller for online analyzer/meters and probes, 2 channels; control meters and probes and send signal to control room • Sc1000: Controller for online analyzer/meters and probes, up to 6 channels; control meters and probes and send signal to control room • Solitax: Online Turbidity probe; measures turbidity at the front of the plant • Surface Scatter 7: Raw Water Online Turbidity Meter; measures turbidity of the raw water coming into the plant Contractor shall provide a comprehensive standard service to each of the 17 classifications outlined in the Hach service plans on the following exhibits. Exhibit -Service Plus Certified Programs 1 of 17 SERVICEPLUS"° CERTIFIED PROGRAMS 1720E Field Service Partnership Your Hach 1720E Field Service Partnership (FSP) provides: all inclusive parts and four scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace lamp assembly yearly • Calibrate via StablCal/Formazin standards and/or verification with ICE PICTM. • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair controller in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 SERVICEPLUS® CERTIFIED PROGRAMS 2100AN Field Service Partnership Your Hach 2100AN Field Service Partnership (FSP) provides: all inclusive parts and one scheduled preventative maintenance visit performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters. • Verify all instrument connections (including initial evaluation of the network topography). • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages. • Calibration via StablCal/Formazin standards and calibration verification with Gelex standards upon request • Replace lamp assembly, as necessary • Verify software and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 2 of 17 Be Right'" r SERVICEPLUS® CERTIFIED PROGRAMS 2100Q BenchPlus Service Plan Your Hach 2100Q BenchPlus Service Plan provides the following at no additional charge: • One (1) on-site visit per year for certification and preventative maintenance or one (1) basic Start -Up. (Advance notice required from the customer if Start -Up is required) • Factory repair • Five day turn around for repairs, preventative maintenance, and calibrations • Toll-free Hach technical support available Once instruments are on a Service Plan, there is no need for additional PO's throughout the year; all instrument repairs, calibration, and preventive maintenance goes through Hach's convenient return process. During the one (1) pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace lamp assembly if necessary • Calibration via StablCal/Formazin standards and calibration verification with Gelex standards upon request • Verify software version and update as necessary Factory Repairs • Perform required repair service including parts and labor as necessary • Loaners of similar functionality will be provided upon request, subject to availability • Abuse or Acts of God are not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 3 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS APA 6000 Field Service Partnership Your Hach APA 6000 Field service plan provides: all inclusive parts and four scheduled preventative maintenance visits performed by a Hach Field Service Technician. The Field Service Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters. • Verify all instrument connections (including initial evaluation of the network topography). • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages. • Reagent dispensation system. • Colorimeter cleaning and inspection. • Replace the valve rotor, pump seals, O -rings, tubing and fittings, if necessary during each visit at no additional charge • Verify software and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 4 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS BioTector 3500C Field Service Partnership 5 of 17 Your Hach BioTector 3500C Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters. • Verify all instrument connections (including initial evaluation of the network topography). • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages. • Reagent and sample dispensation system. • Instrument auto calibration feature. • Instrument sample sequencing feature • Replace maintenance kit items, as necessary, during each visit with no additional charge • Verify software and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 SERVICEPLUS® CERTIFIED PROGRAMS CL17 Field Service Partnership 6 of 17 Your Hach CL17 Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace tubing and fittings as necessary • Verify Reagent dispensation system • Verify Colorimeter operation • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 SERVICEPLUS® CERTIFIED PROGRAMS CLT10 and CLF10 Field Service Partnership 7 of 17 Your Hach CLT10/CLF10 Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Verify Sample flow • Verify Chlorine Sensor operation • Verify pH sensor operation (if equipped)** • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). **The CLF10 and CLT10 can be equipped with an optional pH sensor. The pH Sensor performance will be checked by Hach Service while on site. However, coverage of the sensor itself is purchased separately. Please ask for PMP-GLPHORP-1V for prorated coverage of your pH sensor hach.com/service 1 800-227-4224, ext. 6178 Be Right'" T SERVICEPLUS® CERTIFIED PROGRAMS DR900 BenchPlus Service Plan Your Hach DR900 BenchPlus Service Plan provides the following at no additional charge: • One (1) on-site visit per year for certification and preventative maintenance or one (1) basic Start -Up. (Advance notice required from the customer if Start -Up is required) • Factory repair • Five day turn around for repairs, preventative maintenance, and calibrations • Toll-free Hach technical support available Once instruments are on a Service Plan, there is no need for additional PO's throughout the year; all instrument repairs, calibration, and preventive maintenance goes through Hach's convenient return process. During the one (1) pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace batteries if necessary and or applicable • Verify software version and update as necessary Factory Repairs • Perform required repair service including parts and labor as necessary • Loaners of similar functionality will be provided upon request, subject to availability • Abuse or Acts of God are not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 8 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS DR6000 UV -VIS BenchPlus Service Plan Your Hach DR6000 BenchPlus Service Plan provides the following at no additional charge: • One (1) on-site visit per year for certification and preventative maintenance or one (1) basic Start -Up. (Advance notice required from the customer if Start -Up is required) • Factory repair • Five day turn around for repairs, preventative maintenance, and calibrations • Toll-free Hach technical support available Once instruments are on a Service Plan, there is no need for additional PO's throughout the year; all instrument repairs, calibration, and preventive maintenance goes through Hach's convenient return process. During the one (1) pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace Halogen lamp assembly if necessary (Note: UV lamp is not a PM item and will not be covered during initial evaluation) • Verify software version and update as necessary Factory Repairs • Perform required repair service including parts and labor as necessary • Loaners of similar functionality will be provided upon request, subject to availability • Abuse or Acts of God are not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 9 of 17 SERVICEPLUS® CERTIFIED PROGRAMS FilterTrak 660/660sc Field Service Partnership 10 of 17 Your Hach Filtertrak 660/660sc Field Service Partnership (FSP) provides: all inclusive parts and four scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Inspect the laser assemble and perform limited instrument cleaning • Calibration via calibration kit and/or calibration verification with NIST Formazin Standards • Setting baseline for VQC (Verification Quick Check) if available from customer • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS pH, ORP and Conductivity Sensors PD & RD (analog pH and ORP) DPD & DRD (Digital pH and ORP) 6XXXPX Series Differential pH Sensors Conductivity Sensor Preventative Maintenance Agreement Your Hach pH, ORP and Conductivity sensor Preventative Maintenance Partnership (PMP) provides preventative maintenance performed by a Hach Field Service Technician. In addition, the Hach Technical Support Team is available to assist in troubleshooting your specific instrument. Please have your contract#, Model# & Serial# available when you call. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Performance testing of pH sensor with pH buffers (as applicable) • Performance testing of ORP sensor with ORP Test Solution (as applicable) • Performance testing of conductivity sensor with conductivity standard (as applicable) • Calibration of meter/sensor combination. • Replace Salt Bridge and filling solution once per year (as applicable) Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 11 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS QC8500 Field Service Partnership 12 of 17 Your Lachat QC8500 Field Service Partnership (FSP) provides all inclusive parts, one scheduled periodic, preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by our Hach Technical Support Team. To contact your Hach Technical Support Team call the Special Priority toll free number, this is included with your Partnership documentation. During the pre -scheduled site visits your Hach Field Service Technician will evaluate and perform the following: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Core Unit - Replace source lamp, inspect/replace the source socket assembly, test power supplies, and inspect distribution boards. • Valve - Replace valve rotor, clean internal valve parts, inspect motor and sector wheel, align sensor, and flow test valve. • Detector - Inspect fiber optic cables, calibrate and test detector. • Pump - Inspect gears, lubricate necessary parts, verify stand-by feature, and calibrate speed control. • Sampler — Inspect/lubricate x and y axis, inspect z drive assembly, align sample tubes, test sampler. • Heater — Re -wrap heater block and verify heater operation. • Eluent Pump (IC option only) - Replace seals, clean internal pump head, inspect check valves, and test operation. • Conductivity Module (IC option only) - Clean flow cell, calibrate detector, and perform pcb and heater test. • Fluidics — Replacement of sample lines, waste lines, flow cell flares, and valve tubing. • Dilutor — Is covered under the Agreement, however due to the test equipment required to verify proper operation of the dilutor, the dilutor cannot be serviced on site. The instrument must go the bench to be serviced. • Calibrate to factory recommended specifications • Verify software version and update as necessary SERVICEPLUS® CERTIFIED PROGRAMS Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). Special Notes • Coverage is based off of the Core unit. • Digester and Micro Dist are not covered under this Partnership. If you would like to have coverage on the Digester and / or Micro Dist, Hach has specific Partnership's for those components. hach.com/service 1 800-227-4224, ext. 6178 13 of 17 SERVICEPLUS® CERTIFIED PROGRAMS sc100/sc200 Preventative Maintenance Agreement Your Hach sc100/sc200 Preventative Maintenance Partnership (PMP) provides preventative maintenance performed by a Hach Field Service Technician. In addition, the Hach Technical Support Team is available to assist in troubleshooting your specific instrument. Please have your contract#, Model# & Serial# available when you call. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Verify AC power to the controller is within recommended specification limits • Calibration 4-20ma recorder outputs • Verify software version and update as necessary Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. **Probes are not included in this coverage. Probes must be covered separately hach.com/service 1 800-227-4224, ext. 6178 14 of 17 Be Right'" SERVICEPLUS®' CERTIFIED PROGRAMS sc1000 Field Service Partnership 15 of 17 Your Hach sc1000 Field Service Partnership (FSP) provides: all inclusive parts and one scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Perform diagnostics and communication to sc1000 sensors. • Verify network communication via installed communication card. • Calibrate recorder outputs for each sensor installed on the sc1000 • Verify relay setup & operation if applicable • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) hach.com/service 1 800-227-4224, ext. 6178 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS Solitax Field Service Partnership 16 of 17 Your Hach Solitax Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Evaluate Hach supplied sample conditioning equipment and probe mounting devices • Verify Sensor operation • Calibration with StablCal Turbidity Standards or a sample specific calibration is performed. • Replace wiper, wiper shaft O -rings and fittings once a year or as necessary during each visit at no additional charge. • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair controller in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) Hach.com/service 1 800-227-4224, ext. 6178 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS Surface Scatter 7 Field Service Partnership 17 of 17 Your Hach SS7 Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace lamp assembly yearly • Calibrate via calibration cylinder with 4000 NTU Formazin Turbidity Standard • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 Exhibit- Location of Instruments Location and Instruments to be serviced at the ON. Stevens Water Treatment Plant are outlined below: 1 of 6 Stevens WTP 12/8/2016 Location Instrument Service Serial # Address Location Start Date End Date Year 1 Price Contact RAW Water SC1000 FSP - 1 Visit 1366364 31 -AIC -0301 N54Junction Box 2/1/2017 1/31/2018 $240.00 Burt Smith RAW Water pH Sensor PMP -4 Visit 1505448081 31 -AIT -0303 N54 SP0301 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water ORP PMP -4 Visit 1101431258 31 -AIT -0305 N54 SP0301 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Conductivity PMP -4 Visit 1303662071 31 -AIT -0304 N54 Junction Box 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Solitax FSP - 2 Visit 1487867 31 -AIT -0302 N54 SP0301 2/1/2017 1/31/2018 $970.00 Burt Smith RAW Water SC1000 FSP - 1 Visit 1366591 31 -AIC -0306 S54 Junction Box 2/1/2017 1/31/2018 $240.00 Burt Smith RAW Water pH Sensor PMP -4 Visit 1505448122 31 -AIT -0308 S54 SP0302 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water ORP PMP -4 Visit 1101431260 31 -AIT -0310 S54 SP0302 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Conductivity PMP -4 Visit 1101660209 31 -AIT -0309 S54 Junction Box 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Solitax FSP - 2 Visit 1487681 31 -AIT -0307 S54 SP0302 2/1/2017 1/31/2018 $970.00 Burt Smith RAW Water SC1000 FSP - 1 Visit 1366597 31 -AIC -0311 TEX Junction Box 2/1/2017 1/31/2018 $240.00 Burt Smith RAW Water pH Sensor PMP -4 Visit 1504447401 31 -AIT -0313 TEX SP0303 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water ORP PMP -4 Visit 1101431259 31 -AIT -0315 TEX SP0303 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Conductivity PMP -4 Visit 1101660210 31 -AIT -0314 TEX Junction Box 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Solitax FSP - 2 Visit 1369157 31 -AIT -0312 TEX SP 0303 2/1/2017 1/31/2018 $970.00 Burt Smith Receiving Unit SC1000 FSP - 1 Visit 1386258 31 -AIC -0501 RU SP0501 2/1/2017 1/31/2018 $240.00 Burt Smith Receiving Unit pH Sensor PMP -4 Visit 15011446345 31 -AIT -0503 RU SP0501 2/1/2017 1/31/2018 $848.00 Burt Smith Receiving Unit Conductivity PMP -4 Visit 1110660535 31 -AIT -0504 RU SP0501 2/1/2017 1/31/2018 $848.00 Burt Smith Receiving Unit SS7 FSP - 2 Visit 150500525296 31 -AIT -0502 RU SP0501 2/1/2017 1/31/2018 $826.00 Burt Smith Basin 1 Influent SC1000 FSP - 1 Visit 1365747 31 -AIC -1005 B1PI SP 1003 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 1 Influent pH Sensor PMP -4 Visit 1505448118 31 -AIT -1007 B1PI SP1003 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 1 Influent CLT1Osc FSP - 2 Visit 150845003207 31 -AIT -1003 B1PI SP1003 2/1/2017 1/31/2018 $976.00 Burt Smith Basin 2 Influent SC1000 FSP - 1 Visit 1365797 31 -AIC -1009 B2PI SP 1004 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 2 Influent pH Sensor PMP -4 Visit 1505448077 31 -AIT -1011 B2PI SP 1004 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 2 Influent CLT1Osc FSP - 2 Visit 150845003198 B2PI SP 1004 2/1/2017 1/31/2018 $976.00 Burt Smith Basin 3 SC1000 FSP - 1 Visit 1365743 31 -AIC -1105 B3PI SP1103 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 3 pH Sensor PMP -4 Visit 1505448121 31 -AIT -1107 B3PI SP1103 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 3 CLT1Osc FSP - 2 Visit 150845003208 31 -AIT -1103 B3PI SP1103 2/1/2017 1/31/2018 $976.00 Burt Smith Basin 4 SC1000 FSP - 1 Visit 1365748 31 -AIC -1109 B4PI SP1104 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 4 pH Sensor PMP -4 Visit 1505448123 31 -AIT -1111 B4PI SP1104 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 4 CLT1Osc FSP - 2 Visit 150845003205 B4PI SP 1104 2/1/2017 1/31/2018 $976.00 Burt Smith 2 of 6 Basin 2 Effuent SC1000 FSP - 1 Visit 1365739 31 -AIC -1017 B2 E SP1006 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 2 Effuent pH Sensor PMP -4 Visit 1505448128 31 -AIT -1019 B2 E SP1006 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 2 Effuent 1720E FSP -4 Visit 101200375248 31 -AIT -1018 B2 E SP1006 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 2 Effuent CL17 FSP - 4 Visit 101200376567 31 -AIT -1020 B2 E SP1006 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 1 Effluent SC1000 FSP - 1 Visit 1365663 31 -AIC -1013 B1PE SP1005 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 1 Effluent pH Sensor PMP -2 Visit 1505448082 31 -AIT -1015 B1PE SP1005 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 1 Effluent 1720E FSP -4 Visit 101100373922 31 -AIT -1014 B1PE SP1005 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 1 Effluent CL17 FSP -4 Visit 101200376566 31 -AIT -1016 B1PE SP1005 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 3 SC1000 FSP - 1 Visit 1365674 31 -AIC -1113 B3PE SP1105 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 3 pH Sensor PMP -2 Visit 1505448119 31 -AIT -1115 B3PE SP1105 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 3 1720E FSP -4 Visit 101100373916 31 -AIT -1114 B3PE SP1105 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 3 CL17 FSP -4 Visit 101200376565 31 -AIT -1116 B3PE SP1105 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 4 SC1000 FSP - 1 Visit 1366712 31 -AIC -1117 B4PE SP1106 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 4 pH Sensor PMP -2 Visit 1505448127 31 -AIT -1119 B4PE SP1106 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 4 1720E FSP -4 Visit 101200375251 31 -AIT -1118 B4PE SP1106 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 4 CL17 FSP -4 Visit 101200377642 31 -AIT -1120 B4PE SP1106 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 3 Chlorine SC1000 FSP - 1 Visit 1361664 31 -AIC -1121 B3SE SP1107 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 3 Chlorine pH Sensor PMP -2 Visit 1505448124 31 -AIT -1123 B3SE SP 1107 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 3 Chlorine 1720E FSP - 4 Visit 110100376214 31 -AIT -1122 B3SE SP 1107 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 3 Chlorine CI17 FSP - 4 Visit 101200378842 31 -AIT -1124 B3SE SP 1107 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 4 Chlorine SC1000 FSP - 1 Visit 1366303 31 -AIC -1125 B4SE SP1108 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 4 Chlorine pH Sensor PMP -2 Visit 1505448124 31 -AIT -1127 B4SE SP1108 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 4 Chlorine 1720E FSP -4 Visit 110100376215 31 -AIT -1126 B4SE SP1108 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 4 Chlorine CL17 FSP -4 Visit 101100375554 31 -AIT -1128 B4SE SP1108 2/1/2017 1/31/2018 $1,552.00 Burt Smith Clearwell #2 SC1000 FSP - 1 Visit 1366592 31 -AIC -1302 CFES SP1302 2/1/2017 1/31/2018 $240.00 Burt Smith Clearwell #2 FT660sc FSP -4 Visit 141200496068 31 -AIT -1303 CFES SP1301 2/1/2017 1/31/2018 $1,180.00 Burt Smith Clearwell #2 APA6000 FSP -4 Visit 070900000649 2/1/2017 1/31/2018 $3,837.00 Burt Smith Basin 2 Effuent SC1000 FSP - 1 Visit 1369476 31 -AIC -1025 B2SE SP1008 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 2 Effuent pH Sensor PMP -2 Visit 1505448078 31 -AIT -1027 B2SE SP1008 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 2 Effuent 1720E FSP -4 Visit 110100375686 31 -AIT -1026 B2SE SP1008 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 2 Effuent CI17 FSP -4 Visit 101200378844 31 -AIT -1028 B2SE SP1008 2/1/2017 1/31/2018 $1,552.00 Burt Smith Clearwell #1 Influent SC1000 FSP - 1 Visit 1479151DUP 31 -AIC -1025 CFEN SP1201 2/1/2017 1/31/2018 $240.00 Burt Smith Clearwell #1 Influent FT660sc FSP -4 Visit 141200496067 31 -AIT -1027 CFEN SP1201 2/1/2017 1/31/2018 $1,180.00 Burt Smith Clearwell #1 Influent APA6000 FSP -4 Visit 070900000652 31 -AIT -1026 CFEN SP1201 2/1/2017 1/31/2018 $3,837.00 Burt Smith 3 of 6 Basin 1 Effluent SC1000 FSP - 1 Visit 1366299 31 -AIC -1021 B1PE SP1007 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 1 Effluent pH Sensor PMP -2 Visit 1505448076 31 -AIT -1023 B1SE SP1007 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 1 Effluent 1720E FSP -4 Visit 101200375441 31 -AIT -1022 B1SE SP1007 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 1 Effluent CL17 FSP -4 Visit 101200378843 31 -AIT -1024 B1SE SP1007 2/1/2017 1/31/2018 $1,552.00 Burt Smith High Service 2 SC1000 FSP - 1 Visit 1366325 31 -AIC -1901 HS2 SP1901 2/1/2017 1/31/2018 $240.00 Burt Smith High Service 2 ORP PMP -4 Visit 1101431257 31 -AIT -1906 HS2 SP1901 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 2 pH Sensor PMP -4 Visit 1505448083 31 -AIT -1903 HS2 SP1901 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 2 APA6000 FSP - 4 Visit 070700000638 HS2 SP1901 2/1/2017 1/31/2018 $3,837.00 Burt Smith High Service 2 1720E FSP - 4 Visit 110100376213 31 -AIT -1902 HS2 SP1901 2/1/2017 1/31/2018 $680.00 Burt Smith High Service 2 CI17 FSP - 4 Visit 110100380615 31 -AIT -1904 HS2 SP1901 2/1/2017 1/31/2018 $1,552.00 Burt Smith High Service 1 SC1000 FSP - 1 Visit 1366594 31 -AIC -1803 HS1 SP1801 2/1/2017 1/31/2018 $240.00 Burt Smith High Service 1 ORP PMP -4 Visit 1007431255 31 -AIT -1808 HS1 SP1801 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 1 pH Sensor PMP -4 Visit 1505448080 31 -AIT -1805 HS1 SP1801 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 1 APA6000 FSP -4 Visit 070700000637 HS1 SP1801 2/1/2017 1/31/2018 $3,837.00 Burt Smith High Service 1 1720E FSP -4 Visit 110100376216 31 -AIT -1804 HS1 SP1801 2/1/2017 1/31/2018 $680.00 Burt Smith High Service 1 CL17 FSP -4 Visit 110100380602 31 -AIT -1806 HS1 SP1801 2/1/2017 1/31/2018 $1,552.00 Burt Smith Navigation Pump Station APA6000 FSP -4 Visit 070800000647 2/1/2017 1/31/2018 $3,837.00 Burt Smith Staples St Pump Station APA6000 FSP -4 Visit 070900000650 2/1/2017 1/31/2018 $3,837.00 Burt Smith Staples St Pump Station CL17 FSP -4 Visit 040300009433 intake 2/1/2017 1/31/2018 $1,552.00 Burt Smith Staples St Pump Station CL17 FSP -4 Visit 040700001138 discharge 2/1/2017 1/31/2018 $1,552.00 Burt Smith Sand Dollar Pump Station SC1000 FSP - 1 Visit 1255792 2/1/2017 1/31/2018 $240.00 Burt Smith Sand Dollar Pump Station APA6000 FSP -4 Visit 070900000651 2/1/2017 1/31/2018 $3,837.00 Burt Smith Sand Dollar Pump Station CL17 FSP - 4 Visit 040800001144 tank residual 2/1/2017 1/31/2018 $1,552.00 Burt Smith Sand Dollar Pump Station CL17 FSP -4 Visit 040800001148 intake residual 2/1/2017 1/31/2018 $1,552.00 Burt Smith Sand Dollar Pump Station CL17 FSP -4 Visit 040800001146 discharge residual 2/1/2017 1/31/2018 $1,552.00 Burt Smith Flower Bluff Pump Station SC1000 FSP - 1 Visit 1557615 2/1/2017 1/31/2018 $240.00 Burt Smith Flower Bluff Pump Station APA6000 FSP -4 Visit 131200489552 2/1/2017 1/31/2018 $3,837.00 Burt Smith Flower Bluff Pump Station CL17 FSP -4 Visit 140800503743 2/1/2017 1/31/2018 $1,552.00 Burt Smith Process Lab Instruments 2100Q BenchPlus 14060c033593 2/1/2017 1/31/2018 $329.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150690100343 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150700100351 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150690100348 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150700100349 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150710100356 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments DR900 BenchPlus 142180001009 2/1/2017 1/31/2018 $243.00 Burt Smith 4 of 6 Process Lab Instruments DR900 BenchPlus 142190001018 2/1/2017 1/31/2018 $243.00 Burt Smith Process Lab Instruments Biotector FSP - 2 Visit B5C-208-165 2/1/2017 1/31/2018 $6,194.00 Burt Smith Filter 1 1720E FSP -4 Visit 040700002688 AIT -108-01 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 1 SC100 PMP - 1 Visit 0406570474 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 2 1720E FSP -4 Visit 040700002691 AIT -108-02 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 2 SC100 PMP - 1 Visit 0406570472 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 3 1720E FSP -4 Visit 040700002689 AIT -108-03 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 3 SC100 PMP - 1 Visit 0405570017 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 4 1720E FSP - 4 Visit 040700002675 AIT -108-04 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 4 SC100 PMP - 1 Visit 0405570009 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 5 1720E FSP -4 Visit 040700002686 AIT -108-05 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 5 SC100 PMP - 1 Visit 0405570018 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 6 1720E FSP -4 Visit 040700002670 AIT -108-06 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 6 SC100 PMP - 1 Visit 0406570479 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 7 1720E FSP -4 Visit 040900003970 AIT -108-07 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 7 SC100 PMP - 1 Visit 04055700140 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 8 1720E FSP -4 Visit 040700002681 AIT -108-08 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 8 SC100 PMP - 1 Visit 0406570470 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 9 1720E FSP -4 Visit 101100373937 AIT -108-09 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 9 SC100 PMP - 1 Visit 0405570130 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 10 1720E FSP -4 Visit 101200375514 AIT -108-10 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 10 SC100 PMP - 1 Visit 0409570044 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 11 1720E FSP -4 Visit 040700002673 AIT -108-11 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 11 SC100 PMP - 1 Visit 0406570992 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 12 1720E FSP -4 Visit 040700002696 AIT -108-12 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 12 SC100 PMP - 1 Visit 0405570020 2/1/2017 1/31/2018 $92.55 Burt Smith LAB DR6000 BenchPlus 1550522 2/1/2017 1/31/2018 $1,310.00 Raul Rivas LAB 2100AN BenchPlus 961200000998 2/1/2017 1/31/2018 $371.00 Raul Rivas LAB SL1000 BenchPlus 061200O20485 2/1/2017 1/31/2018 $590.00 Raul Rivas 5 of 6 LAB SL1000 BenchPlus 143601200176 2/1/2017 1/31/2018 $590.00 Raul Rivas LAB SL1000 BenchPlus 150690100347 2/1/2017 1/31/2018 $590.00 Raul Rivas LAB SL1000 BenchPlus 150700100350 2/1/2017 1/31/2018 $590.00 Raul Rivas LAB SL1000 BenchPlus 507001000353 2/1/2017 1/31/2018 $590.00 Raul Rivas Water Quality QC8500 FSP - 1 Visit 100200001167 2/1/2017 1/31/2018 $6,011.00 Marisa Juarez Total Year 1 Price $130,375.60 6of6 Location and Instruments to be serviced at the Water Division are outlined below: City of Corpus Christi SL1000 BenchPlus 143490100177 2/1/2017 1/31/2018 $590.00 Water Quality Water Quality SL1000 BenchPlus 150680100339 2/1/2017 1/31/2018 12/8/2016 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100940 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150690100344 2/1/2017 1/31/2018 Location Instrument Service Serial # Start Date End Date Year 1 Price Contact Water Quality SL1000 BenchPlus 143490100177 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150680100339 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100940 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150690100344 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150680100340 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152300100802 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152670100933 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100934 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152300100803 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100937 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152670100932 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Total Year 1 Price $6,490.00 Attachment B: Bid Pricing/Pricing Schedule 1 H` f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5ERVICEPLUS • P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 iv4 Partnership Number : HACH266929 Version : 0.232 Quotation Date 08 -DEC -16 Expiration Date 07 -JAN -17 Hach Company Service Partnership Service Partnership Contact Finch, Leslie J Phone Email Ifinch@hach.com Customer Ref RENEWAL QUOTE Customer Phone : 361-826-3664 Customer Fax : Customer Contact : Juarez, Lydia Customer Email : LydiaJ@cctexas.com Bill -To Account # 092064 Ship -To Account # 092064 Customer Name CITY OF CORPUS Customer CITY OF CORPUS CHRISTI Payment Terms: Net 30 CHRISTI Name Address4 Address4 Billing Method: Annual -Invoices on START Date Addressl PO BOX 9277 Addressl 13101 LEOPARD ST Currency: USD Address2 Address2 Address3 Address3 City,State, CORPUS City,State, CORPUS PostalCode CHRISTI -TX -78469-9277 Postalcode CHRISTI -TX -78410-4524 Province/ Country US Province/ Country US Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number FSPSC1000 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV400.99.10382 LXV402.99.10002 01 -FEB -17 31 -JAN -20 Fld Svc -1V SC1000 Controller db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366364 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366591 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366597 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1386258 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365747 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365797 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365743 MODULE, PROBE (6 SNSR) SC1000, 8mA ; 1365748 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365739 $15,840.00 -f` f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters Website: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 1.10 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.00002 LXV402.99.10002 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365663 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365674 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366712 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1361664 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366303 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366592 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1369476 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1479151DUP db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366299 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366325 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366594 db MODULE, DISPLAY W/O GSM, SC1000 ; 1255792 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1557615 2 FSPSOLITAX 2.1 LXV423.99.10000 2.2 LXV423.99.10000 2.3 LXV424.99.00100 01 -FEB -17 31 -JAN -20 Fld Svc -2V Solitax Sensor db T -LINE sc/IMMERS 4000NTU WIPER PVC ; 1487867 db T -LINE sc/IMMERS 4000NTU WIPER PVC ; 1487681 db INLINE sc/INSERTION 50g/I WIPER SS ; 1369157 $8,730.00 3 PMP-GLPHORP-4V 3.1 DPD1R1-WDMP 3.2 PD1 R1 P-WDMP 3.3 3725E2T 3.4 DPD1R1-WDMP 3.5 DRD1R5-WDMP 3.6 D3725E2T-WDMP 3.7 DPD1R1-WDMP 3.8 DRD1R5-WDMP 01 -FEB -17 31 -JAN -20 PMP -GLI pH ORP PROBE 4V pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448081 pH Sensor, Ryton, WDMP Mounting ; 1101431258 Electrodeless, Convertible, Poly ; 1303662071 pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448122 ORP Sensor, Ryton, WDMP Mounting,Dig ; 1101431260 Electrodeless Sensor for WDMPsc ;1101660209 pH Sensor, Ryton, WDMP Mounting, Dig ; 1504447401 ORP Sensor, Ryton, WDMP Mounting,Dig ; 1101431259 $68,688.00 ACDHPartnership 1 H ACf HACH SERVICE PARTNERSHIP QUOTATION Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 3.9 D3725E2T-WDMP Electrodeless Sensor for WDMPsc ;1101660210 3.10 D3725E2T-WDMP Electrodeless Sensor for WDMPsc ;15011446345 3.11 D3725E2T-WDMP Electrodeless Sensor for WDMPsc ;1110660535 3.12 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448118 3.13 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448077 3.14 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448121 3.15 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448123 3.16 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448128 3.17 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448082 3.18 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448119 3.19 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448127 3.20 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448124 3.21 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448078 3.22 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448076 3.23 DRD1R5 Digital ORP Sensor,Ryton,Convertible ; 1101431257 3.24 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448083 3.25 DRD1R5 Digital ORP Sensor,Ryton,Convertible ; 1007431255 3.26 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448080 3.27 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448124 4 FSPSS7 4.1 LPV431.99.00002 01 -FEB -17 31 -JAN -20 Fld Svc -2V Surface Scatter 7 SS7 HACH SENSOR ASSY ; 150500525296 $2,478.00 5 FSPCLX10 01 -FEB -17 31 -JAN -20 Fld Svc -2V CLx10 (free or total) Field Service includes: All parts, labor, and travel for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see $11,712.00 1H I-IACQUOTATION HACH SERVICE PARTNERSHIP Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance SE R VI C. E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 5.1 5.2 5.3 5.4 9180600 9180600 9180600 9180600 service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. Coverage does NOT include: sc 200 nor the probes (pH, Conductivity, ORP) PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003207 PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003208 PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003205 PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003198 6 FSPCL17 01 -FEB -17 31 -JAN -20 Fld Svc -2V CL17 CI(current) Field Service includes: All parts, labor, and travel for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 6.1 5440260 oo CHLORINE ANALYZER W/NETWORK BD ; 101200376567 6.2 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376566 6.3 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376565 6.4 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200377642 6.5 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101200378842 6.6 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101100375554 6.7 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101200378844 6.8 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101200378843 $51,840.00 1 H`H f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 5440000 5440000 5440000 5440200 5440200 9700400 5440200 5440000 CL17 FINAL ASSEMBLY W/KITS ; 110100380615 CL17 FINAL ASSEMBLY W/KITS ; 110100380602 CL17 FINAL ASSEMBLY W/KITS ; 040300009433 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040700001138 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001144 00 980 FLOW METER W/DISPLAY ;040800001148 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001146 CL17 FINAL ASSEMBLY W/KITS ; 140800503743 7 FSP1720E 01 -FEB -17 31 -JAN -20 Fld Svc -4V 1720E Turb Sensor Field Service includes: All parts, labor, and travel for on-site repairs, 4 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 7.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 101100373922 7.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 101100373916 7.3 6010160 nn 1720E TURB, INST. ONLY, EU1 ; 101100375251 7.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376214 7.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376215 7.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100375686 7.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 101200375441 7.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376213 7.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376216 7.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 040700002688 $44,880.00 ACDHPartnership 1 H ACf HACH SERVICE PARTNERSHIP QUOTATION Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 040700002691 1720E LR TURBIDITY SENSOR, HACH ; 040700002689 1720E LR TURBIDITY SENSOR, HACH ; 040700002675 1720E LR TURBIDITY SENSOR, HACH ; 040700002686 1720E LR TURBIDITY SENSOR, HACH ; 040700002670 1720E LR TURBIDITY SENSOR, HACH ; 040900003970 1720E LR TURBIDITY SENSOR, HACH ; 040700002681 1720E LR TURBIDITY SENSOR, HACH ; 101100373937 1720E LR TURBIDITY SENSOR, HACH ; 101200375514 1720E LR TURBIDITY SENSOR, HACH ; 040700002673 1720E LR TURBIDITY SENSOR, HACH ; 040700002696 1720E LR TURBIDITY SENSOR, HACH ; 101200375248 8 FSPFT660SC 01 -FEB -17 31 -JAN -20 Fld Svc -4V FT660sc Turb Sensor 8.1 LPV421.99.00012 FT660sc Sensor Only, HACH ; 141200496068 8.2 LPV421.99.00012 FT660sc Sensor Only, HACH ; 141200496067 $7,080.00 9 FSPAPA6000 01 -FEB -17 31 -JAN -20 Fld Svc -4V APA6000 - ALL 9.1 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000649 9.2 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000652 9.3 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070700000638 9.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070700000637 9.5 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070800000647 9.6 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000650 9.7 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000651 9.8 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 131200489552 $92,088.00 10 BSPPLUS2100Q 01 -FEB -17 31 -JAN -20 BenchPlus-2100Q The Bench Service Plus includes: Factory repairs only, one Start-up or one PM/Calibration on site per year, unlimited technical support $987.00 1 H`H f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 10.1 2100Q01 calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. rr 2100Q PORTABLE TURBIDIMETER ; 140600033593 11 BSPPLUSSL1000 01 -FEB -17 31 -JAN -20 BenchPlus SL1000 The Bench Service Plus includes: Factory repairs only, one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 11.1 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150690100343 11.2 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150700100351 11.3 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150690100348 11.4 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150700100349 11.5 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150710100356 11.6 4700100 ff2100AN LAB TURB, EPA 180.1 ; 061200020485 11.7 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150690100347 11.8 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150700100350 11.9 9430000 ee ASSY, INSTRUMENT, SL1000 ; 507001000353 11.10 9430000 ee ASSY, INSTRUMENT, SL1000 ; 143460100176 $17,700.00 12 BSPPLUSDR900 01 -FEB -17 31 -JAN -20 BenchPlus-DR900 The Bench Service Plus includes: Factory repairs only, one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 12.1 9385100 rr DR 900 COLORIMETER, HACH ;142180001009 12.2 9385100 rr DR 900 COLORIMETER, HACH ;142190001018 $1,458.00 13 FSPBIOTECTOR B3500C 01 -FEB -17 31 -JAN -20 Fld Svc BioTector B3500C 2 VST B3500C Service Agreement includes: All parts, labor, and travel $18,582.00 i yn r_ HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Purchase Orders WebSite: www.hach.com Remittance 2207 Collections Center Dr Chicago, IL 60693 Wire Transfers Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 EFVICEPLI CERTIFIED FROCVNE for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. On-site response for "down" instrument repairs is typically 3 business days. Standard business hours are 8am-5pm M -F local time, excluding holidays. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 13.1 B5ACAA052AAC2 dd B3500 0-25PPM 1 STR+MAN 120 VAC ; B5C-208-165 14 BSPPLUSDR6000 01 -FEB -17 31 -JAN -20 BenchPlus-DR6000 The Bench Service Plus includes: Factory repairs only, one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 14.1 LPV441.99.00012 db DR 6000 UV VIS SPECTROPHOTOMETER W RFID TECHNOLOGY ; 1550522 $3,930.00 15 FSP2100AN 01 -FEB -17 31 -JAN -20 Fld Svc -1V 2100AN Turb 15.1 4700100 ff2100AN LAB TURB, EPA 180.1 ; 961200000998 $1,113.00 16 FSPQC8500 01 -FEB -17 31 -JAN -20 Fld Svc -1V QC8500 Complete Sys Lachat Instruments, a Hach Co. brand, announces the end of support for several discontinued components sold with previous QuikChem Flow Injection Analyzer and IC platforms. Please refer to list below for instruments no longer support: Pumps: - Ismatec analog peristaltic pump (support ended Jan 2009) - Watson Marlow peristaltic pump (support ended Jan 2009) Samplers: - AIM1250 autosampler (support ended Jan 2009) - Gilson autosampler (support $18,033.00 H yn r_ HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Purchase Orders WebSite: www.hach.com Remittance 2207 Collections Center Dr Chicago, IL 60693 Wire Transfers Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 EFVICEPLI CERTIFIED FROCVNE ended Jan 2009) - RAS autosampler (support ended Jan 2009) - ASX400 autosampler (support ends Dec. 15, 2010) Dilutors: - DRD autodilutor (support ends Dec. 15, 2010) Block Digesters: - BD -26 block digester (support ends Dec. 15, 2010) IC5000 analyzer (support ends Dec. 15, 2010) The support period for these system components expires as noted above. At the stated time, Lachat will no longer be able to provide repair service for these items. It is recommended that customers upgrade to current FIA system peripheral components in order to continue receiving the highest level of service and support. 16.1 A58102 CORE UNIT, 115V, QC8500 S2 ; 100200001167 17 HACH PM 4 VISIT 01 -FEB -17 31 -JAN -20 4 ON SITE VISITS 17.1 FIELD CONTRACT Field Service Contract site visit ; SITE HACH266929 $0.00 18 WRTUPGXTRVST 01 -FEB -17 31 -JAN -20 2 ADDITIONAL VISITS FOR EACH CL17 "Extra site visit for customers already under a service plan. Instruments eligible for extra visit are as follows (A visit per each listed item except if controller is already included): 1720E/Controller, All key Sensors (Nitratax, Solitax, Phosphax, Sonatax, CL17, CLF10, CLT10, All Spectrophometers, All Colorimeters, SC1000, All Portable Turbs (2100xx)" 18.1 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376567 18.2 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376567 18.3 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376566 $22,656.00 -f` f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters Website: www.hach.com Remittance $ E RVI C. E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 18.4 5440260 18.5 5440260 18.6 5440260 18.7 5440260 18.8 5440260 18.9 5440000 18.10 5440000 18.11 5440000 18.12 5440000 18.13 5440000 18.14 5440000 18.15 5440000 18.16 5440000 18.17 5440000 18.18 5440000 18.19 5440000 18.20 5440000 18.21 5440000 18.22 5440000 18.23 5440200 18.24 5440200 18.25 5440200 18.26 5440200 18.27 9700400 18.28 9700400 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376566 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376565 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376565 0o CHLORINE ANALYZER W/NETWORK BD ; 101200377642 0o CHLORINE ANALYZER W/NETWORK BD ; 101200377642 CL17 FINAL ASSEMBLY W/KITS ; 101200378842 CL17 FINAL ASSEMBLY W/KITS ; 101200378842 CL17 FINAL ASSEMBLY W/KITS ; 101100375554 CL17 FINAL ASSEMBLY W/KITS ; 101100375554 CL17 FINAL ASSEMBLY W/KITS ; 101200378844 CL17 FINAL ASSEMBLY W/KITS ; 101200378844 CL17 FINAL ASSEMBLY W/KITS ; 101200378843 CL17 FINAL ASSEMBLY W/KITS ; 101200378843 CL17 FINAL ASSEMBLY W/KITS ; 110100380615 CL17 FINAL ASSEMBLY W/KITS ; 110100380615 CL17 FINAL ASSEMBLY W/KITS ; 110100380602 CL17 FINAL ASSEMBLY W/KITS ; 110100380602 CL17 FINAL ASSEMBLY W/KITS ; 040300009433 CL17 FINAL ASSEMBLY W/KITS ; 040300009433 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040700001138 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040700001138 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001144 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001144 00 980 FLOW METER W/DISPLAY ;040800001148 00 980 FLOW METER W/DISPLAY ;040800001148 1 H`H f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance $ E R VIC.EPLUS • P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 18.29 18.30 18.31 18.32 5440200 5440200 5440000 5440000 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001146 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001146 CL17 FINAL ASSEMBLY W/KITS ; 140800503743 CL17 FINAL ASSEMBLY W/KITS ; 140800503743 19 PMP-SC100-1V 01 -FEB -17 31 -JAN -20 PMP-SC100-1V 19.1 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570474 19.2 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570472 19.3 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570017 19.4 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570009 19.5 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570018 19.6 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570479 19.7 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 04055700140 19.8 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570470 19.9 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570130 19.10 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0409570044 19.11 LXV401.52.02002 oo as SC100, Hach, Modbus 486 ; 0406570992 19.12 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570020 $3,331.80 20 ADMIN_HANDLING_MYA 01 -FEB -18 31 -JAN -19 PRICE INCREASE YEAR 2 $3,911.00 20.1 CONTRACT SPECIAL ITEM 21 ADMIN HANDLING MYA 01 -FEB -19 31 -JAN -20 PRICE INCREASE YEAR 3 $7,940.00 21.1 CONTRACT SPECIAL ITEM Sub Total : $402,977.80 Tax: $0.00 Total : $402,977.80 Partnership Notes : CONFIRMATION OF TYPE OF PAYMENT IS DUE AT THE TIME OF PARTNERSHIP ACTIVATION. ************************************************************************ ANNUAL COST BREAKDOWN NOTED BELOW: YEAR 1 SERVICE @ $130,375.60 * YEAR 2 SERVICE @ $134,286.60 * YEAR 3 SERVICE @ $138,315.60* * PRICING SUBJECT TO CHANGE WITH EQUIPMENT CHANGES 1 H` f Partnership Number : HACH602750 HACH SERVICE PARTNERSHIP QUOTATION Headquarters WebSite: www.hach.com Remittance SERVICEPLUS ' P.O. Box 389 2207 Collections Center Dr .ERTIFIED FRD 9,, S 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 iv4 Partnership Number : Hach Company Contact HACH602750 Finch, Leslie J Customer Ref RENEWAL QUOTE Customer Phone : 361-826-3619 Version : Service Partnership Phone Customer Fax : 0.53 Quotation Date 08 -DEC -16 Expiration Date : 06 -FEB -17 Service Partnership Email Ifinch@hach.com Customer Contact : Valdez, Domingo Customer Email : DomingoV@cctexas.com Bill -To Account # 092064 Customer Name CITY OF CORPUS CHRISTI Address4 Addressl PO BOX 9277 Address2 Address3 City,State, CORPUS PostalCode Province/ Country CHRISTI -TX -78469-9277 US Ship -To Account # 092064 Customer Name Address4 Address 1 Address2 Address3 City,State, Postalcode Province/ Country CITY OF CORPUS CHRISTI 13101 LEOPARD ST CORPUS CH RISTI-TX-78410-4524 US Payment Terms: Net 30 Billing Method: Annual -Invoices on START Date Currency: USD Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number BSPPLUSSL1000 1.1 1.2 1.3 1.4 1.5 9430000 9430000 9430000 9430000 9430000 01 -FEB -17 31 -JAN -20 BenchPlus SL1000 The Bench Service Plus includes: Factory repairs only, one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. ee ASSY, INSTRUMENT, SL1000 ; 143490100177 ee ASSY, INSTRUMENT, SL1000 ; 150680100339 ee ASSY, INSTRUMENT, SL1000 ; 152680100940 ee ASSY, INSTRUMENT, SL1000 ; 150690100344 ee ASSY, INSTRUMENT, SL1000 ; 150680100340 $19,470.00 I ACf Partnership Number : HACH602750 HACH SERVICE PARTNERSHIP QUOTATION Headquarters Website: www.hach.com Remittance `aERVICEPL S' P.O. Box 389 2207 Collections Center Dr .ERTIFIEQ FRouR,Ms 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 1.6 1.7 1.8 1.9 1.10 9430000 9430000 9430000 9430000 9430000 9430000 ee ASSY, INSTRUMENT, SL1000 ; 152300100802 ee ASSY, INSTRUMENT, SL1000 ; 152670100933 ee ASSY, INSTRUMENT, SL1000 ; 152680100934 ee ASSY, INSTRUMENT, SL1000 ; 152300100803 ee ASSY, INSTRUMENT, SL1000 ; 152680100937 ee ASSY, INSTRUMENT, SL1000 ; 152670100932 2 HACH PM 1 VISIT 01 -FEB -17 31 -JAN -20 1 ON SITE VISIT 2.1 FIELD CONTRACT Field Service Contract site visit ; SITE HACH602750 $0.00 3 ADMIN_HANDLING_MYA 01 -FEB -18 31 -JAN -19 PRICE INCREASE YEAR 2 $65.00 3.1 CONTRACT SPECIAL ITEM 4 ADMIN_HANDLING_MYA 01 -FEB -19 31 -JAN -20 PRICE INCREASE YEAR 3 $201.00 4.1 CONTRACT SPECIAL ITEM Sub Total : $19,736.00 Tax: $0.00 Total: $19,736.00 Partnership Notes : CONFIRMATION OF TYPE OF PAYMENT IS DUE AT THE TIME OF PARTNERSHIP ACTIVATION. ************************************************************************ ANNUAL COST BREAKDOWN NOTED BELOW: YEAR 1 SERVICE @ $6,490.00 * YEAR 2 SERVICE @ $6,685.00 * YEAR 3 SERVICE @ $6,691.00 * * PRICING SUBJECT TO CHANGE WITH EQUIPMENT CHANGES ************************************************************************ 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 Utilities Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Construction contracts of more than (5) five million dollars require Umbrella Liability 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 Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 7. Underground Hazard (If Applicable) $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 Insurance Which Complies with the Texas Workers' Compensation Act & 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 Utilities Equipment Installation - ON Stevens Water Treatment Plant. 09/23/16 my Risk Management Attachment C: Bond Requirements No bond requirement is required for the service agreement. 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 parlfes. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hach Company Loveland, CO United Stales 2 Name of governmental entity or state agency that is a party to the contract for which the foram is being filed, CITY OF CORPUS CHRISTI OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-135662 Date Filed: 11/10/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to he provided under the contract. HACH266929 & HACH602750 Field Instrument service for Hach Company manufactured water analysts Instrumentation owned by City of Corpus Christi 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check appllcabie) Controlling Intermediary 5 Check only if there is NO Interested Party. X❑ 6 AFFIDAVIT HEATHER C. LOONEY NOTARY PUBLIC STATE OF COLORADO rd NOTARY ID 20114048712 MAY COMMISSION EXPtRESAUGUsT 11.20. 1 AFFIX NOTARY STAMP 1 SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct. Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said I ► l ( C 6 etslei , This the 1 0rr- day of d 20 14 , to certify which witness my hand and seal of office. Signature of officer administering oath ed name of officer administering oath sEgvicc k( Title of officer administering oath Forms provided ny texas Ethics commission / www.ethics,state.tx,us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Concession Agreement for In -Terminal Advertising CAPTION: Motion authorizing the City Manager or designee to execute a concession agreement with In -Ter -Space Services, Inc., doing business as Clear Channel Airports, of Allentown, Pennsylvania, for in -terminal advertising services at the Corpus Christi International Airport for a term of five years, with one five-year renewal option, with a minimum annual revenue guarantee of $60,000 or 45% of gross receipts, whichever is greater. PURPOSE: Staff is recommending a concession agreement for In -Terminal Advertising in order to increase revenue for the Corpus Christi International Airport. BACKGROUND AND FINDINGS: In December 2015, Corpus Christi International Airport (CCIA) sent out a Request for Proposals for an Advertising Concessionaire to operate inside the airport terminal. Airport staff requested a program that would maximize revenue for the airport while maintaining the clean, coastal, open-air aesthetic that exists inside the terminal. CCIA established advertising zones and asked proposers to create an advertising program within those zones. Like most commercial airports in the United States, CCIA seeks a third party to manage the In -Terminal Advertising program because of the expertise required to develop, market, and execute the selling of Ad space in large, public buildings. With a concession agreement in place, the airport is guaranteed a minimum annual payment or a percentage of gross revenue generated by the program, whichever is greater. A Request for Proposal No. 89 (RFP) as issued December 2015 for these services. Three firms submitted their proposal and were evaluated against the criteria outlined in the RFP. The Evaluation Committee looked at the proposer's plan, experience, background qualifications, marketing plan and investment and projected revenue to determine which firm would provide the best value for the City. In -Ter -space dba Clear Channel Airports received the highest number of points in the evaluation process and is therefore being recommended for award. ALTERNATIVES: No viable alternative exists OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $13,952.85 $0.00 $13,952.85 Encumbered / Expended Amount This item (additional revenue) $60,000.00 $240,000.00 $300,000.00 BALANCE $73,952.85 $240,000.00 $313,952.85 Fund: Airport Comments: The anticipated revenue has been appropriated into the budget for 2016- 2017 Fiscal Year. RECOMMENDATION: Airport Staff recommends the approval of the concession agreement. LIST OF SUPPORTING DOCUMENTS: Concession Agreement Form 1295 Evaluation Matrix CORPUS CHRISTI INTERNATIONAL AIRPORT IN -TERMINAL ADVERTISING CONCESSION AGREEMENT This concession agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or designee ("City Manager") and In -Ter -Space Services, Inc., a Pennsylvania corporation, doing business as Clear Channel Airports ("Concessionaire") as of the date of the last signature ("Effective Date"). WHEREAS, the City owns and operates the Corpus Christi International Airport, located in Corpus Christi, Nueces County, Texas ("Airport"), acting by and through its Director of Aviation or the Director of Aviation's designee ("Director"); WHEREAS, the Airport wishes to provide for the proper and efficient use of advertising spaces inside the Airport terminal building; and, WHEREAS, the City and Concessionaire desire to enter into a five-year Agreement to provide in -terminal advertising services at the Airport; NOW, THEREFORE, City and Concessionaire, in consideration of the mutual covenants and conditions stated in this Agreement, agree as follows: Section 1. Term; Option Term. The term of this Agreement ("Term") is for a period of five years and commences upon the 120th day following the Effective Date, as evidenced by the issuance of a notice to proceed by the Director, on behalf of the City, containing the start and end dates of the Term. The Agreement may be extended for an optional five-year period ("Option Term") upon mutual written consent of the parties. In order to exercise the Option Term under the same terms and conditions as contained in the Agreement, both parties must agree in writing to the exercise of the Option Term not less than 180 days prior to the expiration of the initial Term. Exercise of the Option Term by the parties may be effectuated by a letter agreement signed by both parties. In the event the parties do not mutually execute a letter agreement to exercise the Option Term, this Agreement terminates at the end of the initial Term. Section 2. Advertising Zones. A. Concessionaire shall have the non-exclusive right to use the advertising zones, designated on Exhibit A, which exhibit is attached and incorporated into this Agreement, for advertising in accordance with this Agreement. Notwithstanding the foregoing, Concessionaire shall have the right of first refusal to any new forms, concepts or methods of advertising in the advertising zones designated on Exhibit A, provided, the Concessionaire is not then -presently in breach of this Agreement. Exercise of this right of first refusal, however, is at all times conditioned upon the City's prior reservation of the right to establish displays that promote the Coastal Bend region when such display requests are from community related organizations, such as from local educational institutions and nonprofit entities. City shall have the right to modify Exhibit A, in consultation with Concessionaire, during the Term and any Option Term of this Agreement. The advertising zones must be used by Concessionaire solely Page 1 of 17 for the purposes of general advertising, pursuant to Concessionaire's displays and marketing plan as strictly agreed to by the City and incorporated in Exhibit A, and for no other purpose unless preapproved in writing by the Director. B. Concessionaire shall have the right to enter into agreements to allow third parties to advertise at the Airport through use of the advertising zones. Concessionaire's method of operation and the prices and rates charged to third parties shall be subject to prior written approval of the Director. C. City reserves the right to (i) install, or award a third -party contract to install, television/video monitors and stand-alone kiosks for the purpose of promoting the City and providing Airport and local community information to the traveling public; (ii) install, or award a third -party contract to install, Internet -access kiosks which may have associated advertising; and (iii) permit advertising placed directly on baggage carts designed for individual use by passengers. In -terminal tenants shall retain their rights to advertise their individual on -Airport businesses in and on sites and spaces leased by such Airport tenants. Section 3. Fees, Payments, and Records. A. Fees. In consideration of the foregoing, during the first 12 months of the Term, the Concessionaire shall pay to the City the greater of: (i) the minimum annual guarantee ("Minimum Annual Guarantee") of $60.000 or (ii) 45% of the gross receipts derived from its operations at the Airport ("Gross Receipts"). During the second through the fifth contract years of the Term and any Option Term if exercised, the Concessionaire shall pay to the City the greater of: (i) the Minimum Annual Guarantee of 85% of the previous year's revenue paid to the Airport by Concessionaire but never less than $60.000 or (ii) 45% of the Gross Receipts. Fees are payable beginning on the start date of this Agreement. 1. Gross Receipts. The term "Gross Receipts" as used in this Agreement means all revenues derived by Concessionaire, including any agent of Concessionaire, from its operations relating to advertising at the Airport from any source whatsoever. It is expressly provided, however, that Gross Receipts does not include: a. The amount of any separately -stated federal, state, and local sales or use taxes imposed upon Concessionaire's customers and collected by Concessionaire (the sale Tess any applicable taxes will be reported to the City); b. The amount actually paid by the Concessionaire as commissions or fees to advertising agencies or selling agents not employed by Concessionaire (not to exceed 15% on any particular transaction); c. Up to 3% of Gross Receipts which are deemed uncollectible by the Concessionaire after prudent collection efforts; provided, that the Concessionaire shall document such uncollectible amounts in its annual payment reports to the City. If the uncollected amounts are eventually Page 2 of 17 recovered by the Concessionaire, the Concessionaire agrees to remit any payments due of the recovered amounts in accordance with the terms of this Agreement; and d. Any direct costs by advertisers in connection with unaffiliated third party design, fabrication or installation of any advertiser's specialty or custom display/graphics. Concessionaire shall not mark-up any such pass-thru costs paid by advertisers. B. Payment of Fees. Concessionaire shall pay to the City, in advance and without demand, on or before the 1st day of each calendar month for which fees are payable during the Term of this Agreement, and any Option Term if exercised, an amount equal to 1/12th of the Minimum Annual Guarantee, as further defined below and as is applicable, plus any sales or other taxes due and payable in connection therewith without deduction or set-off. Concessionaire shall further pay to the City, without demand, on or before the 20th day of the month next following each calendar month for which fees are payable during the Term of this Agreement, and any Option Term if exercised, a sum of money equal to the amount, if any, by which 45% of the Concessionaire's Gross Receipts for the previous calendar month exceeds 1/121h of the Minimum Annual Guarantee applicable for such month, along with submission of a detailed reconciliation report. C. Monthly Reports. Concessionaire shall submit all reports, along with the required fees, to the address shown in this Agreement until changed by written notification by the City, or at such other place as the City may designate in writing from time to time. Concessionaire shall provide the City with a statement, signed by an officer of Concessionaire, in a form and with such detail as the City may reasonably request, setting forth Concessionaire's Gross Receipts during such preceding calendar month (for which payment is being remitted) and separately identifying all receipts derived by Concessionaire during such calendar month which have been excluded from Concessionaire's computation of Gross Receipts. All computations by Concessionaire in the determination of Gross Receipts shall be made in accordance with generally accepted accounting principles, and in the event of a disagreement, the City's determination shall prevail. D. Annual Certification and Adiustment. Within 60 days after the close of each 12 - month period for which fees are due and payable under this Agreement, Concessionaire, at its own cost and expense, shall provide to City a written statement of an independent certified public accountant certifying (i) the actual amount of Gross Receipts for such 12 -month period, (ii) the amount of fees already paid by Concessionaire to the City for such period, and (iii) the amount, if any, by which the fees payable for such period have been overpaid or underpaid by Concessionaire. If such statement indicates that the fees for such period have been overpaid, and such statement has been verified and finally accepted in writing by the City, then the amount of such overpayment will be credited to the fees next due and owing from Concessionaire, unless the Term (or Option Term, if applicable) of this Agreement has expired, in which event such amount will be promptly refunded by the City to Concessionaire. If such statement indicates that the fees for such period have been Page 3 of 17 underpaid, then Concessionaire shall pay to the City, within 10 calendar days of submission of the statement, the amount remaining due for such period, together with interest at the rate of 18% per annum, or the maximum interest rate allowed by law, from the date such amount should have been originally paid and remitted. E. Books and Records; City's Right to Examine and Audit. Concessionaire shall at all times during the Term and the Option Term, if exercised, and for a period of at least five years following the termination or expiration of this Agreement, maintain complete and accurate books and records of all receipts from its operations relating to the Airport in a form consistent with generally accepted accounting principles and in a manner sufficient to substantiate its calculation of payments due under the Agreement. Such books and records must contain an itemized record of all Gross Receipts by such categories of activities as shall be acceptable to City and of all other receipts derived by Concessionaire from its operations relating to the Airport. All such books and records of Concessionaire must be made available for inspection, examination, and copying by the City, its representatives, and designated agents at a location specified by the City within five days after written request, and this duty of Concessionaire shall continue for a period of not less than five years after the termination or expiration of this Agreement. City shall also have the right, at any time during this Agreement and for a period of five years after the termination or expiration of this Agreement, upon reasonable written notice to Concessionaire and at the City's expense, to cause an audit to be made of the books and records of Concessionaire which relate to its operations relating to the Airport to determine the correctness of the fees paid by Concessionaire to City for any or all of the years covered by this Agreement. If, as a result of such audit, it is established that additional fees are due from Concessionaire to City for the period of time reviewed, Concessionaire shall pay to the City, within 10 days after the date of a written demand from City, such additional fees, together with interest at the rate of 18% per annum, or the maximum interest rate allowed by law, from the date such additional fees should have been originally paid and remitted. Further, if such audit finds that Concessionaire understated and underpaid the fees for any 12 -month period by 3% or more, then the entire expense of such audit shall be bome by Concessionaire. The Concessionaire acknowledges and agrees that the City's rights under this paragraph and Concessionaire's remittance obligations under this paragraph survive the termination or expiration of this Agreement. F. Additional Sums Due City. If the City has paid any sum or sums or has incurred any obligation or expense for which Concessionaire agreed to pay or reimburse the City, or if City is required or elects to pay any sum or sums or incurs any obligations or expenses because of the failure, neglect, or refusal of Concessionaire to perform or fulfill any of the terms or conditions of this Agreement, then the same shall be deemed additional fees due under this Agreement by Concessionaire, and Concessionaire shall, immediately upon demand by the City, reimburse the City all such sums and expenses. G. Adjustments to the Minimum Annual Guarantee 1. If the number of recorded enplaned passengers at the Airport declines by 20% or more in a 12 -month period as shown in the Airport's general activity report, Concessionaire's Minimum Annual Guarantee for that 12 -month period will be Page 4 of 17 reduced in percentage proportionate to the percentage of passenger decline; provided, Concessionaire evidences the proportional decrease in advertising revenue at the Airport for the same period. At the point the number of enplaned passengers increases and the threshold is re-established over a rolling 12 -month period, the Minimum Annual Guarantee will be adjusted to the amount in effect at the time of the reduction. 2. The monthly 1/12th payment of the Minimum Annual Guarantee due shall be subject to a proportional reduction where a display case or other display advertisement in an advertising zone designated on Exhibit A was visually obstructed or subject to electric supply failure for more than three days without fault of Concessionaire. Section 4. Concessionaire's Obligations. A. Concessionaire shall, at its sole expense, provide and install all displays and related fixtures and equipment required to provide advertising and perform under this Agreement. Such signs, fixtures, and equipment which Concessionaire may install must be of high quality, safe, modern in design, attractive in appearance, and must be in keeping with the general decor of the Airport and terminal. 6. Concessionaire shall at all times during this Agreement maintain and operate the displays in a first-class manner and shall keep them in a safe, clean, orderly and attractive condition satisfactory to City. Concessionaire shall maintain a sufficient number of trained personnel to ensure the proper solicitation, promotion and development of the market for advertising. AH such personnel, while on or about the Airport, shall be polite, clean, appropriately attired and neat in appearance. C. Concessionaire shall charge reasonable prices for the advertising offered and will not unfairly discriminate as between advertisers. Concessionaire will make a major effort to obtain advertising business from local and state businesses, industries, hotels and resorts. Concessionaire shall give first consideration to businesses, industries, hotels and resorts located in Corpus Christi. In addition, Concessionaire shall include a "City promotion" as part of its advertising program. 1. Concessionaire shall use commercially reasonable efforts to solicit and procure advertising and keep all displays filled with revenue-producing advertising. Concessionaire shall report, as required by the City, on its efforts and success in attaining the advertising. If, at any time, City reasonably determines that Concessionaire has failed to make such commercially reasonable efforts to solicit and procure advertising, City, following reasonable notice to the Concessionaire to cure and Concessionaire's failure to affect such cure, may terminate this Agreement pursuant to Section 10. At times when an advertising display is not under contract and not earning revenue, Concessionaire must fill such space with an Airport or City promotion filler developed by the Concessionaire, approved in advance by the Director, and made available at no charge. Page 5 of 17 2. Concessionaire shall ensure that the subject matter of all advertising on the displays is limited to those advertisements which propose a commercial transaction or constitute a public service announcement. "Commercial transaction" does not include purely political or religious messages lacking a proposed business transaction. The content of the displays must not (i) advertise alcohol or tobacco products; (ii) relate to an illegal activity; (iii) depict violence or contain words or images that arouse anger, alarm or resentment to an ordinary person of reasonable sensibilities; (iv) advertise services in direct competition with the City's business objectives; (v) contain obscene matter or contain statements or words of an obscene, indecent or immoral character, or contain any picture or illustration of the human figure in such detail as to offend public morals or common decency; (vi) be false, misleading or deceptive; or (vii) contain material that is offensive to an ordinary person of reasonable sensibilities. 3. Each third -party contract, to include the style of advertising and the space to be utilized by Concessionaire under such contract, is subject to the prior written approval of the Director. No advertising contract entered into by the Concessionaire or its agents may extend beyond the Term (or Option Term, if exercised and applicable in context) without the express written consent of the Director. 4. All third -party contracts for advertising will be between the Concessionaire and the advertiser. The City must be shown as a beneficiary in each such contract. All such agreements, displays, prices and rates charged are subject to the prior written approval of the Director, and a copy of each such contract must be provided to the Director. In the event of an early termination of this Agreement, the City shall have the right to receive all proceeds due under such third -party contracts for the period after such termination. 5. The City, acting through the Director, retains the right to reasonably require the Concessionaire to physically adjust, relocate, or remove advertising displays, fixtures, and equipment, in order to improve the appearance of advertising space and facilities. If the Concessionaire is required to relocate or remove an advertising display, the actual verifiable costs of relocation, removal and disassembling the advertising display and re -assembling them on the new site shall be borne by the City. D. Concessionaire may not install nor operate vending machines for the sale of food, candy, gum, soft drinks, tobacco products, newspapers, insurance contracts, nor any other coin operated device including, but not limited to, telephones, television sets, radios and amusement devices. E. The Concessionaire shall obtain prior written approval from the Director before installing any fixtures or equipment which requires electrical connections or any changes in equipment installed at the Airport. If the electrical requirements for certain displays are greater than the normal electrical output of the supply and distribution system, the Concessionaire shall make all necessary changes and additions to the electrical wiring at its sole cost and expense. Page 6 of 17 F. Concessionaire shall retain ownership of all Concessionaire -installed displays and fixtures. Provided that Concessionaire is not then in default under this Agreement, upon termination or expiration of this Agreement, Concessionaire shall, at its own expense, remove all of its personal property, including fixtures and equipment, from the Airport within 15 days, provided, that such removal can be accomplished without material injury to the Terminal. Concessionaire, at its sole expense, shall repair to the City's satisfaction any damage caused to the Terminal as a result of such removal and return each advertising space at the Airport to the same condition it was in at the time such displays and fixtures were placed thereon by the Concessionaire, ordinary wear and tear excepted. Any personal property of Concessionaire not so removed within the time period set out in this paragraph becomes the sole property of City without further notice to Concessionaire, and the City may dispose of such property by donation, salvage, or destruction without compensation to Concessionaire. G. Concessionaire shall at all times retain an active, qualified, competent and experienced sales representative to supervise Concessionaire's advertising operations and who is authorized to represent and act for Concessionaire. The City reserves the right to interview the primary sales representative assigned to the management of the operations at the Airport. H. Concessionaire shall observe and obey all applicable federal, state, and local laws, ordinances, rules, and regulations including, but not limited to, all rules and regulations of the City applicable to Concessionaire's operations on and in connection with the Airport as well as the Americans with Disabilities Act and any other federal acts applicable to entities that operate at the Airport. I. Concessionaire will include participation by disadvantaged business enterprises ("DBE"), as defined in 49 CFR Part 23, in its advertising program and provide evidence of same upon request by the Director. J. Concessionaire shall pay before delinquency any and all taxes levied or assessed against it or by reason of its personal property located in the Airport advertising zones; taxes levied or assessed because of Concessionaire's right to possession of the advertising zones and fixtures, displays, and improvements therein; all applicable taxes levied or assessed by any governmental entity or boy as a result of Concessionaire's operations; and all taxes which may be levied or assessed as a result of the fees payable by Concessionaire under this Agreement. All such taxes and assessments for partial years shall be apportioned and adjusted on a time basis. K. Concessionaire may use subcontractors in connection with the services performed under this Agreement. When using subcontractors, however, the Concessionaire must obtain prior written approval from the Director. In using subcontractors, the Concessionaire is responsible for all of their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Concessionaire. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. Page 7 of 17 Section 5. Improvements to the Premises. The size, location, text, appearance, plans, and specifications of Concessionaire's advertising displays are subject to the advance approval of the Director. Following approval, such improvements must be made or such fixtures and equipment installed in strict accordance with the approved plans and specifications and in accordance with all applicable state and local building and health codes and rules and regulations. Concessionaire shall obtain all necessary licenses and permits to accomplish such work, and Concessionaire warrants to City that all such improvements shall be free and clear of any claims, liens, and encumbrances. Section 6. Performance Bond. Concessionaire shall provide to the City, upon execution of this Agreement and prior to commencing operations under this Agreement, a performance bond in an amount equal to one year of the then current Minimum Annual Guarantee (the "Performance Bond"). The Performance Bond must be conditioned to ensure the full and faithful performance by Concessionaire of its obligations under this Agreement, including the timely payment of fees, and must stand as security for the payment by Concessionaire of any claim by City against Concessionaire. The Performance Bond must be in such form and with such company licensed to do business in the State of Texas as is acceptable to the City in its reasonable discretion. The Performance Bond must be maintained and kept in full force and effect during the Term and any Option Term. If, at any time during this Agreement, the Performance Bond amount is less than the then current Minimum Annual Guarantee amount, upon notice to Concessionaire, Concessionaire shall immediately increase the Performance Bond amount to the then required current Minimum Annual Guarantee amount. Section 7. Repairs, Alterations, and Maintenance. A. City's Right to Repair or Alter Facilities. Notwithstanding any other provisions in this Agreement, City retains the right to make any repairs, alterations and additions to the Airport terminal ("Terminal") deemed necessary or required by the City in its sole discretion. Should a portion or portions of the advertising zones be eliminated, the Minimum Annual Guarantee will be reduced proportionately. B. Repairs and Maintenance. The cost of maintenance and repair of the Concessionaire's equipment and furnishings shall be borne solely by the Concessionaire. The City shall maintain and repair the exterior structure and the mechanical system of the Terminal. C. Right to Enter, Inspect, and Make Repairs to Concessionaire's Displays. The City and its authorized officers, employees, agents, contractors, subcontractors and other representatives have the right, at such times as may be reasonable under the circumstances and with as little interruption of Concessionaire's operations as it reasonably practicable, to enter, inspect, and make repairs to the Concessionaire's displays, fixtures, and equipment as may be required for safety or security. D. Utility Expenses. City shall provide at its expense the electricity needed to operate Concessionaire's displays, fixtures, and equipment. Page 8 of 17 Section 8. Indemnity and insurance. A. Indemnification. CONCESSIONAIRE SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL REASONABLE EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY CONCESSIONAIRE, REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS 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, ITS AGENTS OR CONTRACTORS UNMIXED WITH THE FAULT OF CONCESSIONAIRE OR ANYONE UNDER ITS CONTROL. CONCESSIONAIRE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO 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 CONCESSIONAIRE UNDER THIS SECTION SURVIVES THE EARLIER TERMINATION OR EXPIRATION OF THIS AGREEMENT. B. Liability Insurance. Concessionaire must secure and maintain in force, at Concessionaire's sole expense, insurance policies with the limits and requirements as indicated on the attached and incorporated Exhibit B. The amount of all required insurance policies is not deemed to be a limitation on Concessionaire's agreement to indemnify and hold harmless the City and, in the event Concessionaire or City becomes liable in an amount in excess of the amount or amounts of the policies, then Concessionaire must hold City harmless from the whole liability. The City shall have no liability for any premiums charged for such coverage, and the inclusion of the City as a named additional insured is not intended to, and shall not, make the City a partner or joint venturer with Concessionaire in its operations at the Airport. Proceeds of any liability insurance required by Concessionaire must be applied toward extinguishing, Page 9 of 17 satisfying, or remedying the liability, loss, or damage with respect to which such proceeds may be paid. Section 9. Damage or Destruction. A. Damage. If the Terminal is damaged by fire or any other cause covered by a standard fire or extended coverage insurance policy, City shall have the option to repair the damage at the City's expense. If the City elects to repair and the damage is such that the Terminal is not rendered untenantable, Concessionaire shall continue to pay the fees and percentage amounts stated in this Agreement. In the event the public is denied access to the Airport or damage to the Terminal is so extensive as to render the Terminal untenantable for a period of 30 consecutive days, then the City shall suspend the Minimum Annual Guarantee, and percentage rent will be in effect until public access to the Airport is restored or the Terminal is again made tenantable. In the event of total destruction of the Terminal by fire or otherwise, or destruction or damage is so extensive that the City deems it necessary to rebuild said building, or in the event City elects not to repair or rebuild, Concessionaire may then terminate this Agreement by giving the City 30 days advance written notice of its election to do so and, within 20 days thereafter, shall account for and pay the City the fees accruing up to the time of the damage or destruction. B. Limits of Citv's Obligations. 1. Terminal Only. It is understood that City's obligations shall be limited to repair or reconstruction of the Terminal. Concessionaire shall be obligated, at its sole cost and expense, to reconstruct, if necessary, all of its improvements and to replace, if necessary, all of its fixtures, signage and equipment, and all such improvements, fixtures, signage and equipment shall be of quality equal to that originally installed by Concessionaire in the Terminal. 2. Damage or Destruction of Improvements. Should Concessionaire's displays, signage, fixtures, or equipment, or any part of them, be destroyed or damaged, and if City elects to repair or replace the Terminal, Concessionaire's improvements, and equipment will in all instances be repaired or replaced by Concessionaire whether or not said damage or destruction is covered by insurance. If Concessionaire fails to repair or replace such damaged improvements subject to a schedule approved by the Director, the City shall have the right, but not the obligation, to make such repairs or replacements and recover from Concessionaire the cost and expense thereof. Section 10. Termination by City. A. No waiver of default by the City of any of the terms, covenants, or conditions of this Agreement to be performed, kept, or observed by Concessionaire shall be construed to be an act of waiver of any subsequent default. The acceptance of fees by the City for any period or periods after a default of any of the terms, covenants, or conditions of this Agreement to be performed, kept, and observed by Concessionaire shall not be deemed a waiver of any right on the part of the City to terminate this Agreement for Page 10 of 17 failure by the Concessionaire to so perform, keep or observe any of the terms, covenants, or conditions of this Agreement. B. In addition to any other termination rights contained in this Agreement, the City shall have the right to terminate this Agreement, at any time, after the occurrence of any one or more of the following events: 1. Non-payment of fees due to the City that remains unpaid 30 days after same become due. 2. Abandonment by Concessionaire and discontinuance of operations under this Agreement. 3. Non-performance of any covenant of this Agreement, excluding the covenant of payments herein contained, and failure of Concessionaire to remedy the breach within a period of 30 days after written notice from the Director of the existence of said breach. 4. Concessionaire becomes permanently deprived of the rights, powers and privileges necessary to the proper operation of the facilities specified in the Agreement. 5. In the event of damage by fire or other casualty to the Terminal premises. 6. Concessionaire makes an assignment for the benefit of creditors or petitions for or enters into an arrangement with its creditors. 7. Concessionaire assigns this Agreement without City's written consent. 8. Concessionaire, as reasonably determined by the City, has failed to make such commercially reasonable efforts to solicit and procure advertising, City, following reasonable notice to the Concessionaire to cure and Concessionaire's failure to affect such cure. C. Additionally, if the City determines that modifications to this Agreement are required in order to qualify for federal or state funding for the services to be rendered by the Concessionaire under this Agreement and if Concessionaire shall fail to consent to such modifications, or if Concessionaire is unable to comply within a reasonable time with applicable federal or state laws and regulations governing the grant of such funds for services to be rendered under this Agreement, then the City shall have the right, by written notice to Concessionaire of its intent, to terminate this Agreement. Section 11. Termination by Concessionaire. Concessionaire shall have the right to terminate this Agreement, by giving 30 days' advance written notice to City of such termination, after the occurrence of any one or more of the following events: 1. The use of the Terminal for regularly -scheduled passenger service is Page 11 of 17 discontinued on a permanent basis. 2. The lawful assumption by the United States government or any authorized agency thereof of the operation, control, or use of the Airport or any substantial part thereof in such a manner as to substantially restrict Concessionaire for a period of at least 90 days from operating in the Terminal. 3. City defaults in the performance of any of the terms, covenants, or conditions to be performed by it under this Agreement and fails to cure such default within a period of 30 days following receipt of written demand from Concessionaire to do so, or if, by reason of the nature of such default the same cannot be remedied within such 30 -day period, City shall have failed to commence the remedying of such default within the 30 -day period or, having so commenced, shall have failed thereafter to continue with diligence the remedying of such default. Section 12. Early Termination. In the event either party terminates this Agreement in accordance with the provisions of Sections 10 or 11, such termination does not affect such party's right to damages as a result of the other party's default under this Agreement or any other remedy to which it is entitled by law by reason of such default. No such termination relieves the defaulting party of any obligation for the payment of fees or other charges due as of the date of such termination, provided, that there is a recognized duty to mitigate damages. Section 13. Assignment. Concessionaire shall not sell, assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest in this Agreement or any of its rights and privileges hereunder or allow any such sale, assignment, or transfer to occur by operation of law, or subcontract for the performance of any of the services to be provided by Concessionaire under this Agreement, without the City's prior written consent. The performance of this Agreement by the Concessionaire is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. The above prohibition does not apply with respect to any entity with which Concessionaire may merge or consolidate or which may acquire substantially all of the Concessionaire's assets. Section 14. Non-discrimination. A. Concessionaire, for itself, its officers, employees, representatives, successors in interests, and assigns, as part of the consideration of this Agreement, covenants and agrees that: (i) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Airport; (ii) in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (iii) Concessionaire shall operate and use the advertising zones in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations ("CFR"), Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21, Non - Page 12 of 17 Discrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (as may be amended from time to time) (the "Regulations"). B. In the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate this Agreement, to reenter and repossess the advertising zones and the facilities thereon, and hold the same as if this Agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights. C. Concessionaire shall furnish its accommodations and services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and Concessionaire shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that Concessionaire may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar type of price reductions to volume purchasers. D. Non-compliance with the above subsections by Concessionaire shall constitute a material breach of this Agreement and, in the event of such non-compliance, the City shall have the right to terminate this Agreement without liability therefore or, at the election of the City or the United States, either or both shall have the right to judicially enforce these provisions. E. Concessionaire agrees that it shall insert the above subsections in any sub - agreement, third -party agreement, or sublease by which Concessionaire grants a right or privilege to any person, firm, or corporation to render accommodations or services to the public on the Airport. Section 15. Affirmative Action. Concessionaire shall undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Concessionaire shall require that its covered sub organizations provide assurances from their sub organizations, as required by 14 CFR Part 152, Subpart E, to the same effort. Section 16. Miscellaneous Provisions. A. Agreements with the United States and City of Corpus Christi. This Agreement shall be subject to all restrictions of record affecting the Airport and the use thereof; all federal, state, and City laws, rules, and regulations affecting the same; and subject and subordinate to the provisions of any and all existing agreements between the City of Corpus Christi and the United States of America, and their agencies, boards, or commissions, and to any future agreements between or among the foregoing that may be relative to the operation or maintenance of the Airport, the execution of which may be required as a condition precedent to the expenditure of federal, state, or City funds for the development of the Airport, or any part thereof. All provisions of this Agreement shall be subordinate to the right of the United States to occupy or use the Airport, or any part thereof, during time of war or national emergency. Page 13 of 17 B. Right to Amend Pursuant to Requirements for Funding or Improvements. In the event the Federal Aviation Administration, or its successor agency, require modifications or changes in this Agreement as a condition precedent to the granting of its approval or to the obtaining of funds for improvements at or of the Airport, Concessionaire hereby consents to any and all such modifications and changes as may be reasonably required. C. Compliance with Laws, Rules and Regulations. Concessionaire and all persons operating under the rights and privileges granted under this Agreement shall observe and obey all federal, state, and local laws, rules, and regulations with respect to the use of the Airport and Terminal, as well as any directives issues by the Director pertaining to the same, which are now in effect or which may hereafter be put into effect. D. Remedies; Attorney Fees and Costs. All remedies provided in this Agreement are deemed cumulative and additional, and not in lieu of or exclusive of each other or of any other remedy available at law or in equity arising under this Agreement. In the event either party is required to institute proceedings in a court of law to enforce its rights under this Agreement, the prevailing party in such proceedings is entitled to recover all costs incurred and reasonable attorney fees, whether incurred at the trial or appellate level, if so awarded by written judgment of the court. E. Fiscal Year. Concessionaire recognizes that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. F. Conflicts of Interest. Concessionaire represents and warrants to the City that no member, officer, employee, or agent of the City has any interest, direct or indirect, in the business of Concessionaire to be conducted under this Agreement and that no such person shall have any such interest at any time during the term of this Agreement. G. Notices. All notices required or permitted to be given under this Agreement must be given either by hand delivery or by regular United States certified mail, postage prepaid, addressed to the following: IF TO CITY: Corpus Christi International Airport Attn: Director of Aviation 1000 International Drive Corpus Christi, TX 78406-1801 Page 14 of 17 IF TO CONCESSIONAIRE: In -Ter -Space Services, Inc. dba Clear Channel Airports Attn: Airport Development Director, Thaddeus Glenn 7450 Tilghman St., Suite 104 Allentown, PA 18106 Either party may change its address during this Agreement by providing written notice to the other party in a manner set out in this paragraph. I-1. Regulation by City. The rights and privileges granted to Concessionaire under this Agreement and the use by Concessionaire of the advertising zones are at all times subject to the reasonable rules, regulations, and directives of the City as the same are now or may hereafter be prescribed through the lawful exercise of its power. I. Licenses and F*-rnits. Concessionaire shall, at its own expense, procure and keep in force during this Agreement all necessary licenses, registrations, certificates, permits and other authorizations required by law in order for Concessionaire to render its services under this Agreement. Further, Concessionaire shall pay all taxes and license, certification, permit, and examination fees and any other charges of any kind which may be assessed, levied, exacted, or imposed by governmental authorities having jurisdiction over Concessionaire's real and personal property, its operations, Gross Receipts, income under this Agreement as it relates to Concessionaire, and as to the rights and privileges granted to Concessionaire pursuant to this Agreement and the improvements made by Concessionaire on the Airport or in the Terminal, and Concessionaire shall make and file all applications, reports, schedules, and returns required in connection with the same as may be due to any governmental authority on or before the due date of such item. J. Taxes. The Concessionaire covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. K. No Apency: Independent Contractor. Concessionaire is not authorized to act as the City's agent under this Agreement and shall have no right or authority, express or implied, to act for or bind the City. Concessionaire shall perform the advertising services as an independent contractor and furnish such services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Concessionaire be considered an employee of the City. L. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. Exhibit A may be amended, as needed, throughout the Term of this Agreement and any Option Term, if exercised. M. Precedence of Contract Documents. in case of a conflict in the contract documents, first precedence shall be given to the fully executed Agreement and Page 15 of 17 Exhibits A and B, as each may be amended; second precedence will be given to the City's issued Request for Proposals ("Exhibit C"), including written questions, answers, and addenda, all of which is incorporated by reference into this Agreement as if set out fully here in its entirety; and third precedence will be given to the Concessionaire's submitted advertising proposal, as may have been clarified in writing ("Exhibit D"), the content of which exhibit is incorporated by reference into this Agreement as if set out fully here in its entirety. N. Headings. The section and paragraph headings in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, or describe the scope or intent of any provision of this Agreement. O. Binding. This Agreement inures to the benefit of and shall be binding upon the parties and their successors and assigns. P. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid by a court of law or contrary to applicable law, such invalidity or unenforceability shall not impair the operation of or affect those portions of this Agreement that are valid and enforceable, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. Q. Applicable Law and Venue. This Agreement has been entered into in, and shall be construed and interpreted in accordance with the laws of, the State of Texas. Any legal action in connection with this Agreement must be commenced and maintained in a court of proper jurisdiction in Nueces County, Texas. R. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties with respect to the subject matter of this Agreement. Page 16 of 17 EXECUTED IN DUPLICATE ORIGINALS on this day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager Approved as to legal form: , 2016 Assistant City Attorney for the City Attorney CONCESSIOI Name: Puerf Title: )Z -n...; f}y-5hiJ Pir6).); dp Date: /2/&//4 Attached and Incorporated by Reference: Exhibit A Advertising Zones (two pages) Exhibit B — Insurance Requirements (three pages) Incorporated by Reference Only: (copies available upon request) Exhibit C — City's Request for Proposals Exhibit D — Concessionaire's Proposal Page 17 of 17 A4 Corpus Christi International Ai• ort CRP- Area of Detail: Baggage Claim and Ticketing Q 613 * 514 1 *015 *11:6 7 A28 2 A29 Zone 1 030 019 020 rd A22 A23 A24 tine 2 n •I1 931 U11 Lone 3 Exhihrt A: Signature Date. uClearChannel:;•'13_.to G. Tension Fabric Display 02 . Tension Fabric Display 04 - Themed Tension Fabnc Display A8 • Tension Fabnc Display 610 - Themed Tension Fabric Display A13. Onuble.SIded Tension Fabric Display 014 - Dnunte-Sided Tension Fabnc Disp:ay 615 - Doubte.SIded Tension Fabnc Display A16 - Double -Sided Tension Fabnc Display 017 - Tension Fabnc Dfspiay A18 - Sonil Tension Fabnc Display 619 - Tension Fabnc Display Gndvlall Reservation Center A21 - Tension Fabnc Display 622 - Themed Tension Fabric Display 023 - Themed Tension Fabnc Display A24 - Themed Tension Fabric Display 628 - Soffit Tension Fabnc Disela4 A29 - Soffit Tension Fabric Display A30 - Sof lit Tens:on Fabnc DBplay A31 - Soffit Tension Fabnc Display A32- Soffit Tension Fabric Olsplay 033 - 570 Tension Fabnc Display A34 sun Tension Fabnc Display O Wall Wrap A25 -Wall Wrap A27 - WaM Wrap * Digital A3.651 LCD Screen 09.65• LCD Screen • Specialty Floor Display AZ6 III Brochure Rack A20 m ZT sauoz duispJanpd ,v„ 21.1 -TNF 7.i01175ArC 552!)52A:411 ,1117r1E,,CP! 1'117 I11i.0 I I iiXliilai tl li-YiALIT A i r 7, F `I. [TS y MAN 1il2111 1(7)G272%7251C1P11. 0111' i5: ( nil 1I1E I 11 1,1(-1N1 1, ( 1 4 7 -1) held 11!) 7 (542., 42 . 67i7 t_ - Si ED:C -1.1INI._0} 12 "[GIA (3742422771'CFL4Cc6 U li li 777 22F.' ;1)1; 71: IPRP,;rti TABY 1 MAII0NS 6750:.427 rA!.>tw; i.`11;01 -'14,S. Corpus Christi International Airport - GRP- Area of Detail: Level 2 GAMOW STATION? CHARGING STATION 3 VP.Ptiqf - '41N ' 18W- 'VW = I kyr- 815 01316 Exhibit A Signature Date: GATE 2 819 817 04$6A. 88 GATE 3 GATE HOLD MUD :43 Clear Channel AMERICAN Tension Fabric Display 82 - 71505 646515 Display 83 Tension Fabric Display 84 SOU Tension Fabnc Display 85 Tension Fabric Display 115 - Tension Fabric Display 87 - Toon Fabric Display 88 - Tension Fabric Display 1310 - Tension Fabric Display BI I - Sone Tenvon Fabric 13Ispy 8I2 Solid Tension Fable Display 853. Tension Fabric Display E114 - Tennico Fabric Display 815 THUM Fabrw Display 1315 - Tension Fabric Display 817 • Tension Fabric Display 818 - Tension Fabric Display 819 Tenslon Fabric Display 520 - SoUrl Tan, Fibno Display A Product Display Case 89 * Digital 81 Iconic •l'l ONLY: 11;1: rdIANOCtildit ObV111US 650061616 606 011 THE 61'6TF:11 Exocirs 0515r316 1 I A (11 5605; 7 NECP,=6 ,156 10 CALL 061 0510 =1,0c557,s TrIF utAt;ar, (61)15 THE CHAW,ES )04(1401J nE 67E6ific,6174504m410 5(51(6 0)5454 "MT REPLAUED to 465(0)61600) (.,VATfONiS, 100 04.th,00E0°Et4TAii4 1.0607ILINS IELOG!.7 4X(ST461 1061146 2 EXHIBIT "B" INSURANCE REQUIREMENTS ADVERTISING CONCESSIONAIRE'S LIABILITY INSURANCE A. Concessionaire must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Advertising Concessionaire must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Concessionaire must furnish to the City's Risk Manager and Director of Aviation two copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) reasonably acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in the Description Box of the 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 Contractor 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION All states endorsement required if the Concessionaire is not domiciled in State of Texas. EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 Page 1 of 3 PERSONAL PROPERTY INSURANCE Concessionaire, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to Concessionaire's operations relative to this Agreement, Concessionaire 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, Concessionaire 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 ensure that all workers' compensation obligations incurred by the Concessionaire will be promptly met. An All States Endorsement shall be required if Concessionaire is not domiciled in the State of Texas. B. Concessionaire shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension of same, at the Concessionaire's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A -VII. C. Concessionaire shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Concessionaire or as requested by the City. Concessionaire shall pay any costs incurred resulting from said changes. All notices under this Exhibit B 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. Concessionaire 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 and property policy; Page 2 of 3 • 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 30 calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, the Concessionaire shall provide a replacement Certificate of Insurance and applicable endorsements to the City. City shall have the option to suspend Concessionaire's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement F. In addition to any other remedies the City may have upon Concessionaire's failure to provide and maintain any insurance or policy endorsements to the extent and within the time required in this Exhibit B, the City shall have the right to order Concessionaire to stop work hereunder and/or withhold any payment(s) which become due to Concessionaire under the Agreement until Concessionaire demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which the Concessionaire may be held responsible for payments of damages to persons or property resulting from Concessionaire's or its subcontractor's performance of the work covered under this Agreement. H. It is agreed that Concessionaire'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 Concessionaire's operations under this Agreement. I. It is understood and agreed that the insurance required in this Exhibit B is in addition to and separate from any other obligation contained in this Agreement. 2015 Insurance Requirements Aviation DepL Advertising Concessionaire Agreement 10/12/2015 ds Risk Management Page 3 of 3 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: 2017-152552 Date Filed: 01/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. In-Ter-Space Services, Inc. Allentown, PA 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. RFP #89 Advertising Concession Program at Corpus Christi International Airport 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT AFFIX 20 COMMONWEALTH Of PENNSYLVANIA I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 4ifefUPPER <fid` Y NOTARIAL SEAL ELIZABETH HANNAH OIMOPOULOS Notary Public17".1 MACUNGIE TWp LEHIGH COUNTY My Commission Expires Oct 20. 2019 _ .� ��"' rf �� `1 Signature of auto a agent i contracting business entity �� this the I day of 99 4 NOTARY STAMP 1 Sworn to and subscribed /7- to certify which, SEAL ABOVE before me, by the said witness my hand and seal of office. 67174,�1� ZL %GCS' 2/.1m- .., . 1 ignature of officer 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 EVENT NO. 89 AIRPORT TERMINAL ADVERTISING SELECTION COMMITTEE SUMMARY EVALUATION MATRIX Proposed Plan: Hachar Laredo, Texas Max. Points 1 2 3 4 In -Ter -Space dba Clear Channel Allentown, Pennsylvania Max. Points 1 2 3 4 Iconic Advertising Signs Corpus Christi, Texas Max. Points 1 2 3 4 Project Understanding (40 pts) 40 35 30 30 40 40 38 40 35 40 40 30 30 20 35 Location saturation and proposed media (60 pts) 60 35 50 50 55 60 50 55 50 60 60 36 50 40 55 Attractiveness and ability to catch traveler's attention (60 pts) 60 50 55 30 55 60 55 60 60 55 60 45 55 20 55 Sellability (45 pts) 45 35 35 30 40 45 40 40 45 40 45 34 40 20 40 Account support (30 pts) 30 25 20 25 28 30 27 25 25 25 30 23 20 25 30 ACDBE Participation (15 pts) 15 5 5 0 0 15 7 5 5 0 15 15 15 15 15 Total Points for Proposed Plan: 250 185 195 165 218 250 217 225 220 220 250 183 210 140 230 Experience, Background, Qualifications: 1 2 3 4 1 2 3 4 1 2 3 4 Project Manager and Project Team (40 pts) 40 30 35 30 38 40 35 35 40 39 40 28 35 30 35 Sales outreach and network (40 pts) 40 30 30 30 35 40 38 35 40 35 40 28 35 35 35 Maintenance support and plan (30 pts) 30 25 25 20 25 30 26 30 20 25 30 22 25 25 20 References (30 pts) 30 20 20 20 30 30 25 25 30 30 30 19 20 25 30 Airport experience (60 pts) 60 45 50 20 50 60 55 60 60 55 60 30 50 0 40 Total Points for Experience, Background, Qualifications: 200 150 160 120 178 200 179 185 190 184 200 127 165 115 160 Marketing Plan: 1 2 3 4 1 2 3 4 1 2 3 4 Network (60 pts) 60 45 50 40 55 60 55 55 50 57 60 35 50 50 50 Projected sell rate (70 pts) 70 50 60 50 65 70 60 65 60 65 70 40 60 40 60 Mix of local and national clients (60 pts) 60 45 55 30 60 60 55 60 60 60 60 43 55 30 60 Mix of short term and long term contract options (60 pts) 60 40 40 30 55 60 50 55 60 60 60 38 40 30 60 Total Points for Marketing Plan: 250 180 205 150 235 250 220 235 230 242 250 156 205 150 230 Investment and Projected Revenue: 1 2 3 4 1 2 3 4 1 2 3 4 Projected infrastructure investment (70 pts) 70 55 60 55 60 70 65 55 60 55 70 48 65 60 60 Exceptions noted on base contract form (20 pts) 20 20 20 20 20 20 10 15 20 15 20 15 20 20 15 Projected gross revenue (60 pts) 60 45 50 40 50 60 43 55 40 50 60 40 55 40 50 Projected net revenue to the City (70 pts) 70 55 60 50 60 70 53 60 50 60 70 50 65 50 65 MAG and concession fee proposed (80 pts) 80 65 60 70 65 80 70 60 60 65 80 50 65 60 70 Total Points for Investment and Projected Revenue: 300 240 250 235 255 300 241 245 230 245 300 203 270 230 260 Total Evaluation Points: 1000 Total 780.25 755 810 670 886 1000 857 890 870 891 1000 669 850 635 880 877 758.5 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd(a)cctexas.com (361) 826-1909 Dan Grimsbo, Interim Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Lease -Purchase of a Valve Maintenance Trailer for Water Department CAPTION: Resolution authorizing the City Manager, or designee, to lease -purchase a valve maintenance trailer for the Utilities Department from E. H. Wachs Utility Products, a division of ITW, of Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21; and finding that the purchase of the valve maintenance trailer is necessary to preserve and protect the public health and safety of the City's residents. Total Lease -Purchase Price: Total Estimated Allowable Interest for Lease: Grand Total: PURPOSE: $75,387.35 $6,892.86 $82,280.21 This item is to approve the lease -purchase of a valve maintenance trailer for the water crews in the Utilities Department. BACKGROUND AND FINDINGS: This valve maintenance trailer is needed to assist water crews in the operation, opening and closing, of water valves throughout the City. In effort to have a successful valve maintenance program, the purchase of this unit is necessary. With the new addition of the valve maintenance trailer, a valve maintenance team will be assembled and mobilized throughout the city to perform critical inspections of the City's water valve infrastructure. The valve maintenance trailer is a new addition to the fleet replacing a 2001 Dodge Caravan with 124,670 miles on the odometer currently flagged for disposal. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease -purchase of the valve maintenance trailer is based on a sixty month term with an estimated interest rate of 3.25% for an annual estimated payment of $16,356.04. The total estimated cost over the five-year period, including principal of $75,387.35 and interest of $6,392.86, is $81,780.21. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total amount not to exceed $82,280.21. CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $10,660.00 $72,739.21 $83,399.21 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $9,541.00 $72,739.21 $82,280.21 BALANCE $1,119.00 $0.00 $1,119.00 Fund(s): Water Comments: Delivery of the valve maintenance trailer is scheduled during FY2016-2017. The annual estimated payment for this lease -purchase is $16,356.04 of which $9,541.00 is budgeted in FY2016-2017 by the Utilities Department. The remaining lease -purchase payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Resolution authorizing the City Manager, or designee, to lease - purchase a valve maintenance trailer for the Utilities Department from E. H. Wachs Utility Products, a division of ITW, of Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21; and finding that the purchase of the valve maintenance trailer is necessary to preserve and protect the public health and safety of the City's residents. WHEREAS, one valve maintenance trailer will be lease -purchased for use by the Utilities Department; WHEREAS, this valve maintenance trailer will assist water crews in the operation, opening and closing of water valve throughout the City; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or her designee, is authorized to lease -purchase a valve maintenance trailer by the Utilities Department from E. H. Wachs Utility Products, a division of ITW, Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET PURCHASE OF A VALVE MAINTENANCE TRAILER ITEM DESCRIPTION QTY. UNIT E.H. WACHS Harvard, IL UNIT PRICE EXTENDED PRICE 1 2. 3 4 5 6.7-1/2' Grand LX (Gas) VMT: Twin turner valve maintenance trailer Adapter 2' Low Clearance Valve Key for 2" standard AWWA actuator nut 3-1/2' Low Clearance Valve Key for 2" standard AWWA actuator nut 5-1/2' Low Clearance Valve Key for 2" standard AWWA actuator nut Low Clearance Valve Key for 2" standard AWWA actuator nut 1 1 1 1 1 1 Each Each Each Each Each Each $73,995.000 $112.350 $295.000 $295.000 $325.000 $365.000 $73,995.00 $112.35 $295.00 $295.00 $325.00 $365.00 Purchase Cost: $75,387.35 E.H.WACHS® An ITN Company August 30, 2016 Superior Equipment. Complete Support:ehwachs.com WATER UTILITY PRODUCTS 455 Comanche Circle Harvard, IL 60033 T: +1.815.943.4785 I F: +1.815.943.5098 856.392.1060 This letter serves as a sole source document for the Valve Maintenance Trailer (VMT) & Valve Maintenance Skid (VMS) line of products (including the Hydro -Excavation units) manufactured by E.H. Wachs, Utility Products Division. The VMTNMS equipment and accessories are designed, manufactured, assembled and distributed solely by E.H Wachs. The design of this tool is so unique; it has been awarded multiple US patents: Patent Number 9,188,240 — Locking brake system for valve operating machine Patent Number 9,038,667 — Dual arm valve operating machine Patent Number 8,025,078 - Vehicle mountable arm for valve operating machine Patent Number 5,937,373 - Method of controlling an underground fluid flow system Patent Number 5,381,996 - Valve operator In the domestic US, regional distribution is through direct salesmen or exclusive territory dealers; for your area we are currently representing this territory directly and are the only outlet to purchase these products (although in the process of hiring a new direct representative for Texas). Please let me know should you need further details. Sincerely, Jeff Swiatowy General Manager Wachs Utility Products AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Lease -Purchase of Two 2017 Isuzu PipeHunter Trucks for Wastewater Department CAPTION: Motion authorizing the lease -purchase of two 2017 Isuzu PipeHunter trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $239,644.19, with an estimated expenditure of $23,914.44 in FY2016-2017. Total Lease -Purchase Price: Total Estimated Allowable Interest for Lease: Grand Total: PURPOSE: $220,450.00 $19,194.19 $239,644.19 This item is to approve the lease -purchase of two 2017 Isuzu PipeHunter trucks for the Wastewater Collection System crew in the Utilities Department. BACKGROUND AND FINDINGS: PipeHunters are trucks equipped with very high pressure water hoses which are used to clear sewer lines. They augment vacuum combination trucks in this type work. They are heavily used on a daily basis. The two trucks to be replaced are year models 2003 and 2007. They have 15,000 hours and 22,000 hours of use respectively. Expected life usage is 8,400 hours. In both instances, the life to date maintenance costs have exceeded purchase costs by 100% and 63% respectively. Both units are beginning to experience excessive down time. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease -purchase of the two 2017 Isuzu PipeHunter trucks is based on a sixty month term with an estimated interest rate of 3.25% for an annual estimated payment of $47,828.88. The total estimated cost over the five-year period, including principal of $220,450.00 and interest of $18,694.19, is $239,144.19. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total not to exceed of $239,644.19. CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $131,940.91 $215,729.75 $347,670.66 Encumbered / Expended Amount $35,928.92 $0.00 $35,928.92 This item $23,914.44 $215,729.75 $239,644.19 BALANCE $72,097.55 $0.00 $72,097.55 Fund(s): Wastewater Comments: Delivery of the two 2017 Isuzu PipeHunter trucks is scheduled during FY2016-2017. The annual estimated payment for this lease -purchase is $47,828.88 of which $23,914.44 is budgeted in FY2016-2017 by the Utilities Department for six 6 months of payments. The remaining lease -purchase payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1 2. 3. DESCRIPTION 2017 Isuzu Pipehunter Truck Rush Truck Centers Discount BuyBoard Fee Purchase Cost: QTY. UNIT 2 EA 1 EA 1 EA PRICE SHEET PIPEHUNTER TRUCKS TLGPC BID 430-13 RUSH TRUCK CENTERS OF TEXAS, L.P. HOUSTON, TEXAS UNIT PRICE EXTENDED PRICE $110,339.37 $220,678.74 $628.74 $628.74 $400.00 $400.00 $220,450.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Mayor and City Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Establish Submission Deadline for Board, Commission & Committee Applications CAPTION: Resolution amending City Council Policies for applications for Board, Commission, and Committee Appointments. PURPOSE: City Council Policy Number 14 addresses Boards, Commissions, and Committee Procedures. In the first paragraph of Policy Number 14, language has been added establishing a deadline for submitting an application and clarifying that an "application" is required instead of a "resume or biographical information sketch". BACKGROUND AND FINDINGS: At the City Council retreat of January 13, 2017, City Council unanimously approved a Motion of Direction directing the City Secretary to bring forward an agenda item amending the Council Policies to incorporate an application submission deadline of seven calendar days before the date appointments to Boards, Commissions & Committees are to be considered by the City Council. CONFORMITY TO CITY POLICY: Conforms with City Council policies. DEPARTMENTAL CLEARANCES: None. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $0 $0 $0 BALANCE $0 $0 $0 Fund(s): N/A LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Amending City Council Policies for Applications for Board, Commission, and Committee Appointments Be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That Section 14 of the City Council policies regarding the submission of a resume or biographical informational sketch is revised to read as follows, with the new language indicated by underlined text: "14. - Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have an resume or biographical information sketchapplication on file in the °office of the City Secretary not later than 5:00 p.m. on the seventh calendar day before the date appointments are considered by City Council. Applications filed with the Office of the City Secretary after this deadline shall not be considered by City Council on the date appointments are considered, that date being seven days after the aforementioned application deadline, but will be retained for future consideration. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless required by Charter, statute, or other ordinance, said committee is one ad hoc committee, or when such service is required by virtue of the individual's position or title as the result of employment or when such appointment involves the Mayor or Council Members". ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas day of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Mayor Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 14, 2017 Second Reading for the City Council Meeting of February 21, 2017 DATE: January 23, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 16013 Northwest Boulevard CAPTION: Case No. 0117-05 George Tintera and Ping Jung Tintera: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property to be rezoned is described as a 1.776 acre tract of land of a portion out of Wade Riverside Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. PURPOSE: The purpose of this item is to rezone the property to allow development of 9,100 square foot Dollar General Store. RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District for the development of a 9,100 square foot Dollar General Store. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as medium density residential. It is Staffs opinion, however, that the requested rezoning will not have a negative impact upon the surrounding neighborhood. There is existing commercial development along Northwest Boulevard (FM 624) and the Northwest Area Development Plan notes commercial development will continue along Northwest Boulevard. ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is inconsistent with the adopted Future Land Use Map, but is supported by goals in Plan CC. 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 George Tintera and Ping Jung Tintera ("Owners"), by changing the UDC Zoning Map in reference to a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of George Tintera and Ping Jung Tintera ("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, January 11, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, and on Tuesday, February 14, 2017, 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 George Tintera and Ping Jung Tintera ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4; located on the south side of Northwest Boulevard between Carousal Drive and County Road 73 (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 070051), 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 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, 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\2-14-2017\Zoning\0117-05 George and Ping Jung Tintera\Ordinance_0117-05 George and Ping Jung Tintura.docx Page 2 of 2 December 2, 2016 METES AND BOUNDS DESCRIPTION 1.776 AC. [77,354.826 Sq. Ft.] OUT OF SECTION 4, WADE RIVERSIDE SUBDIVISION CORPUS CHRISTI, NUECES COUNTY, TEXAS A tract of land containing 1.776 acres [77,354.826 square feet] situated in City of Corpus Christi, Nueces County, Texas, being a part or portion out of Section 4, Wade Riverside Subdivision, according to the plat thereof recorded in Volume 19, Page 407, Nueces County Deed Records, which said 1.776 -acre tract if a part or portion of a certain (13.3 -acre) tract conveyed to George Tintera and Ping Jung Tintera, by virtue of a Warranty Deed recorded under Document Number 2007050485, Nueces County Official Records, said 1.776 acres [77,354.826 square feet] also being more particularly described as follows: COMMENCING at the Southeast corner of said Section 4, Wade Riverside Subdivision; THENCE, N 80° 55' 21" W a distance of 30.00 feet; THENCE, N 09° 12' 09" E along the West right-of-way line of Wright Moravek Road, a distance of 828.54 feet to a No. 4 rebar found on the Easterly Northeast corner of said (13.3 -acre) tract and the Southeast corner of a certain tract conveyed to Kevin E. Robertson and Charlotte Robertson, by virtue of a Warranty Deed recorded under Document Number 1996018500, Nueces County Official Records; THENCE, N 72° 00' 21" W (S 71° 13' 20" E Deed Call) along the Southernmost North line of said (13.3 -acre) tract and the South line of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, a distance of 1,404.05 feet (1,404.12 feet Deed Call) to a No. 5 rebar found on an inside corner of said (13.3 -acre) tract; THENCE, N 24° 36' 45" E (S 25° 24' 37" W Deed Call) along the Westernmost East line of said (13.3 -acre) tract and the West line of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, a distance of 552.57 feet to a No. 4 rebar set for the Southernmost Northeast corner and POINT OF BEGINNING of this herein described tract; 1. THENCE, N 65° 22' 16" W a distance of 60.00 feet to a No. 4 rebar set for an inside corner of this tract; 2. THENCE, S 24° 37' 44" W a distance of 315.98 feet to a No. 4 rebar set for the Southeast corner of this tract; 3. THENCE, N 65° 22' 16" W a distance of 179.73 feet to a No. 4 rebar set [Northing: 17202133.373, Easting: 1248984.124] on the West line of said (13.3 -acre) tract, for the Southwest corner of this tract; 4. THENCE, N 24° 37' 44" E (N 25° 24' 08" W Deed Call) along the West line of said (13.3 - acre) tract and the East line of a certain tract conveyed to Mamu Investment Company, by virtue of a Warranty Deed recorded under Document Number 2005064241, Nueces Exhibit A nOrpoUROLIND EPA.. FLOOD ZONE Curve P Delta Radlus Curve Table Length Tangent Chord Length Chord Direction 3399.261 (38:2) "°..98 (24000) (66558'45"E) LEGAL DESCRIPTION 1.776 ACRES [77,354.826 Sq. Ft.] OUT OF SECTION 4 WADE RIVERSIDE SUBDIVISION VOLUME 19, PAGE 407 N.C.D.R. CORPUS CHRISTI, NUECES COUNTY, TEXAS METES AND BOUNDS DESCRIPTION A TrsAcT oF LAND CONTAINING 1.775 ACRESirr 354e26 SQUARE FEET] SITUATED IN THE CI, OF NUECES COUNTY DEEDe RECORDS. WHICH AID 1.,-ACETRAC aS A PUNT OR PORTIev vOUT OF ,Ts ALREs mTo 0E5828 so AREEFEE, ALSO BEING MORE PARTICULARLY DESCRIBED AS FOI LOWS COMMENCING AT THE SOUTNEAST CORNER BEING THE SOUTHEAST CORNER OF A A°IN(zMMAID ACRE, T4RACT CONVEYED TSUBDIVISION SIDNEY L PI S,,JR., BY VIRTUE OF A WARRANTY DEED RECORDED IN VOLUTE W., PAGE 361, NUECES COUNNOFFICIAL RECORDS, THENCE, N 30155'21'W A DISTANCE OF 30.00 FEET, AIogIALIOREr4E2RA; TDEr":01I;TNEs: co°R5TIE'10 cENT4FIIATIL TNTO"I roEESN°ISN3DOCUMENT NUMBER 1056010506 NUEOES COUNTY OFFICIAL RECORDS. nA 3ACRF)';ZT N o CRE Soo;N REIN fsANo ,LOw,a coNN°vEo ;o SIN rIRTS ERTEZI No CHARLOTTE ROBERTSON. A FOUND ON AN INSIDE CORNER OF SAID it33-°ACRE) TRS T. "0°.12 FEET DEED CALM T° A I+°. s REaAR OS CACTE) TRACT°ASD THE WEST LI E DEED R SAID`TRACTT"CONVEYED TO KEVIN E. ROBERTSON LINE of PAID 1. THENCE, N 85,2'16' W A DISTANCE OF 60.00 PEET TO A NO, REBAR SET FOR AN INSIDE CORNER OF THIS TRACT, 2 THENCE, S 00" SIP DISTANCE OF 315 98 FEET TO A NO 0 REBAR SET FOR THE SOUTHEAST CORNER OF THIS TRACT DISTANCE TME1wES ENE`OF SAINO. 10 sACRE) enCNORTHING, FOR T E E (24' 24 Oe' w DEED CAL) ALONS TRE w0ST LINE of Sao DesACRE) IVCAORDED UNDER DOCUMENT NUMBER COUNTY OFFICIAL RECORDS, A FOUND [NORTHING: ES 17202496.083, FASTING. 12691SODISTANCE oN THE TO A NO of SAID (R.u>ACRE) TRACT AND THE NORTHEAST CORNER OF SAID TRACT CONVEYED TO SIAM INVESTMENT AND THE SOUTH R16171,0E-WAY LINE OF NORTHWEST BOULEVARD, FOR THE NORTHWEST CORNER OF THIS TRACK S. THENCE. IRCTNTsuTI HT-ALINEfHESBULEVREsNa 3-AORETRACT SOUTHEASTERLY DIRECTION, oNOR WT OLEAD ANDAL°G A CURVE TO THE LENGTH OF 239 82 LE, (240.FEET DEEDNCAL, ALE OF TANGENT OF2 A 119,95 o Er, ANDA CHORD THAT FE Is 65358'45"E ET [x4.00 FEET DEED BEARS ro A No.5 REPOS FOUND o" THE WESTERNMOST NORTHEEA T CORNER OF SAID (tOaACRE) THENCE,TRACT AND THE NORTHWEST CORNER OF SAID TRACT CONVEYED TO KEVIN E. ROBERTSON AND CHARLOTTE ROBERTSON. FOR THE NORTHERNMOST NORTHEAST CORNER OF THIS TRACT, 6. (S 25°24'37' w DEED GAL) ALONG THE WESTERNMOST EAST LINE OE SAID C, TRACT TRACT AND THE WEST LINE OF SAID TRACT CONVEYED To KEVIN E. ROBERTSON CHARLOTTE CONTAINING , na ACRES(77,304 eze SQUARE EeenoEaND MORE poen- a LEESSSDE BEGINNING, AND CORPUS CHRISTI ZONING ORDINANCE ZONING CLASSIFICATION: PR F'A RM -RURAL DISTRICT SE'T'BACKS: AS PER CITY ORDINANCE -ARTICLE 27 PARKING IIEQLIIREMLN'E: AS PER GTTY ORDINANCE -ARTICLE 22, EOR RETA5L STORE;THE RF.QTTTRF.MENT IS 1 PARKING SPACE YLR 200 Sq. Ec. UE ET,OOR. AREA. MAXTMHMRLTTLDTNG TTETGHT: AS PER CITY ORO[NANCE ARTTC.T.F 27 LOCATION MAR GRAPHIC SCALE ON FEET) 1 INCH 40 FT '"1( r1=PE'TITIITME=TrIINT=PI7T7'"' R0IPPEZTO°01f1Y7PREFP==PURTONWOE PURPOSES .coaoirmos. KNOWN LEN DOES NOT WEE. SUBJECT TOP. GRAN,O70.50071.. PIPE CORPORATION KATE .S.11 em R.,E=FlaNNO,SITE.7, VOLUME MI PASS KO DEED PEO06.0.7 GRANTED. SUN OPE LINE LOPP.7 PURPOSE PIPELINE AND APPURTENNISEPURPOSES Pwwwwwo GRANTED TO: MOBIL FRODUOINO TEYASSNONEW MENLO, INC. PURPOSE PIPELINE AND APPLIRTELINIOE DOES NOT AFFECT SILEJE. TRAC7. NNFOSE; PIPELINE No APFURTE.NEEFUPPOS. osTENANLIANY Wyo. pp0Wrpsopl(2 NO: 2.60(7740. OFFICAAUBLK RECORDS OF NIECES ALTA/NSpS LANd TITLE SURVEY J04 "4. 16182.08 DRAWING DATE' 12/05 2010 DRAWN BY JO JLG REVISION DATE BY F le Name 16132 08 ntLDen & Nr.1T Inc. EXHIBIT B County Official Records, a distance of 400.00 feet to a No. 5 rebar found [Northing: 17202496.983, Easting: 1249150.819] on the Northwest corner of said (13.3 -acre) tract and the Northeast corner of said tract conveyed to Mamu Investment and the South right-of-way line of Northwest Boulevard, for the Northwest corner of this tract; 5. THENCE, in a Southeasterly direction, along the Northernmost North line of said (13.3 - acre) tract and the South right-of-way line of Northwest Boulevard, and along a curve to the left, with a central angle of 003°31'26", a radius of 3,899.26 feet, an arc length of 239.82 feet (240.04 feet Deed Call), a tangent of 119.95 feet, and a chord that bears S 66° 48' 02" E (S 65° 58' 45" E Deed Call) a distance of 239.78 feet (240.00 feet Deed Call) to a No. 5 rebar found on the Westernmost Northeast corner of said (13.3 -acre) tract and the Northwest corner of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, for the Northernmost Northeast corner of this tract; 6. THENCE, S 24° 36' 45" W (S 25° 24' 37" W Deed Call) along the Westernmost East line of said (13.3 -acre) tract and the West line of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, a distance of 90.00 feet to the POINT OF BEGINNING, and containing 1.776 acres [77,354.826 square feet] of land, more or less. Exhibit A Aerial Overview Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 0117-05 Infor No. 16ZN1008 Planning Commission Hearing Date: January 11, 2017 Applicant & Legal Description Applicant/Representative: Melden and Hunt, Inc. Owner: George Tintura and Ping Jung Tintura Location: 16013 Northwest Boulevard Legal Description: A 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 1.776 acres Purpose of Request: To develop a 9,100 square foot Dollar General Store. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Vacant Medium Density Single Family Residential North Outside City Limits Estate Residential Outside City Limits South "FR" Farm Rural District Vacant Medium Density Single Family Residential East "FR" Farm Rural District Vacant Medium Density Single Family Residential West "FR" Farm Rural District Vacant Medium Density Single Family Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP) and is planned for Medium Density Single Family Residential. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use map. Map No.: 070051 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 240 feet of street frontage along Northwest Boulevard, which is an "A3" Primary Arterial Divided street. The maximum average daily trips for an "A3" is 30,000 to 48,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Northwest Boulevard "A3" Primary Arterial Divided Street 130' ROW 80' paved 145' ROW 90' paved 17,961 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to "CG -2" General Commercial District to develop a 9,100 square foot Dollar General Store. Development Plan: The applicant proposes to rezone the subject lot, to the "CG -2" General Commercial District. The lot is 1.776 acres. The purpose of the rezoning is to develop a 9,100 square foot Dollar General Store. The store will employ approximately eight employees and operate from 8:00 a.m. until 10:00 p.m. Existing Land Uses & Zoning: The northern property is outside of city limits with estate residential use. South, east, and west are zoned "FR" Farm Rural District with vacant uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest ADP. The proposed rezoning to the "CG -2" General Commervial District is inconsistent with Plan CC and the Future Land Use Map which identifies the area as Medium Density Single Family Residential. Additionally, the following are pertinent elements of Plan CC and the Northwest ADP that should be considered: • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, page 36) Staff Report Page 3 • 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 a workforce a positive factor for business prospects. (Plan CC, Goal 2, Strategy 3, page 36.) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Northwest Area Development Plan, B.1.D., page 13.) Department Comments: • Commercial development is existing along Northwest Boulevard. • Commercial development is preferred at nodal points, however the Northwest ADP recognizes the continuance for commercial uses along Northwest Boulevard, with carefully managed flow/access. • The development would accommodate the continuous growth and could provide for locational needs. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "FR" Farm Rural to "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 V 3 a Notification Number of Notices Mailed As of January 4, 2017: In Favor In Opposition For 0.00% in opposition. — 8 within 200' notification area; 1 outside notification area — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0117-05 George & Ping Jung Tintera\Council Documents\0117-04 CC Report George and Ping Jung Tintera.docx 0 Outside City Limits SUBJECT PROPERTY Inside City Limits 400 800 Feet Date Created:�12/22/2016 Prepared 6Y. JeremyM Department of Development Setvites,, CASE: 0117-05 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 SUBJECT PROPERTY FM -624 LOCATION MAP 111 3 City of Corpus Christi 16ZN 1008 Go�QUs ," ea�� it 4 �; . � ,I 2. `, �e§ Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78459-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.; 0117-05 Map Na.: PC Hearing Date: January 11 2017 Prof Mgr: L. Sheldon , Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m, * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: MELDEN & HUNT, INC Contact Person : KELLEY HELLER-VELA, P.E. Mailing Address::115 W. MCINTYRE ST. _ City: EDINBURG State: TX ZIP: 78541 Phone: { 956 ) 381-0981 E-mail. Cell: 2_ Property Owner(s): GEORGE TINTERA & WIFE, PING JUNG TINTERA Contact Person Mailing Address: 6825 ASWAN City:CORPUS CHRISTIstate: TX ZIP:78412 Phone: (361 )992-0587 E-mail Cell: ( ) FM RD ff624 (NW FRENA{) 1.776 acres 3. Subject Property Address: 1 4 0 0 ' W. OF C .R R. # 7 3 Area of Request (SE/acres): Current Zoning & Use: AGRICULTURE/OPEN LAND Proposed Zoning & Use:: CG -22. GENERAL C0MMERCTA 12 -Digit Nueces County Tax ID: 9 1 3 6 . 0 0 0 0 5 1 3 DISTRICT/DG STORE �-___ Subdivision Name: Block: Lot(s): Legal Description if not platted: 1.776 ACRES OUT OF SECTION 4, WADE RIVERSIDE SUBDIVISION VOLUME 19, PAGE 407, N.C.D.R., CORPUS CHRISTI NUECES COUNTY, TEXAS 4. Submittal Requirements: © Early Assistance Meeting: Date Held 11/17/2016 , with City Staff 11/17/2016 E Land Use Statement i Disclosure of Interest • Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) • Site Plan for PUD or Special Permit • Metes & Bounds Description with exhibit if property includes un-platled land (sealed by RPLS) ■ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or 1on,b/eh'alf of the Property Owner(s); and the rmation provided is accurate.Jf , K }-. .oct)24,- ei 4w),AA Owner or Ag nt's Signature Applicant's Si n" ature W,Lle. P- aei - Vt 01l�t.' A. Irk-i(e,v— tlel . Owner or Ag is Printed Name Applicant's Prigted Name Office Use Only: Date Received: 12/20/16 Received By: ADP. Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1702.50 - No. Signs Required 1 @ $10/sign Sign Posting Date K.IDEVELOPMENTSVCSSSHAREDILAND DEVELOPMENTIAPPLICATION FORMS4REZONING,ZONING APPLICATION 2015 DOC Form Revised 5/12/2515 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. EXISTING USE IS OPEN LAND. THE SITE IS PROPOSED FOR A SINGLE -LOT COMMERCIAL RETAIL DEVELOPMENT FOR A PROPOSED 9,100 S.F DOLLAR GENERAL STORE. THE PROPOSED BUILDING HEIGHT IS 18'-6". A PROPOSED SITE PLAN IS ATTACHED, SHOWING 36 PARKING SPACES. THE ENTIRE SITE (BUILDING AND PARKING) WILL BE CONSTRUCTED AT THE SAME TIME, NEXT SPRING. TYPICALLY THERE ARE 8 EMPLOYEES (APPROXIMATELY 2-3 IN EACH SHIFT) AND THE STORE HOURS ARE 8:00 A.M. TO 10:00 P.M. THERE WILL BE A LIGHTED PYLON SIGN LOCATED NEAR THE ENTRANCE. THIS SITE WILL HAVE SHARED ACCESS TO HIGHWAY 624/NORTHWEST BOULEVARD WITH THE REMAINDER TRCT. 2. Identify the existing land uses adjoining the area of request: North - RESIDENTIAL (LOW DENSITY) South - OPEN LAND (AGRICULTURAL) East - OPEN LAND (AGRICULTURAL) West - COMMERCIAL C:1USERSITANYAR.00040ESKTOP4DAILY USEWNNIKAILAND USE STATEMENT FOR ZONING. DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112„ as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MELDEN & HUNT, INC. STREET: 115 W. MCINTYRE CITY: EDINBURG ZIP: 78541 FIRM is:QCorporation ()Partnership CSole 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. „s, , `� Certifying Person:<dkA\ 7 om- ler- U C Title: \Ace t q[ C{e/r\- (Priint Nares) Signature of Certifying Person: V JAC LA-- \/LI"^- Date: t K IDEVELOPMENTSVCSISHAREDILANP DEVELOPMENT\APPLICATION FORMSIREZQNING1DISCLOSURE OF INTERESTS STATEMENT_5.12.2015, DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112. as amended, requires all persons or fines 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: GEORGE TINTERA & WIFE PING JUNG TINTERA STREET: 6825 ASWAN CETY: CORPUS CHRISTI zip: 78412 FIRM is: 0Corporation °Partnership Sole Owner t Association 0 Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board. Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure any information requested. and that supplemental statements will be promptly submitted to the City of Corpus -Wish, Texas as changes occur. C=reifying Personr e''"�9e Ti vtc /6- t 1Oi 5 �u � ! q ---k Title: (Print Name) Signature of Certifying Person: v Date: Arj. 'ti(PLIENTS'•itSiSHRRE :1. nL:`JELG'PM k ;PPi 'CA 11._1,`I FORLISi EZCaItiG;OJSCtnc LIRE C/F i'TERESFS STA V,ieNT5.t<".2J)1 0OC 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 (IJDC Section 3.29.4). Property Address: Legal Description (Subdivision, Lot, BIock): 1.775 ACRES OUT OF SECTION 4, WADE RIVERSIDE SUBDIVISION, Applicant Name: MELDEN & HUNT, INC Address: 115 W. MCINTYRE ST. City/State/Zip: EDINBURG, TX 78541 Telephone: 956'3810981 Email: kelleya@meldenandhunt.corn Application Status (Select One): Lel Rezoning LI Site PlanJStreet 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 1.776 ACRES AGRICULTURE OPEN 815 5-48 50 5.57 51 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 1.776 ACRES COMMERCIAL DOLLAR GENERAL 815 5-48 50 5.57 51 Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) HIGHWAY 6241NORTHWEST BOULEVARD YES 82.5' 150' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with rithe 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 T1A determination to be made, APPOINTMENT OF AGENT As owner of the subject property. I hereby appoint the person designated below to act for me, as my agent in this request. Nagle of Agent: VI alta. f 1-I1,t;'l 1 --I--?. Ali- 1eivr ii olid) T`. E)[w1aiting Address: 1 6. 7 1 ! ' .1 - 'Vi. City: '.. i1 +(,, 1{) I L, State: i X...- Zip: _ t S1)+1 Mone Phone: T t Business Phone: ( y: -J61-01/ Cell: l ) 1 acknowledge and affirm that 1 will be legally bound by the words and acts am), agent, and by my signature below, J fully authorize my agent to: He the point of contact between myself and the City of Corpus Christi: make legally binding representations of fact and commitments of every kind on my behalf: grant legally binding waivers of rights and releases of liabilities of every hind on my behalf; consent 10 legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. Al any time it should appear that my agent Itas less than lull authority to act. then the application may be suspended and I wvill have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City goverment and. that the City will rely upon statements made by now agent. Therefore. t agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damn ,es, attorney fees, interest and costs arising from this matter. 1f my property is owned by a corporation. partnership, venture. or other legal entity. then 1 certify that I have the legal authority in make this binding appointment on behalf of the entity, and every reference herein to •'1". "nty. or -'lite" is//reference to the entity. *Signature of. -►,gent: .► i`. ,�, � _ I..t..- 1... zr{ . 'title: Li? Ps+`r`:_4ct(.'7'1-tM TdtA L_{�i.l It1c. Printed/Typed Name of A�eent: !CC( CL,, u A Fl c i Ic v. \f 1c... bate: IA 17.4 l ti: *Sign at ure of Property Owner: Printed•'Ty°ped Name of Property Owner: *Signature of Proper() Os ner: r6.; Printedh'l'yped Name of Property Owner: .Title: Qf, 7-e ✓cg Date: 12 - 13-- (s t- t l ( Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner, Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorizedoff icer of a corporation or association. li.ww'.tir;n�u Al't'toLCIME"1 fit :\(.+l'ti-I?-19.+t4,k+, AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 14, 2017 Second Reading for the City Council Meeting of February 21, 2017 DATE: January 17, 2016 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 14836 Granada Drive CAPTION: Case No. 0117-01 SuperElite, LLC: A change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. The property is described as being Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. PURPOSE: The purpose of this item is to allow for the development of a 27 -unit single-family development. RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. Vote Results For: 9 Against: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay to allow for the development of a 27 -unit single-family development. The proposed rezoning is consistent with the newly adopted Plan CC Comprehensive Plan. The property is appropriately located for multifamily uses. 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 Mustang Padre Island Area Development Plan and is planned for Multifamily Residential uses. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay is consistent with the adopted Future Land Use Map and the Mustang Padre Island 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 SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in reference to Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RM- AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of SuperElite, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 11, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay, and on Tuesday, February 14, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by SuperElite, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive (the "Property"), from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay (Zoning Map No. 028026), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6.) Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The 2 -way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The 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, 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. 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 , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary Ordinance_0117-01_PUD_SuperElite, LLC.SuperElite, LLC. Page 3 of 3 CASE: 0117-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 SUBJECT PROPERTY WHITECAP LOCATION MAP /Q. City of Corpus Christi The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: December 6, 2016 ILEURBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re -development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re -plat of the property will encompass Lots 33 and 38, Block 1, Padre Island — Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re -development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: Adjacent Land Use and Zoning Adjacent Land Use/Zoning: North — Vacant and Canal/RM—AT/I0 South — Vacant/RM—AT/I0 East — Vacant and Canal/RM—AT/I0 West — Vacant/RM—AT/I0 Legend: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Planned Unit Development (PUD) Boundary Common Area Lot Residential Building Lot Private Access and Utility Easement Lot Layout Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area — 20,000sf Shared Parking (Townhouse) — 1,600sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 10' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 10' Minimum Open Space — 30% Maximum Height — 45' Required Parking: 1.5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' PUD Requirements Minimum Site Area — 102,337sf provided Shared Parking (Townhouse) — 1,400sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 0' Minimum Street Yard (Corner) — 0' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 0' Minimum Open Space — 32% provided Maximum Height — 45' (Actual 35') Required Parking: 1.5 per 1 bedroom — 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest — 5.4 or 6 required — 19 provided 9 additional golf cart spaces provided Curb Type — None Sidewalks — combination of existing 4' and 5' wide sidewalks and proposed 3', 4' and 6' walks Paved Street Width — 24' minimum Development Guidelines For Residential Lots (Lots 1 through 27) Use — Single Family Residential (Townhomes) Lot Area — Minimum 1,400sf Lot Width — 22' minimum 27' maximum Yard Requirements: Street: 10' along Granada Drive (except for wall), 0' along Private Access Street corner: 0' Side Yard: 0' Maximum building Height: 45' Minimum Building Spacing: 0' Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed. Four day minimum Development Guidelines For Common Area Lots (Lot 28) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: Single Story Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement (Lot 29) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement, fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. Legend: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Planned Unit Development (PUD) Boundary Common Area Residential Building Area Street Pavement Sidewalk Landscape Area IR ■ ■ .■ i�i�i�i�i�i�i�i• Vehicular and Pedestrian Access Vehicular Access will be provided via a private two—way access drive. The access drive will vary in width and will be at a minimum, 24' from edge of pavement to edge of pavement. Pedestrian Access will be provided via a combination of existing 4' and 5' wide sidewalks, and proposed 3', 4', and 6' wide sidewalks as shown. Legend: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Planned Unit Development (PUD) Boundary Street Pavement Sidewalk Required Parking: 1.5 per 1 bedroom - 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest - 5.4 or 6 required - 19 provided 9 additional golf cart spaces provided Building Width Varies Private Access and a Utility Easement Section A—A 0 Building Building /� 27' Wide Private Access and Utility Easement 35.5' Private Access and r // Building c Utility Easement 0 o / m 4.25' l 24' Drive N M4'M // a Section C—C Walk Typical Cross—sections 2.25' Section B—@ Park N 11_' II5 G 0 8. 0 5 1 If • d O 3 3 l' A •-',4 '9qm o0Q O1,»aS6 „� a F -ill o m 8o'P° omo'p °� _ o g?sc o ° °` omko�m N a °� m �� t m �”' ° me 3 5 a o �� m° �. o ;qt. m 0 g•E n D a o �4 0 ^'v n ^npVZw NO Cmaa�oOr S--4'''''''- ‘, – U OH3 y cm5°m mn2 o,`,ao O -s —X03 j°a ms4°Cw.°�C�o4o� °Aj NOO v.2 ooO»=3 O?40N • o°2 ^ ct _ 'p, ao, aS m°o0 mnr. ^o! °,ni4m ,O_y�IPo°G. 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I ° °e D xQm oa Emma o en- 0 0, 0 E -$53°: -G. 3 Hi mc'=oBO°O pl3unO :14 illi DN D.omas Dj..o ' °N P. R i i �m� me NC WI. Aim G 8° , .iSQ NAS 9 oD 's93 $m :$u a3 Haao � onn c 1ro ° IL; x °i°o^3 s ,o 1 .m nn ollgnd o so 2. t U87 13 2. t cgi Ei cgi cgi t en t Ei G r Yz • QS o /y ..4 0 SZs 4? 1 4NY et ,jg J07., j kot • °be / if ¢m • 2 0 0 z p q0UMN ONO UN NU MNR g yaimit t2Am TTAT,,,N'yo mfff fffff mmmmmm m 'rd -.-..... . . ...:SUS.N: � G r Yz • QS o /y ..4 0 SZs 4? 1 4NY et ,jg J07., j kot • °be / if ¢m • 2 0 0 z 2 ‘7, t 8 ;33 ;33 ;s2 '41 t t 8 tip ,<! t f G 42, 0 Pool, 2 4•009: 24,014 oa44,64'rg' °be 1 1 ,,F'� . mN� .o I. z :) r b IPO w 1 if ■ 2 0Z 08 z p q0UMN ONO UN NU MNR g yaimit t2Am TTAT,N"`4'P,,,,o mfff fffff mmmmmm m 'rd .N� f G 42, 0 Pool, 2 4•009: 24,014 oa44,64'rg' °be 1 1 ,,F'� . mN� .o I. z :) r b IPO w 1 if ■ 2 0Z 08 z Aerial Overview Subject Property SUBJECT. PROP,ERT.Y r. Master Site Plan • • ntl.TaZ.,"""— Master Sire Pfau for The Villas PUD " ra"Z/Z-7,`Z,7,'"iii *.P:14;i:AnY7.1i5:741tr4241"— t7 ,;4W,ci,4"44.1 3 PLANNING COMMISSION FINAL REPORT Case No. 0117-01 INFOR No. 16ZN10000040 Planning Commission Hearing Date: January 11, 2017 Applicant & Legal Description Owner: SuperElite, LLC. Applicant/Representative: Urban Engineering Legal Description/Location: Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. Zoning Request From: "RM-AT/IO" Multifamily AT District with an Island Overlay To: "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay Area: 2.35 acres Purpose of Request: To allow for the development of a 27 -unit single-family development. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM-AT/IO" Multifamily AT District with an Island Overlay Medium Density Residential and Vacant Multifamily Residential North "RM-AT/IO" Multifamily AT District with an Island Overlay Water Water South "RM-AT/IO" Multifamily AT District with an Island Overlay Medium Density Residential and Vacant Multifamily Residential East "RM-AT/IO" Multifamily AT District with an Island Overlay Vacant Multifamily Residential West "RM-AT/IO" Multifamily AT District with an Island Overlay Medium Density Residential and Vacant Multifamily Residential ADP, Map & Violations Area Development boundaries planned AT/IO/PUD" Development and the Map No.: Zoning Plan: The subject property is located within the of the Mustang Padre Island Area Development Plan and is for Multifamily Residential uses. The proposed rezoning to the "RM- Multifamily AT District with an Island Overlay and Planned Unit Overlay is consistent with the adopted Future Land Use Map Mustang Padre Island Area Development Plan. 028026 Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 392 feet of street frontage along Granada Drive which is designated as Local/Residential street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Granada Drive Local/Residential 50' ROW 28' paved 60' ROW 37' paved N/A Leeward Drive 01 Minor Residential Collector 60' ROW 40' paved 95' ROW 25' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay to allow the development a 27 -unit single-family development. Development Plan: The subject property is comprised of 2.35 acres and is proposed to be developed into a gated community that will consist of twenty-seven (27) attached single-family units or townhouses with one common area (Lot 28). The density proposed is approximately 11.49 units per acre. The twenty-seven lots will have a minimum area of 1,400 square feet and the minimum width indicated is 16 feet. Vehicular access will be provided by a single 24 -foot wide two-way private access drive. Pedestrian access will be provided by a combination of an existing 4-5 foot sidewalk and proposed 3, 4, and 6 foot sidewalks. The common area amenities include a pool and related structures. A total of 73 parking spaces are to be provided compared to 60 required parking spaces. The development proposes to maintain the 30% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RM -AT" Multifamily AT District and notes all necessary deviations from the UDC being requested by the applicant. Staff Report Page 3 Minimum Dimensions "RM -AT" District Standards "RS-TH" District Standards Proposed PUD Deviation Lot Area 5,000 sf. 1,600 sf. 1,400 sf. Yes Minimum Lot Width 50 ft. 16 ft. 16 ft. No Front Yard 20 ft. 10 ft. 0 ft. Yes Side Yard 5 ft. 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Building Separation N/A 10 ft. 0 ft. Yes Open Space 25% 30% 32% No Maximum Height Varies 45 ft. 45 ft. No Paved Street Width 28 ft. 28 ft. 24 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter None Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 2/ unit (2 bedroom) 1/5 units (guests) No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. on both sides or 6 ft. on both sides of private streets Combination of existing sidewalks and 3, 4, and 5 foot sidewalks Yes `RS-TH" District standards are applied in the "RM -AT" District in the cases of Townhome Developments. Existing Land Uses & Zoning: The subject property is zoned "RM-AT/IO" Multifamily AT District with an Island Overlay and is vacant. To the north is the Packery Channel. To the south, east, and west, is zoned "RM-AT/IO" Multifamily AT District with an Island Overlay and consists of either vacant or medium density residential uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is comprised of three platted lots. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang Padre Island Development Plan (ADP). The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development is consistent with the adopted with the Mustang Padre Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks Staff Report Page 4 (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan and the Review Criteria for a PUD Zone Map Amendment set forth in the UDC. o The development is in harmony with the character of the surrounding area. o The development offers an alternative in housing types. o The development as proposed is orderly with respect to the area and community. o The development has a plan for the separation of vehicular and pedestrian traffic. o The development will include the timely provision of utilities, facilities and services. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD is a continuation of the development known as The Villas • This PUD utilizes decreased lot sizes and street width, while maintaining lot size, building height, and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • Staff finds that the proposed deviations are acceptable. • The subject property is located in a "Vinyl Not Allowed" area. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. Staff Report Page 5 5. Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The 2 -way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8. Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results For: 9 Against: 0 Absent: 0 Public Notification Number of Notices Mailed — 55 within 200 -foot notification area 1 outside notification area As of January 6, 2017: 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 \2017\0117-01 The Villas PUD\Council Documents\Staff Report 0117-01_SuperElite, LLC PUD.docx CASE: 0117-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 SUBJECT PROPERTY WHITECAP LOCATION MAP /Q. City of Corpus Christi Development Services DepL P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street 1. ILL /COMO Vo REZONING APPLICATION Office Use On Case No.: 0117-01 Map No.: 028026 PC Hearing Date: January 11, 2017 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. Applicant Urban Engineering Mailing Address:2725 Swantner Drive City: Corpus Christi contact Person : Xavier Galvan E-mail: xavierg@urbaneng.cam State: TXZIP: 78404 Phone: 3L, s� 854-3101 Cell: 2. Property Owner(s): SuperElite, LLC Mailing Address:5466 Quashnick Road City: Stockton E-mail: mfbertagna@aol.com cell: (2-49 ) 32-3 —q5511 Contact Person : Michael Bertagna State: CA ZIP: 95212 Phone: 9( 'I 6 ) 300-7763 3. Subject Property Address:14826, 14836 and 14846 Granada Drive Area of Request (SF/acres): 2.35 Acres Current Zoning & Use: RM AT Proposed Zoning & Use: RM-AT/PUD See Attached 12 -Digit Nueces County Tax ID: T Subdivision Name: The Villas PUD Block: Lot(s): Legal Description if not platted: Lots 33 and 38, Block 1, PICC, Section D and Lot 34R, Block 1, The Villas 4. Submittal Requirements: Q Early Assistance Meeting: Date Held 7-19-16 ;with city Stat€ Jeff Stringer/Andrew Dimas/Miguel Torres NI Land Use Statement ❑■ Disclosure of Interest © Copy of Warranty Deed IF APPLICABLE: D Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑■ Site Plan for PUD or Special Permit 0 Metes & Bounds Description with exhibit if property indudes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ® Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete ap as or on behalf of the Property Owner(s); and the in .. er or ,— S gnature asbir Singh ' heema, Managing Member of SuperElite, LLC Owner or Agent's Printed Name on tview, that I a autho 'zed to initiate this rezoning provided is ccura A ature Xavelven for Ur gineering Applicant's Printed Name Office Use Only: Date Received: 10/21/16 Received By: ADP: MPI Rezoning Fee: 1695.50 + PUD Fee 825.00 + Sign Fee 10.00 =Total Fee 2527.50 No. Signs Required 1 © $10/sign Sign Posting Date: KADEVELOPMENTSVCS%SHAREO LANO OEVELOPMENTIAPPLICATION FORMSREZONINGIZONING APPLICATION 2015.0OC Form Revised 5/1212415 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use 0 1. Applicant: Urban Engineering 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. Mailing Address:2725 Swantner Drive city Corpus Christi Contact Person : Xavier Galvan E-mail: xavierg@urbaneng.com zip: 78404 Phone: (361 ) 854-3101 State: TX 2. Property Owner(s): SuperElite, LLC Cell: ( ) Mailing Address: 5466 Quashnick Road City: Stockton E-mail: mfbertagna@ao1.com Contact Person : Michael Bertagna State: CA zip. 95212 Phone:( 916 )300-7763 Cell: ( ) 3. Subject Property Address: 14826, 14836 and 14846 Granada Drive Area of Request (SF/acres): 2.35 Acres Current Zoning & Use: RM -AT Proposed Zoning & Use: RM-AT/PUD 12 -Digit Nueces County Tax ID: See Attached Subdivision Name: The Villas PUD Block: Lot(s): Legal Description if not platted: Lots 33 and 38, Block 1, PICC, Section D and Lot 34R, Block 1, The Villas 4. Submittal Requirements: E Early Assistance Meeting: Date Held 7-19-16 ; with City Staff Jeff Stringer/Andrew Dimas/Miguel Torres ❑1r Land Use Statement i I Disclosure of Interest ■❑ Copy of Warranty Deed IF APPLICABLE.' 0 Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) JI Site Plan for PUD or Special Permit 12 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization j Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I authcfrized to initiate this rezoning as or on behalf of the Property Owner(s); and ttte_Irtfo'-•" s rovided I ` accuratie l Owner or gent's Signature Tarenjit K. Cheema, Managing Member of SuperElite, LLC Owner or Agent's Printed Name Xa '= - van for Urba :.inhering Applicant s Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required — © $10/sign Sign Posting Date: • 144 0EVELOPMENTSVC$I5HAREDILAND DEVELOPMENTIAPPLICATiON FORMS,REZONING\ZONING APPI. CATION 2015.DOC Form Revised 5/12/2015 Property IDs for SuperElite, LLC 6180-0001-0330 6180-0001-0380 9037-0000-0101 9037-0000-0102 9037-0000-0103 9037-0000-0104 9037-0000-0201 9037-0000-0202 9037-0000-0203 9037-0000-0204 9037-0000-0205 9037-0000-0301 9037-0000-0302 9037-0000-0303 9037-0000-0304 9037-0000-0305 9037-0000-0306 9037-0000-0307 9037-0000-0401 9037-0000-0402 9037-0000-0403 9037-0000-0404 9037-0000-0405 9037-0000-0501 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner of the property is requesting a change of zoning from RM -AT to RM-AT/PUD. The property currently has a single building with 4 existing townhome units that were built by the previous owner. The new owner has obtained additional property on both sides of the existing Lot 34R, Block 1, The Villas of Padre. Development will include modifications to the existing approved layout to include additional Units and provide a second access point to the development. The revised layout will consist of 27 Townhome Units. ?, Identify the existing land uses adjoining the area of request: North - Vacant - RM -AT South - Vacant- RM -AT East - Canal - RM -AT West - Vacant - RM -AT K IDEVELOPMIENTSVCS'LSIIARED\.LAND DEVELOPMENTORDINANCE ADMrNISTRATIONIAPPLICATION FORAIS'FORA1S AS PER LEGALILAND USE STATFhtENT FOR ZONING DOC October 20, 2016 Mrs. Renissa Garza-Montalvo Development Services, City of Corpus Christi 2406 Leopard Corpus Christi, TX 78408 Subject: The Villas PUD (Application) Mrs. Garza-Montalvo: Job No. 43122.00.00 Below is a detailed list of the items that will deviate from the City of Corpus Christi Unified Development Code. These items are as follows: • 0 Front yard setbacks • Minimum lot area will be 1400 square feet • Access will be private (gated community) • Utility Easements along property lines will be 5 feet in width • Per previous discussions with City staff, vehicle stacking area will be reduced to 1 and 1/2 spaces • Existing 3' and proposed 4' wide Sidewalks will be provided adjacent to the individual Lots along Northwest and Southwest sides of the development (361)854-3101 Sincerely, URBAN ENGINE alvan 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 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: SuperElite, LLC STREET: 5466 Quashnick Road CITY: Stockton, Califomia ZIP: 95212 FIRM is:°Corporation °Partnership °Sole Owner ()Association (pother LLC 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". Job Title and City Department (if known) Name N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name N/A Title 3, State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "fine". 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 N/A 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. Jasbir Singh Cheema Title: Managing Member Certifying Person: (Print Name) Signature of Certifying Person: KDEVELOPMENTSVCSISHARED4LAND DEVELO Date: I d 'f S `Zd PLICATION FO 4REZONINGIDISCLOSURE 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: SuperElite, LLC STREET: 5466 Quashnick Road CITy: Stockton, California zip: 95212 FIRM is: O Corporation Q Partnership ()Sole Owner O Association O Other LLC 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". Job Title and City Department (if known) Name N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Tarenjit K. Cheema (Print Name) Signature of Certifying Person: , , ie"' ! l>�c- Date: K 1DEVELOPMENTSVCS%5HAREDSLAND DEVELOPMENTIAPPLICATION FORMSIRETONINGIOISCLOSURE OF INTERESTS STATEMENT 512 2015.DOC Title: Managing Member 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. Ever question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner CITY: Corpus Christi, Texas zip: 78404 FIRM is:°Corporation ()Partnership °Sole Owner °Association 0Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission- or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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: Xavier Gaivan � Title: (Print Na Signature of Certifying Person: Date: ') () ` _ \ (., Project Manager.'Senior Platting Tech K5DEVELOPMENTSVCS5SNAREDSLAND REVEL NGLDISCLOSURE OF INTERESTS STATEMENT 5.12 2015.DOC APPOINTMENT OF AGENT As owner of the subject property, l hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Urban Engineering Mailing Address: 2725 Swantner Drive City: Corpus Christi State: Texas Zip. 78404 Home Phone: ( 1 Business Phone: f 361 854-3101 Cell: ( I acknowledge and affirm that l will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. 1 understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that 1 have the legal authority to make this binding -apps ntment on behalf of the entity, and every reference herein to "1", "my", or " 't e" is a reference to the *Signature of Agent: r• �] Printed/Typed Name of Ag nt: Xavi = Gal *Signature of Property Owner: Printed/Typed Name of Property Owner:Jasbir Singh Cheema for SuperElite, LLC Date: ro- (T - 20 1 C Title. PrvieCt Manager/Senior Platting Tech rban Engineering Date: 1. _Title: Managing Member or Supereile, LLC *Signature of Property Owner: Title: Printed/Typed Name of Property Owner. _ Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Bruwn.APPOINTMENT OF AGENT2- I 9-09.doc APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Urban Engineering Mailing Address: 2725 Swantner Drive City: Corpus Christi State: Texas Zip: 78404 Home Phone: ( 1 Business Phone: ( 361 ) 854-3101 Cell: ( 1 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between mysel f and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of nabilitics of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions an my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than Ibil authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, 1 agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this bindi ".3intment on behalf of the entity, and every reference herein to "I", "my", ori." is a reference to tit *Signature of Agent: Printed/Typed Name of Agfi t: Gal entity. Title: Project Manager/Senior Putting Toch Urban Engineering *Signature of Property Owner: Date: `—' Title: Managing Member of SuperEhle, LLC Printed/Typed Name of property Owner: Tarenjit K. Cheema for SuperElite, LLC Dale. p- 1U- 16 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: 'Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer ora corporation or association. I).W.BmWn AI'I'OINTMFNT OF AGI'NT2-IN-O9 doe Special Warranty Deed Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. Date: 6\ 7 , 2015 Grantor: William Lyle Presslor, Trustee of the Whittier and Washington Real Estate Trust dated January 18, 2011 Grantor's Mailing Address: 9874 E. Rocky Fork N. Drive, Brazil, Clay County, Indiana 47834 Grantee: SuperElite, LLC, a California limited liability company Grantee's Mailing Address: 1 os3 R • Ih0P-A L ANo. jTc) C. i.cTo r r tp 91 210— Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): TRACT I: Villas 101, 102,103 and 104, Lot Thirty-four R (34R), Block 1, THE VILLAS OF PADRE, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 67, Page 316, Map Records of Nueces County, Texas. TRACT II: Lot Thirty-eight (38), Block One (1), PADRE ISLAND -CORPUS CHRISTI SECTION D, an addition to the City of Corpus Christi Nueces County, Texas, according to map or plat thereof recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County Texas. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: 1. Liens described as part of the Consideration and any other liens described in this deed as being either assumed by Grantee or subject to which title is taken by Grantee; validly existing restrictive covenants common to the platted subdivision in which the Property is located; standby fees, taxes, and assessments by any taxing authority for the year 2015 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; validly existing utility easements created by the dedication deed or plat of the subdivision in which the Property is located; any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements; homestead or community property or survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rights asserted by anyone, including but not limited to persons, the public, corporations, governments, or other entities, to (a) tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (b) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (c) filled-in lands or artificial islands, (d) water rights, including riparian rights, or (e) the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area. 2. The following Restrictive Covenants of record itemized below: TRACT 1: File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas. File No. 246244, Volume 1800, Page 721, Deed Records of Nueces County, Texas. File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas. Document No. 828183, Official Public Records of Nueces County, Texas. Document No. 931043, Official Public Records of Nueces County, Texas. Document No. 931045, Official Public Records of Nueces County, Texas. Document No. 931047, Official Public Records of Nueces County, Texas. Document No. 2007000378, Official Public Records of Nueces County, Texas. Document No. 2007017106, Official Public Records of Nueces County, Texas. 2 Document No. 2010030219, Official Public Records of Nueces County, Texas. Volume 67, Page 316, Map Records of Nueces County, Texas. TRACT II: File No. 793339, Volume 1335, Page 285, Deed Records, Nueces County, Texas. File No. 793340, Volume 1335, Page 294, Deed Records, Nueces County, Texas. File No. 933464, Volume 1482, Page 1000, Deed Records, Nueces County, Texas. File No, 233030, Volume 1788, Page 729, Deed Records, Nueces County, Texas. File No. 246244, Volume 1800, Page 721, Deed Records, Nueces County, Texas. Volume 35 Pages 24-25, Map Records of Nueces County, Texas Document No. 828183 Official Public Records of Nueces County, Texas, Document No. 1997040456, Official Public Records of Nueces County, Texas. Document No. 2007000378, Official Public Records of Nueces County, Texas. Document No. 2007017106, Official Public Records of Nueces County, Texas. TRACT I: 3. Rights of Parties in Possession under any lease assigned by Grantor to Grantee. 4. Rights of tenants under leases affecting general common elements of subject property. 5. Rights of tenants in possession under any and all outstanding lease agreements, recorded or unrecorded. 6. Any and all party walls and rights of adjacent property owners therein. 7. A 5' utility easement along the common boundary with Lot 33; a 5' utility easement along the common boundary with Lot 38; a 10' yard requirement across the front of subject property; a 20' yard requirement across the rear of subject property; a 15' drainage easement over through and across the subject property from Granada Drive to the Navigation Channel; and a 25' mooring area adjacent to the rear of subject property; all as shown by map or plat thereof, recorded in Volume 67, Page 316, Map Records of Nueces County, Texas, together with all amendments and replats pertaining thereto. 8. Liens arising by virtue of the terms and conditions of that certain Agreement titled "Protective Covenants and Landowner's Agreement, Padre Island -Corpus Christi Section D, dated February 25, 1972, recorded under Clerk's File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas, and amended by Clerk's File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas, and all amendments thereto. 9. 1,000 Foot Sand Dune Protection Line affecting the above described property, as established by the County Commissioners of Nueces County, Texas, dated October 23, 1973. 10. Any changes in the boundary lines of the above described property caused by erosion from the actions of the waters of the Gulf of Mexico. 11. The Rights, if any, of the State of Texas and/or the Public, individually and collectively, to the use of any portion of such property bordering on the Gulf of Mexico. 12. Any loss or liability arising from the loss of use or title to any portion of the subject property outside of the bulkhead line, as shown by map or plat recorded in the Map Records of Nueces County, Texas. 13. Right of Way to the United States of America under the Spoil Disposal and Right of Way Easement Deed dated August 21, 1947, executed by and between Arroy Colorado Navigation District to and with the United State of America, recorded under Clerk's File No. 250737, Volume 382, Page 307, Deed Records of Nueces County, Texas. (Blanket) 14. Right of Way Easement dated February 16, 1954, from Padre Island Development Company to Nueces County, recorded under Clerk's File No. 304484, Volume 474, Page 299, Deed Records of Nueces County, Texas. (Blanket) 15. All rights of the county of Nueces and/or the State of Texas, if any, under Agreement between Padre Island Development Company and Nueces County, dated June 29, 1950, recorded under Clerk's File No, 305876, Volume 476, Page 562, Deed Records of Nueces County, Texas. 16. Right of Way Easement dated August 1, 1950, from Padre Island Development Company to Central Power and Light Company, recorded under Clerk's File No. 308674, Volume 481, Page 411, Deed Records of Nueces County, Texas. (Blanket) 17. EASEMENT AND RIGHT OF WAY dated February 22, 2008, executed by Villas Of Padre, LLC to AEP Texas Central Company, recorded under Clerk's File No. 2008013894, Official Public Records of Nueces County, Texas. (Blanket) 18. Terms, conditions, stipulations as set forth in the Declaration of Covenants, Conditions & Restrictions for The Villas of Padre, dated August 11, 2010, executed by Villas of Padre, LLC, recorded under Document No. 2010030219, Official Public Records of Nueces County, Texas, and any amendments thereto. 19. Terms, conditions and stipulations of the Owners Association as set forth in Declaration dated August 11, 2010, executed by Villas of Padre, LLC, recorded under Clerk's File No. 2010030219, Official Public Records of Nueces County, Texas. 20, Lack of means of access to and from a public road or roadway. 21. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. TRACT II: 22. Rights of parties in possession under any lease assigned by Grantor to Grantee. 23. Rights of tenants in possession under any and all outstanding lease agreements, recorded or unrecorded. 24. A stated 25' Building Line across the front of the subject property; and a stated 20' building line across the rear of the subject project, as shown by the map or plat thereof recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County Texas. 25. Right -of -Way Easement dated August 1, 1950, from Padre Island Development Company to Central Power and Light Company, File No. 308674, Volume 481, Page 411, Deed Records of Nueces County Texas. (Blanket) 26. Terms, conditions, restrictions, covenants and reservation contained in Deed dated November 11, 1982, from Padre Island Investment Corporation to Martha Palmer, File No. 296692, Volume 1846, Page 768, Deed Records of Nueces County, Texas. (LOT 18) 27. Terms, conditions, restrictions, covenants and reservation contained in Deed dated January 31, 1983, from Padre Island Investment Corporation to Diane Moody Freeman, et al, File No. 396228, Volume 1855, Page 237, Deed Records of Nueces County, Texas. (LOT 19) 28. Terms, provisions, covenants, conditions, restrictions, easements, charges, assessments and liens (provisions, if any, based on race, color, religion, or national origin are omitted) provided in the Protective Covenants and Landowner's Agreement recorded under File No. 793339, Volume 1335, Page 285; Agreement recorded under File No. 793340, Volume 1335, Page 294; amended under File No. 933464, Volume 1482, Page 1008 all in the Deed Records of Nueces County, Texas; Correction Amendment of Protective Covenants and Landowners' Agreement recorded under Document No. 2007017106, Official Public Records of Nueces County, Texas. Assignment recorded under File no. 233030, Volume 1788, Page 729, and ratification of Assignment recorded under File No. 246244, Volume 1800, Page 721 of the Deed Records of Nueces County, Texas. 5 29. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, when the claim is by, through or under Grantor but not otherwise. BY ACCEPTANCE OF THIS DEED, GRANTEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT (i) ANY INFORMATION PROVIDED OR STATEMENT MADE TO GRANTEE PERTAINING TO THE PROPERTY BEFORE OR AFTER THE EXECUTION OF THAT CERTAIN ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) DATED TO BE EFFECTIVE FEBRUARY 20 , 2015, BETWEEN GRANTOR. AND GRANTEE (THE "CONTRACT") HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (ii) GRANTOR IS NOT MAKING ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF ANY SUCH STATEMENT OR. INFORMATION; AND (iii) GRANTOR SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, INCLUDING THE DISCLOSURE STATEMENT, REPRESENTATION, REPORT, COMMITMENT, SURVEY OR INFORMATION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE PROPERTY. GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS AGREED TO PURCHASE AND ACCEPT THE PROPERTY IN ITS CURRENT, "AS IS," WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATT ER OR CONDITION THAT COULD HAVE BEEN REVEALED BY GRANTEE'S INVESTIGATIONS. EXCEPT FOR THE SPECIAL WARRANTY OF TITLE CONTAINED IN THIS DEED, GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE PROPERTY, THE INCOME TO BE DERIVED FROM THE PROPERTY, OR COMPLIANCE OF THE PROPERTY WITH, OR VIOLATION OF, ANY LAW, STATUTE, 6 ORDINANCE, RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WANED AND RELEASED BY GRANTEE. Grantee and Grantor expressly confirm and agree that the sales price has been adjusted and agreed upon by Grantee and Grantor in part as a result of Grantee's agreeing to purchase the Property in its current condition, and without any representation or warranties, express or implied, by Grantor as to the condition, habitability or fitness of the property. When the context requires, singular nouns and pronouns include the plural. AGREED AND ACCEPTED BY: SuperElite, LLC, a California limited liabili company Printed Name: ZJis51N12. C. if F --EM/ Its: M mf?,E STATE OF TEXAS By: William Lyle Presslor, Trustee of the Whittier and Washington Real Estate Trust dated January 18, 2011 COUNTY OF u' . es by, This instrument was acknowle ' : •11 William before me on n \ R� 2L` lliam Lyle Presslor, Trustee of the ' ' ittier end Was ington e l Estate rust dated January 18, 2011, in said capacity. COURTNEY LYNN HAYDEN MY COMMISSION EXPIRES April 13,2016 . . prat, Arl Notary Public, State of Texas �� My commission expires: �-! 1(0 7 C ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On AL 6 7, ZA IIrbefnre me_ Richard M Kinsall- Notary Public (insert name and title of the officer) personally appeared —511613111.-. C16..... C: 't� who proved to me on the basis of satisfactory ence to be the erson whose name -ishan rp l� � subscribed to the within instrument and acknowledged to me that hedey executed the same in his/I 0r authorized capacity(es), and that by his/i tarx signatureW on the instrument the personIw), or the entity upon behalf of which the person($ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 44( Signature ‘}114(Seal) RICKARD 11. KIHSALL COMM., 2101594 NOTW 1, PUIUC •CALIFolum W am MAMM Cow Mr meta ea Fn. H 1011 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on by , of SuperElite, LLC, a California limited liability company, in said capacity. Notary Public, State of Texas My commission expires: AFTER RECORDING RETURN TO: SECURITY TITLE 14602 S. Padre Island Dr. Corpus Christi, Texas 78418 GF# 155004024 -CH PREPARED IN THE LAW OFFICE OF: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 5306 Holly Rd, Ste. A Corpus Christi, Texas 78411 I.ISTIIWHrrTIER & WASHINGTON RE TRUST-SUPERELITEISWD DOCX/ggg AFTER RECORDING RETURN TO: Security Title 14602 South Padre Island Dr. Corpus_ ti, T 78 GF# Doc# 2015013079 # Pages 10 04/09/2015 1:03PM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $47.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS COUNTY CLERK NUTFCES COUNTY TEXAS Special Warranty Deed Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. Date: tS et fcJvt G , 2016 Grantor: Elite Lender, LLC, a California limited liability company Grantee's Mailing Address: 4053 E. Morada Lane, Stockton, San Joaquin County, California 95212 Grantee: SuperElite, LLC, a California limited liability company Grantee's Mailing Address: 5466 Quashnick Road, Stockton, San Joaquin County, California 95212 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): Lot Thirty-three (33), Block One (1), PADRE ISLAND - CORPUS CHRISTI, SECTION D, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County, Texas. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: 1. Liens described as part of the Consideration and any other liens described in this deed as being either assumed by Grantee or subject to which title is taken by Grantee; validly existing restrictive covenants common to the platted subdivision in which the Property is located; standby fees, taxes, and assessments by any taxing authority for the year 2016 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; validly existing utility easements created by the dedication deed or plat of the subdivision in which the Property is located; shortages in area ; homestead or community property 1 or survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rights asserted by anyone, including but not limited to persons, the public, corporations, governments, or other entities, to (a) tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (b) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (c) filled-in lands or artificial islands, (d) water rights, including riparian rights, or (e) the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area. 2. The following Restrictive Covenants of record itemized below: File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas. File No. 246244, Volume 1800, Page 721, Deed Records of Nueces County, Texas. File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas. Document No. 828183, Official Public Records of Nueces County, Texas. Document No. 20070003 78, Official Public Records of Nueces County, Texas. Document No. 2007017106, Official Public Records of Nueces County, Texas. Volume 35, Pages 24 and 25, Map Records of Nueces County, Texas. 3. Rights of Parties in Possession under any lease assigned by Grantor to Grantee. 4. A 25' building line across the front of the subject property; a 25' mooring area adjacent to the rear of the subject property; a 20' building line along the rear of the subject property; and bulkhead lines and restrictive building lines; canals and waterways together with all bulkheads and/or retaining walls; alI as shown by map or plat thereof, recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County, Texas. 5. Liens arising by virtue of the terms and conditions of that certain Agreement titled "Protective Covenants and Landowner's Agreement, Padre Island -Corpus Christi Section D, dated February 25, 1972, recorded under Clerk's File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas, and amended by Clerk's File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas, and all amendments thereto. 6. 1,000 Foot Sand Dune Protection Line affecting the above described property, as established by the County Commissioners ofNueces County, Texas, dated October 23, 1973. 7. Any changes in the boundary lines of the above described property caused by erosion from the actions of the waters of the Gulf of Mexico. 8. The Rights, if any, of the State of Texas and/or the Public, individually and collectively, to the use of any portion of such property bordering on the Gulf of Mexico. 2 9. Any loss or liability arising from the loss of use or title to any portion of the subject property outside of the bulkhead line, as shown by map or plat recorded in the Map Records of Nueces County, Texas. 10. Short Form Lease dated February 2, 1983, by and between I.P.I., Inc., General Partner, and Kwik -Wash Laundries, Inc., recorded under Clerk's File No. 369058, Volume 1912, Page 497, Deed Records of Nueces County, Texas. 11. Terms, Conditions, Provisions and Easements contained in the Declaration of Condominium for Sand Dollar Studio Condominium, a Texas Condominium Project, dated March 13, 1984, executed by Sand Dollar Company, recorded under Clerk's File No. 365420, Volume 23, Page 17, Condominium Records of Nueces County, Texas. 12. Grant of Easement dated February 1, 2001, executed by Sand Dollar I Studio Condominium, Inc. to TCI Cablevision of Texas, Inc., recorded under Document No. 2001036588, Official Public Records of Real Property of Nueces County, Texas. (Blanket) 13. Right of Way to the United State of America under the Spoil Disposal and Right of Way Easement Deed dated August 21, 1947, executed by and between Array Colorado Navigation District to and with the United State of America, recorded under Clerk's File No. 250737, Volume 382, Page 307, Deed Records of Nueces County, Texas. (Blanket) 14. Right of Way Easement dated February 16, 1954, from Padre Island Development Company to Nueces County, recorded under Clerk's File No. 304484, Volume 474, Page 299, Deed Records of Nueces County, Texas. (Blanket) 15. All rights of the county of Nueces and/or the State of Texas, if any, under Agreement between Padre Island Development Company and Nueces County, dated June 29, 1950, recorded under Clerk's File No. 305876, Volume 476, Page 562, Deed Records of Nueces County, Texas. 16. Right of Way Easement dated August 1, 1950, from Padre Island Development Company to Central Power and Light Company, recorded under Clerk's File No. 308674, Volume 481, Page 411, Deed Records of Nueces County, Texas. (Blanket) 17. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever 3 lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, when the claim is by, through or under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural. AGREED AND ACCEPTED BY: SuperElite, LLC, a California limited liability compan By: Printed Name: JA -se, f t2- S• CifeEmI Its: M cu.�- M.e_LIY.134 Elite Lender, LLC, a California limited liability company By: OLL32 Prind Nam: Sp l s C,ime.Anda-- Its: ► ryv-c-A , STATE OF COUNTY OF This instrument was acknowledged before me on by , of Elite Lender, LLC, a California limited liability company, in said capacity. STATE OF COUNTY OF .fes M 4J- Notary1Public, State of My commission expires: This instrument was acknowledged before me on by , of SuperElite, LLC, a California limited liability company, in said capacity. 14-71"-A-Geo.4.AFT-- Notary Public, State of My commission expires: 4 0acFr;r RICK, p:. G4l4 �,: BQTARr ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On S�DC Oca Zm t before me, Richard M. Kinsall, Notary Public_ (insert name and title of the officer) personally appeared r€. S . fr who proved to me on the basis of satisfactory evidence to be the person(d) whose name(e) is/ape subscribed to the within instrument and acknowledged to me that heist tey executed the same in his/h a1r authorized capacity() 0, and that by his/lair signature(, on the instrument the person($ , or the entity upon behalf of which the person(.`acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature `--2 (Seal) ▪ 410 ti.• RICHARD M. K MSALL COMM.0 2101594 mp`4 Ef MORAYSAN JoA4UN COUNTY y1 ow MY Court, EAP, F. 27, 2019'' 3 p lit. W RALL 2101694 m CA.IFORNIA 111 CCLNtY "" AFTER RECORDING RETURN TO: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 5306 Holly Rd, Ste. A Corpus Christi, Texas 78411 m;'.ti,tillas thcicwd-133.docx.sam L5PREPARED IN THE LAW OFFICE OF: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 306 Holly Rd, Ste. A Corpus Christi, Texas 78411 s Doc# 2016039334 # Pages 7 09/19/2016 12:27PM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS COUN'iY CLERK NUECES COUNTY TEXAS LLC -7 1 Articles of Organization of a Limited Liability Company (LLC) To form a fim ted liability company in California, you can fill out this form, and submit for filing along with: — A $70 filing fee. — A separate, non-refundable $15 service fee also must be included, if you drop off the completed form. lmportantl LLCs in California may have to pay a minimum $800 yearly tax to the California Franchise Tax Board. For more information, go to https:llwww.ftb.ca.gov. LLCs may not provide "professional services," as defined by California Corporations Code sections 13401(a) and 13401.3. Note: Before submitting the completed form, you should consult with a private attorney for advice about your specific business needs. l 201426110351 FILED Secretary of State State of California SEPI 5 2014 This Space For Office Use Only For questions about this form, go to www.sos.ca,govlbusinessIbeifiling-tlps.htm. LLC Name (List the proposed LLC name exactly as ft is to appear on the records of the California Secretary of State.) 20 SuperElite, LLC Proposed LLC Nemo Purpose The name must include: LLC, L.L.C., Limited Liablity Company, Limited Liablily Ca., Ltd Liability Co. or Ltd. Lieblity Company; and may not include. bank. trust, trustee, incorporated inc., corporation, or corp., Insurer, or insurance company For general entity name requirements and restrictions, go to wmv.sos.ca.govlbusiness/belname-availabilify.him. 0 The purpose of the limited liability company is to engage in any lawful act or activity for which a Limited liability company may be organized under the California Revised Uniform Limited Liability Company Act. LLC Addresses 0 a. 4053 E. Morada Lane, Stockton b. CA 95212 Initial Street Address of Designated Office in CA - Do not list a P.0 Box City (no abbreviations) State Zip Initial Mailing Address of LLC, if different from 3a City (no abbreviations) State Zip Service of Process (List a California resident or a California registered corporate agent that agrees to be your initial agent to accept service of process in case your LLC is sued. You may list any adult who fives in California, You may not list an LLC as the agent Do not list an address if the agent is a California registered corporate agent as the address for service of process is already on file.) ® a. Jasbir S Cheema Agent's Nance b. 4053 E. Morada Lane, Stockton Agent's Street Address (if agent is not camoraion0 - Do not list a P.O. Box City (no abbreviations) Management (Check only one.) e The LLC will be managed by: One Manager V CA 95212 Slate Zip More Than One Manager All Limited Liability Company Member(s) This form must be signed by each organizer. If you need more space, attach extra pages that are 1 -sided and on standard letter -sized paper (8 x 11'). All attachments are made part of these articles of organization. Orga, rl }: e`rStgn her Make check/money order payable to: Secretary of State Upon filing, we will return one (1) uncertified copy of your filed document for free, and will certify the copy upon request and payment of a S5 certification fee. Jagdeep Hansra Pnnt your name here By Mall Secretary of State Business Entities, P.O. Bax 944228 Sacramento, CA 94244-2280 Corporalions Code §§ 17701.04. 17701 08, 17701.13,177r12.01. Revenue and Taxation Code § 17941 LLC -1 (REV 01/2014) Drop -Off Secretary of State 1500 11th Street., 3rd Floor Sacramento, CA 95814 2014 California Secretary of State wsnvsos,ra.gov/businesslbe State of California Secretary of State L14.01, STATEMENT OF INFORMATION (Limited Liability Companyi Filing Fee $20.00. If this is an aniend'11ent see instructions. IMPORTANT READ INSTRUCTIONS BEFORE COMPLETING THIS FORM I. LIMITED LIABILITY COMPANY NAME S _ PERELITE, LLC 4053 E MORADA LANE STOCKTON, CA 95212 File Number and Slate or Placa of Organization L E.CRETARY OF STATE FRE UW.1EJE SE.CRF.TARY OF STATE FRE NUMBER 3. 51ATE ORPIACI;OFCROANIZATlON{H(emir+JrnrlsitleolCi,tfama) 201426 11035 CA This Erkrca Fnr Fit r,+) lU33 C n!•j Nc Chang© Statement .t. If there have been any changes to the information contained in the fzist Statement of Information filed with the California 3ecn:tar/ of Slate, or no Statement of Information has been previously filed, this form must be completed In it.; entirety. DD If there has been no cnang_ in any of t i irfcrn=alien ca -stained in the fast Statement of Information hied yr In the California ar,;:r,,tari of State, check the box ar.d proceed lo Item 15 Complete Addresses for the Following {Co not ahllroiiare Rta narrc of thu r:l^r. Items 5 and 7 cannot be P.O. Bc):::-.) STREET ADDRESS OF PRINCIPAL OFFICE CI1'r srmr: 21P t:IwiE 4053 E MORADP LANE STOCKTON, C4 95212 3. MAILING ADDRESS OF LLC, IF CIFFEAENT rr:AN ITFF.I 5 CIF}'—W ir'.lE P �:p_J- �— S1P,EE , :rte' DREGS OF CALIFORNIA oFFI.:F 'EO5 3 E MORADA LANE I I Name and Complete Address of the Chief Executive Officer, If Any ]. Nfd"AE r 101IESS CITY IILITE. zip :Eng: STOCKTON CA 95212 I, irlq ti I I! Il : ,r I. is f .TT i -- I 7 Il f i Ii Clrr 5rglr: Zirr:oDti Name. and Complete Address of An} Manager or Managers, or if None Have Seen Appointed or Elected, Provide the Name and Address of Each Member (Attach additfcnaf pages, i! nece .,arp.) 3 I'LAME ADDRESS CITE JASBIP, CHEEMA 9053 E MORADA LAMEsans zip .:c. STOCKTON, r�,a 9522 12 111 N/JAE ADDRESSC1tr :3r47EJP ;riff: I NAME ACJCR.SS clrr :irr,re zip r;OCli Agent for Service of Process If the agent is nn Ir �ivid i i1, the agent must reside in Califortiksar:.1 Ilei 13 hast be comalela7 with a C.itfomia tddress..1 P O, Ecx 15 not ac:eptabre. If the agoat's a cor~,.orati,n, iI i agent nut hove on Ile with the Cafifnrn n Socralary os Stato a certificate pereuant 'a Call'onnia :3-porati:ns Code sec' on 15.05 aid Item 3 nrnn' :ig Ielt plank, 1d. NA?. E OF AGENT FOR SERVICE OF PROCESS JAS3IR CHEEMA 1 I S1 FEET ADDRESS OF AGENT FOR SERV16:. LW N=7t:CESS Ir: CALIFORN4\, IF Ali IfJSIVIDuAL CI r 4053 E v1ORADA LANE sr.;71_ zuPt:o2t: STOCKTON CA 95_1,2 Type of Business I 1 DESCRIBE THE T1'PE OFBUSINESS CF THE LIMITED LIASIEJ1Y REAL ESTATE 11. THE INFOfILIATEO+r CONTAIr1EC HEREIN It.C1.UJIt-I u : ,4T TACH :+,E; i 5 l i 1 RLE At4D CORRECT. 02/17/2015 JASBIR CHEEMA _ _ __ _ _ MANAGER GATE TYPE ORPRINTt1A1,1F :Frt.RSOt1COMPLETING"HEro M ��—� TITIi:��—'_ _ C +.2 lnEv o1 2014) 14836 AND 14846 GRANADA - N 0o H FEE DESCRIPTION O O 0 0 o 00 i!1 N p o r - al N N 1a co er) H N u m at W ai W Cs+ IwZ rI WO C34 hi L U H H cava z n+ zza OH Z R 0M aNd TOTAL DUE Please present this invoice to the cashier with full payment. 4,1 co, m co LA .ror, •• r, CU *▪ ti �cu rn G .• CI ▪ 4., x a z CI CO s c0 Lel CIO = • CICa,'� rn Imo-•' CC 1.0 G m 1A.0H F y +am_i 1=1 1=▪ 4 • M. 1—"y7C Ci Time: 12:88:23 Trans date: 18/21/16 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 21, 2017 Second Reading for the City Council Meeting of February 28, 2017 DATE: January 30, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 7564 Brooke Road CAPTION: Case No. 0117-04 Palm Land Investment, Inc.: A change of zoning from the "RS -4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District. The property to be rezoned is described as a 5.824 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11, located on the west side of Oso Parkway and south of Dove Hollow Drive. PURPOSE: The purpose of this item is to rezone the property to allow development of 37 townhomes with a proposed density of 6.35 units per acre, less than the 9.68 density permitted in the current "RS -4.5" Single Family Residential District. RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RS -4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District. Vote Results For: 8 Against: 0 Absent: 0 Abstain: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS - 4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District for the development of 37 townhome units. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property as Medium Density Residential. It is Staff's opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. The proposed density is a decrease than the existing density, which is suitable for the surrounding single-family houses. The rezoning will conform to the Oso Parkway Plan. ALTERNATIVES: 1. Approve with Conditions. 2. 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 "RS-TH" Residential Townhouse District is consistent with the adopted Future Land Use Map and is supported by Plan CC. 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 Palm Land Investment, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 5.824 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11, from the "RS -4.5" Single Family Residential District to the "RS-TH" Residential Townhouse 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 by Saldana Consulting on behalf of Palm Land Investment, 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, January 11, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS - 4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District, and on Tuesday, February 21, 2017, 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 Palm Land Investment, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 5.824 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11; located on the west of Oso Parkway and south of Dove Hollow Drive (the "Property"), from the "RS - 4.5" Single Family Residential District to the "RS-TH" Residential Towhnhouse District (Zoning Map No. 041031), 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 entities. 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, 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the 21st day of February, 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0117-04 Palm Land Investments (Saldana)\Council Documents\Ordinance_0117-04 Palm Land Investment.docx Page 2 of 2 EXHIBIT "A" 5.824 ACRES THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING 5.824 Acre Re -Zoning Tract situated in Lots 10, & 11, Section 26 of the Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 of the Map Records, Nueces County, Texas and being a portion of a called 60.54 acre tract of land described by Correction Special Warranty Deed dated February 20, 2012, conveyed from L and L Family Partnership, Ltd. to Palm Land Investment, Inc. as recorded in Instrument No. 2012011143 of the Official Public Records, Nueces County, Texas, said 5.824 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point along the southwest line of Oso Parkway (an 80 -foot Right -of -Way), marking the east corner of Lot 1, Block 7 of the Cayo Del Oso Subdivision, Section 1 according to the established map or plat thereof as recorded in Volume 68, Pages 727-728 of the Map Records, Nueces County, Texas for the north corner and a point of curvature to the right for the herein described tract; THENCE, along the southwest right-of-way line of said Oso Parkway, the following courses and distances: • with a curve turning to the right having an arc length of 131.72 feet, with a radius of 566.00 feet, with a delta angle of 13'20'02", having a chord bearing of South 02'03'17" East, and a chord length of 131.42 feet to a point of tangency for the herein described tract; • South 04'34'10" West, a distance of 22.65 feet to a found 5/8" steel rebar marking a point of curvature to the right for the herein described tract; • with a curve turning to the right having an arc length of 23.56 feet, with a radius of 15.00 feet, with a delta angle of 90'00'00", having a chord bearing of South 49°34'10" West, and a chord length of 21.21 feet to a found 5/8" steel rebar marking a point of tangency for the herein described tract; • South 04'34'10" West, a distance of 50.00 feet to a found 5/8" steel rebar marking a point of curvature to the right for the herein described tract; • with a curve turning to the right having an arc length of 23.56 feet, with a radius of 15.00 feet, with a delta angle of 90'00'00", having a chord bearing of South 40°25'50" East, and a chord length of 21.21 feet to a found 5/8" steel rebar marking a point of tangency for the herein described tract; • South 04'34'10" West, a distance of 115.73 feet to a point marking an interior corner of the herein described tract; • South 85'25'50" East, a distance of 40.00 feet to a point marking the centerline of said Oso Parkway for the east most corner and a point of curvature to the right for the herein described tract; THENCE, departing the south line of the aforesaid Cayo Del Oso Subdivision, Section 1, over, into, and across the aforesaid 60.54 acre tract, the following courses and distances: • with a curve turning to the right having an arc length of 252.58 feet, with a radius of 600.00 feet, with a delta angle of 24'07'11", having a chord bearing of South 16'37'46" West, and a chord length of 250.72 feet to a point of tangency for the herein described tract; • South 28'41'21" West, a distance of 72.65 feet to a point marking the south corner of the herein described tract; 1 • North 61'1839" West, a distance of 719.63 feet to a point marking the west corner of the herein described tract; • North 28'41'21" East, a distance of 240.00 feet to a point marking the northwest corner of the herein described tract; • South 61'18'39" East, a distance of 242.17 feet to a point marking an interior corner for the herein described tract; • North 60°32'01" East, a distance of 439.98 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 5.824 acre tract of land, more or Tess. Basis of bearing is based on the Texas State Plane Coordinate System (NAD 83), South Central Zone (4204). This survey was adjusted using a combined scale factor of 1.00003518679844 (GEOID124 The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in November, 2016 and are true and correct to the best of my knowledge and belief. Urba Survey' g, I c. r I By:T rryT. Ru dick t Registered Professional Land urveyor Texas No. 4943 E21463.00 — 5.824 Acres TERRY T. RUDDICK %.4 4943 rv" t. 8U 2 10 11 °so ,. � -1r 0 11 q NECHES DR. 0 200 S 6118'39" E 2112.17' POINT OF BEGINNING .40 rt?�� � 25-36:96" Sq. Feet 5.824 Acres- 400 cres 400 ME MIMI — GRAPHIC SCALE IN FEET r Jay/Jan id taWrMer rmw arra, 1M16 CM49 A .RVMNJr acre:: N 61'1 8'39" W 719.63' imzumA rAtem MNIMt!A AUllIMANJOJTMITMM /m m MLAWAVAIIUMIMMAC atmer. 0.7r QB.Zrp SC. 1U ?r V.. A. 7122.4 361.7 JJAIAMO FaOfb edMfd WAMW arrpla 100.01 5. ftC AMMIMERM UNE BEARING DISTANCE L1 5 04'34'10' W 22.65' 1.2 S 04'34'10' W 50.00' L3 S 04'34`10` W 115.73' L4 S 85'25'50' E 40.000 l5 5 21341'21" W 72.65' Q .IrtA.4. O1a01f7rwa damn. AC J01101/110I acme,: fl1 OW 071.00•11110,0100070, NfIMM,: 0.'M.[le ir caroposamm a.rrrr CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH C1 566.00' 131.72' 1310'02" S 02'03'17- E 131.42' C2 15.00' 23.56' 90'00'00' S 49'34'10" W 21.21' C3 15.00' 23.56' 90110'00" S 40'25'50' E 21.21' C4 600.00' 252.58' 24107'11" S 16'37'45' W 250.72' EXHIBIT "B" - SKETCH TO ACCOMPANY BEING 5.824 Acre Re -Zoning Tract situated in Lots 10, & 11. Section 26 of the Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 of the Map Records, Nueces County, Texas and being a portion of a called 60.54 acre tract of land described by Correction Special Warranty Deed dated February 20, 2012, conveyed from L and L Family Partnership. Ltd. to Palm Land Investment, Inc. as recorded in Instrument No. 2012011143 of the Official Public Records, Nueces County, Texas. use URBAN SURVEYING INC. VICTORIA, TEXAS (301) 578.9837 FIRM 0 10021100 CUERO. TEXAS (361) 277-9081 FIRM N 10021101 SAN ANTONIO, TEXAS (210) 2678654 FIRM 0 10193693 DRAWN BY: MKW JOB NO.: E21463 Exhibit B Aerial Overview Aerial Map PLANNING COMMISSION FINAL REPORT Case No.: 0117-04 Infor No. 16ZN1007 Planning Commission Hearing Date: January 11, 2017 Applicant & Legal Description Applicant/Representative: Saldana Consulting Owner: Palm Land Investment, Inc. Location: 7564 Brooke Road Legal Description: A 5.824 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11, located on the west side of Oso Parkway and south of Dove Hollow Drive. Zoning Request From: "RS -4.5" Single Family Residential District To: "RS-TH" Residential Townhouse District Area: 5.824 acres Purpose of Request: To develop 37 townhome units with a proposed density of 6.35 units per acre, less than the 9.68 density permitted in the current "RS - 4.5" District. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -4.5" Single Family Residential District Vacant Medium Density Single Family Residential North "RS -4.5" Single Family Residential District Vacant Medium Density Single Family Residential South "FR" Farm Rural Vacant Drainage Corridor Medium Density Single Family Residential Permanent Open Space East "RS -4.5" Single Family Residential District Vacant Medium Density Single Family Residential West "RS -4.5" Single Family Residential District Low Density Residential Medium Density Single Family Residential 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 medium density single family residential use. The proposed rezoning to the "RS-TH" Residential Townhouse District is consistent with the adopted Plan CC Future Land Use map and with the Southside ADP. Map No.: 041031 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 350 feet of street frontage along Oso Parkway, which is a "P1" Parkway Collector street. The maximum average daily trips for a "P1" is 1,000 to 3,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Oso Parkway "P1" Parkway Collector Street 80' ROW 40' paved 80' ROW 40' paved Information Unavailable Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -4.5" Single Family Residential District to "RS-TH" Residential Townhouse District for developing 37 townhomes. Development Plan: The applicant proposes to rezone the subject lot, which is a part of Flour Bluff and Encinal Farm and Garden Tracts, to the "RS-TH" Residential Townhouse District. The lot is 5.824 acres. The purpose of the rezoning is to develop 37 townhomes with a proposed density of 6.35 units per acre. Existing Land Uses & Zoning: The properties north and east of the subject property are zoned "RS -4.5" Single Family Residential District with vacant uses. South of the subject property is zoned "FR" Farm Rural District and is vacant with a drainage corridor. The lot to the west is zoned "RS - 4.5" Single Family Residential District and has low density residential 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 not platted but will be consistent with the Oso Parkway Plan. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside ADP. The proposed rezoning to the "RS-TH" Residential Townhouse District is consistent with Plan CC and the Future Land Use Map which identifies the area as Medium Density Residential. Additionally, the following are pertinent elements of Plan CC and the Southside ADP that should be considered: Staff Report Page 3 • Support the planning, regulatory, and finding initiatives needed to provide a diversity of housing types to meet community needs. (Plan CC, Goal 2, Strategy 1, page 32) • Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations, or bicycle/pedestrian facilities. (Plan CC, Goal 9, Strategy 1, page 33.) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Plan CC, Goal 3, Strategy 3, page 51.) Department Comments: • The proposed rezoning is a decrease in housing density. • Infill in existing neighborhoods or adjacent to existing neighborhoods is encouraged. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RS -4.5" Single Family Residential District to "RS-TH" Residential Townhouse District. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstain: 1 a Notification Number of Notices Mailed — 12 within 200' notification area; 5 outside notification area As of January 23, 2017: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0117-04 Palm Land Investments (Saldana)\Council Documents\0117-04 CC Report Palm Land I nvestment. docx FR SUNSET COVE DR Date Created31ti7‘2016 ��Pr►eBy: JeremyM Depannmment+6f-Develop �ent Sirvices— CASE: 0117-04 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 LOCATION MAP City of Corpus Christi 0."sco Iiii.,,,,., r . itiir ^ �+ r ii ' Development Services Dept. PO.Box 9277 Corpus Christi, Texas 78469-9277 (361) 626-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0117-04 Map No.: 041031 PC Hearing Date: January 11, 2017. Proj.Mgr: Hearing Location: i H.II ■until ham•ers. 1201 Leo ..rd S reel Hearing Time: 5:30 A.m. • A MAXIMUM OF FIVE REZONINGS CASES ARESCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Saldaria Consulting Contact Person : Miguel S. Saldafia Mailing Address: 4553 Moonlake Ridge Dr City: Corpus Christi State: TX ZIP: 78413 Phone: ( ) E-mail: Cell: ( 361 ) 443-1070 2. Property Owner(s): Palm Land Investment, Inc. Contact Person : Dan Caballero Mailing Address: 5949 La Costa Dr City: Corpus Christi State: TX ZIP: 78414 Phone: ( 367 ) 9942860 E-mail: Cell: ( ) 3. Subject Property Address: Area of Request (SF/acres): 5.824 acres Current Zoning & Use: RS-4,5 Undeveloped Land Proposed Zoning & Use: RS-TH Townhouses 12-Digit Nueces County Tax ID: 2476 - 0026 _ - 0053_ Subdivision Name: Block: Lot(s): Legal Description if not platted: FB&EF>. Section 26, being 5.824 acres out of Lots 10 & 11 4. Submittal Requirements: Date Held [$ Disclosure is inconsistent with exhibit landowner 1111712016 ; with City Staff Andrew Dimas & Beverly Priestley L Early Assistance Meeting: ® Land Use Statement IF APPLICABLE: of Interest D Copy of Warranty Deed with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit • Peak Hour Trip Form (if request 7.1 Metes & Bounds Description if property includes un-platted land (sealed by RPLS) ■ Lien Holder Authorization gj Appointment of Agent Form if is not signing this form 1 certify that I ha ov the City of Corpus Christi with a complete application for review; 6. at t am uthorized to initiate this rezoning as or on behalf of the Property Owner(s); and the i f ation pro,, s to er orAgen s Signature pplica s Signature Dan Caballero Miguel S. Saldaha Owner or Agent's Printed Name Applicant's Printed Name / �1 Office Use Only: Date Received: / of-/5 /4 Received By: ad ADP: SS Rezoning Fee: 1692.50 + PUD 10.00 1702.50 Fee 0 + Sign Fee = Total Fee No. Signs Required 1 (ag $10/sign Sign Posting Date: K:IDEVELOPMENTSVCS\SHAREDLLAND DEVELOPMENTWPPLICATION FORMSIREZOMNG1ZONING APPLICATION 2015.DOC 01711 nev LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner/developer wishes to rezone the property to an "RS-TH" District in order to develop the property with 37 townhome units on 5.824 acres. The proposed density of 6.35 units per acres is less than the 9.68 density permitted in the current "RS -4.5" District. Therefore, the traffic impact on the transportation system will be negligible. 2. Identify the existing land uses adjoining the area of request: North - Undeveloped land South - Undeveloped land East - Undeveloped land West - Undeveloped land C1USER55FANYAR.0005OESKFORDAILY USEANN KASI.ANO USE STATEMENT FOR ZONING.000 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 auestion must be answered If the question is not applicable, answer with "NA". NAME: Palm Land Investment, Inc. STREET: 5949 La Costa Dr CITY: Corpus Christi, TX ZIP: 78414 FIRM is: x°Corporation °Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board.. Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan Caballero Title: President (Print Name) Signature of Certifying Person Date: a - ^� b K DEVELOPMENTSVCS1SHAREDUAND DEVELOPMENT'APPLICATION FORM5\REZONINGIDISCLOSUPE OF NTERESTS STATEMENT 5.122915 -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. KA DEVELOPMENTSVCS4SHARED1LAND DEVELOPMENT APPLICA71ON FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT_512.2015.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Miguel S. Saldana dba Saldana Consulting Mailing Address: 4553 Moonlake Ridge Dr. City: Corpus ChristiState: TX Zip: 78413 Home Phone: j ) Business Phone: ( ) Cell: ( 361 ) 443-1070 I acknowledge and affirm that 1 will be legally bound by the words and acts of my agent, and by my signature below, 1 fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has Tess than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a r ferenc to he ent' y *Signature of Agent: Title: Owner g g Printed/Typed Name of Agent: Miguel S. Saldana Date: *Signature of Property Owner/% Title: Property Owner Printed/Typed Name of Property Owner: Dan Caballero Date: /9 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: 'Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W Brown.APPOINTMENT OF AGENT2-19-(19 doc AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 21, 2017 Second Reading for the City Council Meeting of February 28, 2017 DATE: January 30, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 4343 Ocean Drive CAPTION: Case No. 0117-02 Carriage Management, Inc: A change of zoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit. The property is described as being 2.24 -acres out of Seaside Subdivision and Riviera Condo, Block 1, Lot 6B, located along the south side of Ocean Drive between Robert Drive and Airline Road. PURPOSE: The purpose of this item is to rezone the property to allow expansion of Seaside Cemetery by constructing an event center (fellowship hall). RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit to incorporate the property into the adjoining Seaside Cemetery to allow the construction of an event center (fellowship hall). The proposed rezoning is inconsistent with the Comprehensive Plan (Plan CC) or the adopted Future Land Use Plan's designation of the property as commercial but, is not anticipated to have a negative impact upon the surrounding property. Planning Commission recommended approval contingent upon the applicant not placing any burial plots on the property abutting on Ocean Drive. ALTERNATIVES: 1. Approval of request with conditions 2. 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 (ADP). The proposed rezoning to the "RS-10/SP" Single -Family 10 District with a Special Permit is inconsistent with the Southside ADP or the adopted Future Land Use 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 CLA Realtors for Carriage Management, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 2.24 -acre tract of land out , Seaside Subdivision and Riviera Condo, Block 1, Lot 6B from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CLA Realtors for Carriage Management, 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, January 11, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS-10/SP" Single - Family 10 District with a Special Permit, and on Tuesday, February 21, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the Special Permit granted in Section 1 of this ordinance is due to the provisions stated in the UDC 4.3.2 Permitted Uses Tables where it states that a cemetery, mausoleum, columbaria, or memorial park need a Special Permit for existing facilities expanding on same or adjacent property. WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by CLA Realtors for Carriage Management, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.24 -acre tract of land, Seaside Subdivision and Riviera Condo, Block 1, Lot 6B, located along the south side of Ocean Drive between Robert Drive and Airline Road (the "Property"), from the "RM -AT" Multi - Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit (Zoning Map No. 042038), as shown in Exhibits "A" and "B," Exhibit A, which is a warranty deed of the Property, Exhibit B, which is a map to accompany the warranty deed, 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 Owner will not place any burial plots on the property abutting Ocean Dr. 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. 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 , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0117-02 Carriage Mgmt #1\Council Documents\Ordinance -0117- 02_Carriage Management, Inc.docx Page 3 of 3 EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED EFFECTIVE DATE: February 22, 2016 GRANTOR: COASTAL AFFLUENCE GROUP, LTD., a Texas limited partnership GRANTEE: CARRIAGE MANAGEMENT, INC., a Delaware corporation GRANTEE'S MAILING ADDRESS: 3040 Post Oak Blvd, Suite 300 Houston, TX 77056 CONSIDERATION: Ten Dollars and other valuable consideration. PROPERTY: The following described Land: Lot Six B (6B), Block One (1), SEASIDE SUBDIVISION, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 58, Page 117, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. Together with and including all of the Grantor's right, title and interest in and to the rights and appurtenances in any way belonging or appurtenant to said Land, including, without limitation: (i) any improvements on said Land; (ii) strips and gores, if any, adjacent or contiguous to the Land; (iii) any land lying in or under the bed of any street, alley, road, creek or stream running through, abutting or adjacent to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters; (v) easements, rights of ingress and egress and reversionary interests benefitting or serving the Land; (vi) all rights pertaining to any Exceptions to Warranty stated below; and (vii) any and all other rights, titles or interests of Grantor in the Land regardless of how evidenced or arising (the Land and other appurtenant rights being referred to herein as the "Property"). RESERVATIONS FROM CONVEYANCE: None. EXHIBIT A EXHIBIT A EXCEPTIONS TO WARRANTY: This conveyance is subject to the following matters to the extent that such are presently in force and effect and affect the Property: (1) All easements, rights-of-way and restrictive covenants, if any, of record with the County Clerk of the County in which the Property is located; (2) Taxes for the current year, the payment of which Grantee assumes; (3) All mineral estate reservations and conveyances (including assignments or reservations of royalty interests) by Grantor and by Grantor's predecessors in title as shown by the records of the County Clerk of the County in which the Property is located. The above exceptions are solely stated as limitations and qualifications to Grantor's warranty, and nothing herein shall be construed as an acknowledgement by Grantee as to the validity of any such Exceptions or an assumption or agreement by Grantee as to the terms of such Exceptions. GRANT OF PROPERTY: Grantor, for the Consideration and subject to the Reservations From Conveyance and Exceptions to Warranty, GRANTS, SELLS, CONVEYS, ASSIGNS and DELIVERS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold unto Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations From Conveyance and Exceptions to Warranty. ASSIGNMENT OF CLAIMS: Grantor hereby assigns and transfers to Grantee all claims and causes of action arising from or relating to any injury to the Property that may have occurred or originated before the Effective Date. Grantor makes no representations or warranties to Grantee as to the existence or viability of any such claims or causes of action. Grantee, and its successor and assigns, shall have the full right and power to maintain any action against any such third party (but not in the name of Grantor) and to settle, compromise or reassign any such claim and cause of action, and deliver a release in full discharge of liability for the same. ATTORNEY'S FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Deed, the prevailing party will be entitled to recover reasonable attorney's fees and court costs from the other party, which fees and costs will be in addition to any other relief awarded. 2 EXHIBIT A When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY OF NUECES § § § COASTAL AFFLUENCE GROUP, LTD. By: Coastal Essence Group, LLC Its General P: •• ir A A 1 By: Rakesh Managin This instrument was acknowledged before me on the L C day of February, 2016, by Rakesh Patel, Managing Member of Coastal Essence Group, L , a Texas limited liability company, acting as General Partner of COASTAL AFFLUENCE GROUP, LTD., a Texas limited partnership, on behalf of said partnership. PAM MOSLEY Notary ID N: 675474.6 My Commission Expires 01/23/2020 F14737\12 Railway -Coastal Anlucnce116 WDSB-0219-I 1-15 docx 3 Notary • ublic, ate o Texas GF # AMOUNT: PAGES: SAN JACINTO TITLE SERVICES -HOLLY EXHIBIT A Doc# 2016007193 # Pages 4 02/23/2016 9:59AM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $23.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3112189 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS c4< -01L -a- ),,,,.sto COUNTY CLERK NUECES COUNTY TEXAS EXHIBIT B SUBJECT PROPERTY 0 M -AT SP/86-2 400 CASE: 0117-02 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 800 Feet RM -AT Date Greaterd: 1 y14/2016, Pre'f'are i BY: JeremyM Department of Development Services Corpus Christi Bay SUBJECT PROPERTY LOCATION MAP / RF./S. / NQD City of Corpus Christi EXHIBIT B PLANNING COMMISSION FINAL REPORT Case No. 0117-02 Infor No. 16ZV1004 Planning Commission Hearing Date: January 11, 2017 Applicant & Legal Description Applicant/Owner: CLA Realtors for Carriage Management, Inc. Representatives: Wayne Lundquist Legal Description/Location: Seaside Subdivision & Riviera Condo, Block 1, Lot 6B. Zoning Request From: "RM -AT" Multi -Family Apartment Tourist District To: "RS-10/SP" Single-family 10 District with a Special Permit Area: 2.24 acres Purpose of Request: To build an event center (fellowship hall). Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -AT" Multi -Family Apartment Tourist Vacant Commercial North "RS -6" Single -Family 6 & "CN -1" Neighborhood Commercial High Density Residential High Density Residential South "RM -3" Multi -Family 3 & "CN -2" Neighborhood Commercial Public/Semi-Public Public/Semi-Public East "RS -6" Single -Family 6 & "CN -1" Neighborhood Commercial Commercial Public/Semi-Public West "RS -6" Single -Family 6 Commercial High Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for residential, educational, and recreational areas focusing on residential neighborhoods. The proposed rezoning to the "RS-10/SP" Single -Family 10 District is inconsistent with the adopted Future Land Use Map or the Southeast Area Development Plan. Map No.: 042038 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 201 feet of street frontage along Ocean Drive, which the Urban Transportation Plan designates as an "A2" Secondary Arterial Divided street. The maximum desirable average daily trips (ADT) for a designated "A2" is 20,000 to 32,000 daily trips. The subject property is located on the west side of Ocean Drive approximately 593 feet south of Robert Drive, which is designated as a "01" Minor Residential Collector street, with a maximum ADT of 1,000 to 3,000 daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2015) Ocean Drive "A2" Secondary Arterial Divided 100' ROW 54' paved 73' ROW 79' paved 26,960 ADT Robert Dr. "01" Minor Residential Collector 60' ROW 40' paved 60' ROW 49' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -AT" Multi - Family AT District to the "RS-10/SP" Single-family 10 District with a Special Permit to be incorporated into the adjoining cemetery property. The owner plans to construct an event center where families may gather after funeral services. Development Plan: The proposed rezoning is within the Seaside Subdivision and Riviera Condo. The applicant is proposing to incorporate the 2.24 acre property into the adjoining cemetery property. Existing Land Uses & Zoning: The subject property is vacant and zoned "RM -AT" Multi -Family AT District. North of the subject property, across Ocean Drive, are condominiums zoned "RM-AT/SP" Multi -Family Apartment Tourist District. South of the subject property is the Seaside Cemetery zoned "RS -10" Single -Family Residential 10 District. East of the subject property is a motel zoned "RM-AT/SP" Multi -Family Apartment Tourist District. West of the subject property is also another motel zoned "RM-AT/SP" Multi -Family Apartment Tourist District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-10/SP" Single -Family 10 District with a Special Permit is inconsistent with the Southside ADP or the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: Plan CC: Element 3: Housing and Neighborhood Vision: High-quality, safe, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new livework-play neighborhood downtown; and promoted a sense of place and neighborhood in new housing development. Neighborhoods provide housing affordable across the income scale for diverse households, the workforce, young and elderly single persons, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. Goal and Strategies: o Promote orderly development with fairness to all tax payers and rate payers while keeping in mind impacts to the affordability of housing. o Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. o Support preservation and reuse of historically significant buildings, areas, and sites. o Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. Southeast Area Development Plan: Principle Objectives: a. Stabilize and conserve residential neighborhoods Policy Statement A.3: The City should create an Overlay Zoning District (see Figure 2) between Ennis Joslin and the Cayo Del Oso similar to the Oso Parkway corridor recommended in the Southside, Westside, and Port/Airport/Violet Area Plan recommendations. Development in this area should protect natural drainage ways, water quality, view vistas, and natural plant/wildlife habitats. Secondarily, it should provide open space areas and a hike/bike trail along Ennis Joslin and Ocean Drive shoreline areas. Protection of these features increases development potential for new residential, educational, and recreational uses abutting the bay front and the Cayo Del Oso. Policy Statement B.6: Ocean Drive is a unique, scenic, drive with single family residential land uses along its corridor from Ayers Drive to Alameda and rezonings to higher density multi -family or commercial uses should be strongly discouraged. Policy Statement B.11: The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Plat Status: The subject property is platted. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan: o Uses typically found along Ocean Drive are residential, educational, and recreational. • It is staff's opinion that the proposed rezoning would negatively impact the surrounding residential and recreational properties along Ocean Drive's scenic route. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as a commercial use. • The property does not follow the Southeast Area Development Plan for stabilizing and conserving residential neighborhoods. • A Special Permit is required for cemeteries to expand to adjacent property and property would need to abide by any and all statements for development by the Unified Development Code pertaining to cemeteries and their use. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 104 within 200 -foot notification area 10 outside notification area As of January 10, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) RS ry SUBJECT PROPERTY 0 RS -10 400 800 ee[ RAI—AT Date sled://12204/001% Pr 61': `JerYmyM` ❑eparlmenl of eveiopmenl Services CASE: 0117-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 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 nSubject Property 0 Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table /t in opposition Corpus Christ, Bay SUBJECT PROPERTY *' LOCATION MAP I/ rwwr-�► City of Corpus Christi Zoning Case #0117-02 Carriage House Management, Inc. (I) From:"RM-AT" Multi -Family Apartment Tourist To:"RS-10/SP" Single -Family 10/Special Permit City Council Presentation February 21, 2017 Aerial Overview 1 N Subject Property 1 N Conditions Planning Commission recommended approval contingent upon applicant not placing any burial plots on the property abutting Ocean Drive. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 21, 2017 Second Reading for the City Council Meeting of February 28, 2017 DATE: January 30, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 4401 Ocean Drive CAPTION: Case No. 0117-03 Carriage Management, Inc.: A change of zoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit. The property is described as being 3.09 acres out of Seaside Subdivision, Block 2, Lots 1 and 2, located along the south side of Ocean Drive between Robert Drive and Airline Road. PURPOSE: The purpose of this item is to rezone the property to allow expansion of Seaside Cemetery by constructing two chapels and administration offices. RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit to incorporate the property into the adjoining Seaside Cemetery for the future construction of two chapels and an administration office. The proposed rezoning is inconsistent with both the Comprehensive Plan (Plan CC) and the adopted Future Land Use Plan's designation of the Property as commercial use however, is not anticipated to have a negative impact upon the surrounding property. Planning Commission stated approval contingent upon the developer not placing any plots on the property right on Ocean Drive. ALTERNATIVES: 1. Approval of request with conditions 2. 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 (ADP). The proposed rezoning to the "RS-10/SP" Single -Family 10 District with a Special Permit is inconsistent with the Southside ADP or the adopted Future Land Use 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 CLA Realtors for Carriage Management, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 3.09 -acre tract of land out , Seaside Subdivision, Block 2, Lots 1 and 2, from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single - Family 10 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CLA Realtors for Carriage Management, 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, January 11, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS-10/SP" Single - Family 10 District with a Special Permit, and on Tuesday, February 21, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the Special Permit granted in Section 1 of this ordinance is due to the provisions stated in the UDC 4.3.2 Permitted Uses Tables where it states that a cemetery, mausoleum, columbaria, or memorial park need a Special Permit for existing facilities expanding on same or adjacent property. WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by CLA Realtors for Carriage Management, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 3.09 -acre tract of land, Seaside Subdivision, Block 2, Lots 1 and 2, located along the south side of Ocean Drive between Robert Drive and Airline Road (the "Property"), from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District with a Special Permit (Zoning Map No. 042038), as shown in Exhibits "A" and "B," Exhibit A, which is a warranty deed of the Property, Exhibit B, which is a map to accompany the warranty deed, 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 Owner will not place any burial plots on the property abutting Ocean Dr. 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. 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 , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0117-03 Carriage Mgmt #2\Council Documents\Ordinance -0117- 03_Carriage Management, Inc.docx Page 3 of 3 EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED EFFECTIVE DATE: February 22, 2016 GRANTOR: COASTAL AFFLUENCE GROUP, LTD., a Texas limited partnership GRANTEE: CARRIAGE MANAGEMENT, INC., a Delaware corporation GRANTEE'S MAILING ADDRESS: 3040 Post Oak Blvd, Suite 300 Houston, TX 77056 CONSIDERATION: Ten Dollars and other valuable consideration. PROPERTY: The following described Land: Lot Six B (6B), Block One (1), SEASIDE SUBDIVISION, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 58, Page 117, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. Together with and including all of the Grantor's right, title and interest in and to the rights and appurtenances in any way belonging or appurtenant to said Land, including, without limitation: (i) any improvements on said Land; (ii) strips and gores, if any, adjacent or contiguous to the Land; (iii) any land lying in or under the bed of any street, alley, road, creek or stream running through, abutting or adjacent to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters; (v) easements, rights of ingress and egress and reversionary interests benefitting or serving the Land; (vi) all rights pertaining to any Exceptions to Warranty stated below; and (vii) any and all other rights, titles or interests of Grantor in the Land regardless of how evidenced or arising (the Land and other appurtenant rights being referred to herein as the "Property"). RESERVATIONS FROM CONVEYANCE: None. EXHIBIT A EXHIBIT A EXCEPTIONS TO WARRANTY: This conveyance is subject to the following matters to the extent that such are presently in force and effect and affect the Property: (1) All easements, rights-of-way and restrictive covenants, if any, of record with the County Clerk of the County in which the Property is located; (2) Taxes for the current year, the payment of which Grantee assumes; (3) All mineral estate reservations and conveyances (including assignments or reservations of royalty interests) by Grantor and by Grantor's predecessors in title as shown by the records of the County Clerk of the County in which the Property is located. The above exceptions are solely stated as limitations and qualifications to Grantor's warranty, and nothing herein shall be construed as an acknowledgement by Grantee as to the validity of any such Exceptions or an assumption or agreement by Grantee as to the terms of such Exceptions. GRANT OF PROPERTY: Grantor, for the Consideration and subject to the Reservations From Conveyance and Exceptions to Warranty, GRANTS, SELLS, CONVEYS, ASSIGNS and DELIVERS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold unto Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations From Conveyance and Exceptions to Warranty. ASSIGNMENT OF CLAIMS: Grantor hereby assigns and transfers to Grantee all claims and causes of action arising from or relating to any injury to the Property that may have occurred or originated before the Effective Date. Grantor makes no representations or warranties to Grantee as to the existence or viability of any such claims or causes of action. Grantee, and its successor and assigns, shall have the full right and power to maintain any action against any such third party (but not in the name of Grantor) and to settle, compromise or reassign any such claim and cause of action, and deliver a release in full discharge of liability for the same. ATTORNEY'S FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Deed, the prevailing party will be entitled to recover reasonable attorney's fees and court costs from the other party, which fees and costs will be in addition to any other relief awarded. 2 EXHIBIT A When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY OF NUECES § § § COASTAL AFFLUENCE GROUP, LTD. By: Coastal Essence Group, LLC Its General P: •• ir A A 1 By: Rakesh Managin This instrument was acknowledged before me on the L C day of February, 2016, by Rakesh Patel, Managing Member of Coastal Essence Group, L , a Texas limited liability company, acting as General Partner of COASTAL AFFLUENCE GROUP, LTD., a Texas limited partnership, on behalf of said partnership. PAM MOSLEY Notary ID N: 675474.6 My Commission Expires 01/23/2020 F14737\12 Railway -Coastal Anlucnce116 WDSB-0219-I 1-15 docx 3 Notary • ublic, ate o Texas GF # AMOUNT: PAGES: SAN JACINTO TITLE SERVICES -HOLLY EXHIBIT A Doc# 2016007193 # Pages 4 02/23/2016 9:59AM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $23.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3112189 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS c4< -01L -a- ),,,,.sto COUNTY CLERK NUECES COUNTY TEXAS EXHIBIT B SUBJECT PROPERTY 0 M -AT SP/86-2 400 CASE: 0117-02 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 800 Feet RM -AT Date Greaterd: 1 y14/2016, Pre'f'are i BY: JeremyM Department of Development Services Corpus Christi Bay SUBJECT PROPERTY LOCATION MAP / RF./S. / NQD City of Corpus Christi EXHIBIT B Zoning Case #0117-03 Carriage House Management, Inc. (II) From:"RM-AT" Multi -Family Apartment Tourist To:"RS-10/SP" Single -Family 10/Special Permit City Council Presentation February 21, 2017 Aerial Overview 1 N Subject Property 1 N Conditions Planning Commission recommended approval contingent upon applicant not placing any burial plots on the property abutting Ocean Drive. Planning Commission Final Report Case No. 0117-03 Infor No. 16ZV1005 Planning Commission Hearing Date: January 11, 2017 Applicant & Legal Description Applicant/Owner: CLA Realtors for Carriage Management, Inc. Representatives: Wayne Lundquist Legal Description/Location: Seaside Subdivision, Block 2, Lot 1 and 2. Zoning Request From: "RM -AT" Multi -Family Apartment Tourist District To: "RS-10/SP" Single -Family 10 District with a Special Permit Area: 3.10 acres Purpose of Request: To move their corporate offices and two chapels from the back central property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -AT" Multi -Family Apartment Tourist Vacant Low Density Residential North "RM -AT" Multi -Family Apartment Tourist Vacant and Professional Office Low Density Residential and Commercial South 10M-10" Multi -Family Public/Semi-Public Public/Semi-Public East "RM -AT" Multi -Family Apartment Tourist Medium Density Residential High Density Residential West "RM -AT" Multi -Family Apartment Tourist Public/Semi-Public Public/Semi-Public ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for residential, educational, and recreational areas focusing on residential neighborhoods. The proposed rezoning to the "RS-10/SP" Single -Family 10 District is inconsistent with the adopted Future Land Use Map or the Southeast Area Development Plan. Map No.: 042038 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 201 feet of street frontage along Ocean Drive, which the Urban Transportation Plan designates as an "A2" Secondary Arterial Divided street. The maximum desirable average daily trips (ADT) for a designated "A2" is 20,000 to 32,000 daily trips. The subject property is located on the west side of Ocean Drive approximately 1,068 feet south of Robert Drive, which is designated as a "01" Minor Residential Collector street, with a maximum ADT of 1,000 to 3,000 daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2015) Ocean Drive "A2" Secondary Arterial Divided 100' ROW 54' paved 76' ROW 80' paved 26,960 ADT Robert Dr. "01" Minor Residential Collector 60' ROW 40' paved 60' ROW 49' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -AT" Multi -Family AT District to the "RS-10/SP" Single -Family 10 District with a Special Permit (SP) to be incorporated into the adjoining cemetery property. The owner will be moving their corporate offices and two chapels from the central back property to front upon Ocean Drive. Development Plan: The proposed rezoning is within the Seaside Subdivision. The applicant is proposing to incorporate the 3.10 acre property into the adjoining cemetery property. Existing Land Uses & Zoning: The subject property is vacant and zoned "RM -AT" Multi -Family AT District. North of the subject property, across Ocean Drive, is a vacant lot with a professional office zoned "RM -AT" Multi -Family Apartment Tourist District. South of the subject property is the Seaside Cemetery zoned "RS -10" Single -Family Residential 10 District. East of the subject property is a motel zoned "RM -AT" Multi - Family Apartment Tourist District. West of the subject property is the entrance to Seaside Cemetery zoned "RM -AT" Multi -Family Apartment Tourist District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-10/SP" Single -Family 10 District with a Special Permit is inconsistent with the Southside ADP or the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: Plan CC: Element 3: Housing and Neighborhood Vision: High-quality, safe, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new livework-play neighborhood downtown; and promoted a sense of place and neighborhood in new housing development. Neighborhoods provide housing affordable across the income scale for diverse households, the workforce, young and elderly single persons, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. Goal and Strategies: o Promote orderly development with fairness to all tax payers and rate payers while keeping in mind impacts to the affordability of housing. o Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. o Support preservation and reuse of historically significant buildings, areas, and sites. o Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. Southeast Area Development Plan: Principle Objectives: a. Stabilize and conserve residential neighborhoods Policy Statement A.3: The City should create an Overlay Zoning District (see Figure 2) between Ennis Joslin and the Cayo Del Oso similar to the Oso Parkway corridor recommended in the Southside, Westside, and Port/Airport/Violet Area Plan recommendations. Development in this area should protect natural drainage ways, water quality, view vistas, and natural plant/wildlife habitats. Secondarily, it should provide open space areas and a hike/bike trail along Ennis Joslin and Ocean Drive shoreline areas. Protection of these features increases development potential for new residential, educational, and recreational uses abutting the bay front and the Cayo Del Oso. Policy Statement B.6: Ocean Drive is a unique, scenic, drive with single family residential land uses along its corridor from Ayers Drive to Alameda and rezonings to higher density multi -family or commercial uses should be strongly discouraged. Policy Statement B.11: The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Plat Status: The subject property is platted. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan: o Uses typically found along Ocean Drive are residential, educational, and recreational. • It is staff's opinion that the proposed rezoning would negatively impact the surrounding residential and recreational properties along Ocean Drive's scenic route. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as a commercial use. • The property does not follow the Southeast Area Development Plan for stabilizing and conserving residential neighborhoods. • A Special Permit is required for cemeteries to expand to adjacent property and property would need to abide by any and all statements for development by the Unified Development Code pertaining to cemeteries and their use. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM -AT" Multi -Family Apartment Tourist District to the "RS-10/SP" Single -Family 10 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 43 within 200 -foot notification area 5 outside notification area As of January 10, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 3 inside notification area — 0 outside notification area Totaling .49% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received RM -AT SP/80-14 RM -AT RS -10 400 800 Fee[ RM -AT ti Date Created: 12/1482015 Prepared By: JeremyM epartmenr of Development Services CASE: 0117-03 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 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 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 nSubject Property 0 Owners with 200' butler in favor 4 Owners within 200' listed on V Owners attached ownership table Pc in opposition SUBJECT PROPERTY City of Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaacidades, que tienen la intencion de asistir a esta juntay que requieren servicios especiales, se les supIica oue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al ntimero {361 } 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a Ia commission durante la junta y su ingles es limitado, favor de Ilamar al departamentode servicios de desarrollo al niumero__(361) 826-3240 al menos 48 horas antes de Ia iuntapara solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0117-02 Carriage Management, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -AT" Multifamily AT District to the "RS-10/SP" Single -Family 10 District with a Special Permit, resultinq_in a change to the Future Land Use Map from commercial use to low density single family use. The property to be rezoned is described as: Seaside Subdivision, Block 1, Lot 6B, located on the south side of Ocean Drive between Robert Drive and Airline 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, January 11, 2017, 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 Namet, 4 1� SMO r'L „(,,,,,,(04. Address: `1 3 CD OCLF S D1 / V L`- { ) IN FAVOR) IN OPPOSITION REASON: O lV 6 esiJb2 d�,c-rte firs L ndJ 511.eu/pe 72 -Le 44 I'fi I SEE MAP ON REVERSE SI Property Owner ID: Infor Case No.: 16ZN1004 • lb City/State:C6ibeILC �%���5'�/7/ Phones 6J —57 v _61 I Z ) O JS s +'tis Case No. 0117-02 Project Manager: Brenda Joyas Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at (east 48 hours in advance at (361) 826-3240. Personas con incapacidadess cue tienen la intention de asistfr a este junta y que reuuieren servicios especiales, se les suplica clue den aviso 48 hores antes de la iunta llamando al departamento de servicios de desarrollo, al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri irse a la commission durante la _junta y su ingles es limitado, favor de Ilamar al ierartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta mare solicitar un interrarete ser uresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0117-02 Carriage Management, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -AT" Multifamily AT District to the "RS-10/SP" Single -Family 10 District with a Special Permit, resulting in a change to the Future Land Use Map from commercial use to low density single family use. The property to be rezoned is described as. Seaside Subdivision, Block 1, Lot 6B, located on the south side of Ocean Drive between Robert Drive and Airline 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, January 11, 2017, 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 shalt 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: [ i- 4— I) 5'v Address: 43 5() d ca: Da City/State:$ 4-6 3` ( { ) IN FAVOR ( IN OPPOSITION Phone: 36 / -72Z 5 9 2 2 - REASON: REASON: rn w LTi` - /7// -,51- S ) (2_ '1- 4 fl'ert/ SEE MAP ON REVERSE SIDE Property Owner ID: �- Infor Case No.. 16ZN1004 Signature Case No. 0117-02 Project Manager: Brenda Joyas Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intenciOn de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Hernando aldepartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitedo, favor de 'lamer al dei artamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0117-02 Carriage Management, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -AT" Multifamily AT District to the "RS-10/SP" Single -Family 10 District with a Special Permit, resulting in a chance to the Future Land Use Map from commercial use to low density single family use. The property to be rezoned is described as: Seaside Subdivision, Block 1, Lot 6B, located on the south side of Ocean Drive between Robert Drive and Airline 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, January 11, 2017, 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 9277r CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office, or in person, by telephone call or by letter. Printed Name: ,' L' VL le Address: 3 (a 44 ` D3 City/State: C82 V5i Fir5r1, 7 (42--- ( ) IN FAVOR (4) IN OPPOSITION Phone:jS ~ 131)D r4keff-T7 4L-411g-i?,:e cd 6z -err -Pa, REASON: SEE MAP ON REVERSE SIDE Property Owner ID: /n Infor Case No.: 16ZN1004 Jj�J ezAtj,4 5-30 -PA G' & & Signature Case No. 0117-02 Project Manager' Brenda Joyas AGENDA MEMORANDUM First Reading for the City Council Meeting of February 14, 2017 Second Reading for the City Council Meeting of February 21, 2017 DATE: January 20, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Granting a Revocable Easement and Temporary Construction Easement on four (4) City owned properties CAPTION: Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; authorizing the City Manager or designee to execute a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to construct, operate, maintain, repair and remove one 10 inch pipeline. PURPOSE: The ordinance conveys a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to allow construction of a pipeline on four City owned properties, three near Hearns Ferry Road in Nueces County and one on U.S. Highway 77 in San Patricio County. It also appropriates the compensation into the applicable accounts for City use. BACKGROUND AND FINDINGS: DCP Sand Hills Pipeline, LLC (DCP) is preparing to construct a 68 mile, 10 -inch high pressure natural gas line from Flint Hills Refinery in Corpus Christi to Three Rivers and has requested easements from property owners along the route. DCP identified approximately 185 parcels, four owned by City as shown on the attached Exhibits. Three City parcels are near Hearns Ferry Road where the City police shooting range is located. The fourth parcel is in San Patricio and used for the Mary Rhodes Pipeline. The proposed pipeline is planned at a minimum depth of 48 -inches with construction by a combination of "open cut" trenches and horizontal directional bore. There will be no valves or other fixtures within the City's properties. The scope and locations were coordinated and approved by City's Water Department, Police Department, and Department of Engineering. The total compensation value of the revocable easement and temporary construction easement was calculated by the City Land Acquisition staff in the amount of $97,145.58. The value was based on three variables; pipe size (diameter), pipe length, and easement surface area. These type easements are typical for oilfield applications using a "per rod" or "per foot" unit value of $2.00 per inch of the outside diameter for each pipe. The easement values are calculated based on the surface area and discounted against the property value at 75% for revocable easements with only 12% for temporary construction easements per year. The easement surface area varies with the locations and maintenance access requirements for each parcel. The City properties were appraised at $1.50 per square foot. The following apportionment method and calculations are consistent with previous Revocable Easement conveyances granted by the City across City land: A) Pipe Size, Length, and Quantity Fee: 10 -inch pipe X $2.00/inch/foot $20.00/foot X 1,356.52 feet = $20.00 per foot = $27,130.40 B) Revocable Easement area fee (75% of the property value of $1.50/SF): 40,759 total SF x $1.13 (property value) = $46,057.67 C) Temporary Construction Easement fee (12% of the property value of $1.50/SF): 60,639 SF x 12% x $1.50 (property value) = $10,915.02 per year $10,915.02 per year / 2 (6 month project) = $5,457.51 (Planned construction duration is less than 6 month per parcel) D) Additional compensation (Cathodic Protection): New anode bed and test station (installed cost) = $18,500 (Recommend to control potential corrosion with two nearby metal pipelines) E) Total fee: Pipe Size, Length, and Quantity Fee: Easement Area Fee: Temporary Construction Easement: Additional compensation $27,130.40 $46,057.67 $ 5,457.51 $18,500.00 Total Just Compensation: $97,145.58 The easement is revocable by the City if DCP violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. DCP will also fully indemnify the City against any and all liability, damage, loss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement instrument. Authorization to convey or amend easements across City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Do not grant the easement. DCP Sand Hills Pipeline, LLC is a common carrier in the State of Texas with eminent domain rights. Failure to grant the easement to them could lead to eminent domain proceedings against the City. (Not Recommended) OTHER CONSIDERATIONS: DCP Sand Hills Pipeline, LLC required this Revocable Easement in order to construct the pipeline. CONFORMITY TO CITY POLICY: The ordinance conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. The Revocable Easement instruments contain terms and conditions which pertain to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services Water Department Police Department Legal Department FINANCIAL IMPACT: [ ] Operating applicable [ X ] Revenue [ ] Capital [ ] Not Fiscal Year 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $97,145.58 $97,145.58 BALANCE $97,145.58 $97,145.58 Fund(s): Comments: This is a revenue item. No expenditures are required. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Revocable Easement Temporary Construction Easement Council Exhibits (4) Location Map Presentation • Vg ,s4 To Three Rivers Project Limits 574 /&,3, 0 rt Supercenter 1694 1694 '44 Flint Hills Resources LOCATION MAP NOT TO SCALE 3�$Fl Sand Hills Pipeline, LLC Temporary Easement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS Corpus000 ti Engineering Granting a Revocable Easement And Temporary Construction Easement On 4 City Owned Properties Council Presentation February 14, 2017 Project Location Carpus Chrsti Engineering 6241 To Three Rivers Sand Hills Pipeline I zs 0 rt Supercenter w 0 116,41 Flint Hills Resources Project Vicinity Corpus Chrsti Engineering Project Scope Carpus Chrsti Engineering This Ordinance will convey a Revocable Easement and a temporary Construction Easement to DCP Sand Hills Pipeline for construction of a natural gas pipeline from Flint Hills Refinery to Three Rivers. The Pipeline will cross four (4) city -owned properties: • Three (3) parcels, near Hearn's Ferry Road, where the Police shooting range is, • The fourth (4) parcel is in San Patricio and used for the Mary Rhodes Pipeline. Sand Hills Pipeline will compensate the City $97,145.58 for these easements. Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; ao=j -a-OEe=Ce= gtetti Et ig= EnEAi it= = o Ei gA-A = b-eEa tai= -ate = qEa ego -6'6= caeiei A ka b-eEa m:p-ac=effeqnfetatet14 i 4C4caeiei Ail= CeFeriEl� -ani-aiI�Ee-a:ff-a( Ea gi E aE WIahAU e& EK pb' qfl k*KRevenue in the amount of $97,145.58 is accepted from Sand Hills Pipeline, LLC and $78,645.58 is appropriated into the No 1020 General Fund and $18,500 in the No 4010 Water Operational Fund. pb' qfl k 434 Atransfer in the amount of $78,645.58 from the No. 1020 General Fund is approved and appropriated in Police CIP Fund 3340. pb' qfl k#'IThe Operational Budget approved by Ordinance 030965 is amended to increase revenues and expenditures in the amount of $97,145.58. pb' qfl k=CIThe Capital Improvement Budget approved by Ordinance 030936 is amended to increase revenues and expenditures in the amount of $78,645.58. pb' fqfl k#WThat a 30 foot wide Revocable Easement and a 40 foot wide Temporary Construction Easement be granted to Eagle Ford Pipeline, LLC, for the purpose of constructing, operating, maintaining, repairing and removing one (1) 10 -inch pipeline across a tract of City owned properties near Hearns Ferry Road in Nueces County and near U.S. 77 in San Patricio County, for the amount of $97,145.58 be paid to the City.= pb' qfl k IfFThat the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. ATTEST: Rebecca Huerta City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; ao=j -a-OEe=Ce= gtetti Et ig= EnEAi it= = o Ei gA-A = b-eEa tai= -ate = qEa ece-66= caeiei Aika b-eEa m:p-ac=effeqnfetatet14 i 4C4gaeiei Ail= gi E aE VVItaAU e& EK pb' qfl k=W Revenue in the amount of $97,145.58 is accepted from Sand Hills Pipeline, LLC and $47,596.55 is appropriated into the No 1020 General Fund and $49,549.03 in the No 4010 Water Operational Fund. pb' qfl k=Cit A transfer in the amount of $47,596.55 from the No. 1020 General Fund is approved and appropriated in Police CIP Fund 3340. pb' qfl k#'IThe Operational Budget approved by Ordinance 030965 is amended to increase revenues and expenditures in the amount of $97,145.58. pb' qfl k=CIThe Capital Improvement Budget approved by Ordinance 030936 is amended to increase revenues and expenditures in the amount of $47,596.55. pb' fqfl k#WThat a 30 foot wide Revocable Easement and a 40 foot wide Temporary Construction Easement be granted to Eagle Ford Pipeline, LLC, for the purpose of constructing, operating, maintaining, repairing and removing one (1) 10 -inch pipeline across a tract of City owned properties near Hearns Ferry Road in Nueces County and near U.S. 77 in San Patricio County, for the amount of $97,145.58 be paid to the City.= pb' qfl k=SI$=That the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. ATTEST: Rebecca Huerta City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor REVOCABLE EASEMENT (DCP Sand Hills Pipeline, LLC, 1x10 in., 2017) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by DCP Sand Hills Pipeline, LLC, a Delaware limited liability company, whose address is 5718 Westheimer Rd., Suite 1900, Houston, Harris County, Texas, 77057 ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said DCP Sand Hills Pipeline, LLC, the right to relocate, install, operate, repair, replace, and maintain one (1) pipeline, not to exceed ten (10) inches in diameter, for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, under the land owned by Grantor described and shown on the attached Exhibit "A" (pages 1-8). TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tracts of land as shown on the attached and incorporated Exhibit "A" (pages 1-8), for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement 1 of 16 f) City Attorney means City's City Attorney or his designee. g) Grantee means DCP Sand Hills Pipeline, LLC. h) Improvements means one (1) pipeline, each not to exceed ten (10) inches in diameter within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit "A" means the Exhibit, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, Revocable Easement 2 of 16 operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property under which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than four (4') feet from top of existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or Revocable Easement 3 of 16 regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" Wastewater - 18" Gas - 18" Storm Water - 18" TimeWarner - 12" SWB - 12" AEP (CPL) - 12" ESPIRE- 12" KMC -12" ICG -12" Grande(ClearSource) - 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance Revocable Easement 4 of 16 policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "B". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut Revocable Easement 5 of 16 the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. City will file the Revocable Easement at the Nueces County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Revocable Easement 6 of 16 Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Representatives at: Water Representative - 361 - 857-1888 (880-3140, after hours) Wastewater Representative - 361 - 857-1818 (880-3140, after hours) Gas Representative - 361 - 885-6900 (885-4396, after hours) Street Superintendent - 361 - 857-1940 (886-2600, after hours) Storm Water Superintendent - 361 - 857-1881 (880-3140, after hours) Traffic Signal & Fiber Optic - 361 - 857-1940 (886-7452, after hours) Texas One Call - 361 - 1-800-245-4545 1-800-DIG-TESS - 361 - 1-800-344-8377 and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed Revocable Easement 7 of 16 adjacent to all pits. At a minimum the following items will be included in the permit: I) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type 1 Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's Revocable Easement 8 of 16 request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. f) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any Revocable Easement 9 of 16 other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. I) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Revocable Easement 10 of 16 Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed this the day of , 2017. GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Valerie H. Gray, P.E. Revocable Easement 11 of 16 APPROVED S TO LEGAL FORM: day of , 2017. By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017, by Valerie H. Gray, P.E., Executive Director of Public Works, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement 12 of 16 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2017, by , in his/her capacity as of DCP Sand Hills Pipeline, LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. DCP Sand Hills Pipeline, LLC By: Name: Title: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me this day of 2017. as of DCP Sand Hills Pipeline, LLC, who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement 13 of 16 EXHIBIT B INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City' s Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement 14 of 16 WORKERS' COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph Ii Of This Exhibit $500,000/$500,000/$500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business m the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as Revocable Easement 15 of 16 respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee'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 agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor' s performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. DCP Sand Hills Pipeline, LLC Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement 16 of 16 City of Corpus Christi Department of Engineering Services Property and Land Acquisition Division DCP Sand Hills Pipeline, LLC NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Temporary Construction Easement THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT THE CITY OF CORPUS CHRISTI ("GRANTOR), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, acting by its duly authorized City Manager, or designee, ( 'City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by DCP SAND HILLS PIPELINE, LLC ("GRANTEE"), a Delaware limited liability partnership, whose address is 5718 Westheimer Rd., Suite 1900, Houston, Texas 77057, the receipt of which is hereby acknowledged, has granted and conveyed, and does hereby grant and convey unto DCP Sand Hills Pipeline, LLC, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and temporary construction easement of going in, on, over, under and along a certain tracts of land situated in San Patricio County, Texas and Nueces County, Texas, and being described as follows: The property descriptions and maps showing the locations of the Temporary Construction Easement is attached and incorporated as "Exhibit A" (pages 1-8). Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing a pipeline along the Premises. SPECIAL PROVISIONS: 1. Upon completion of the project Grantee' s contractor will restore the land to its original condition. 2. All other structures, improvements, and fencing that are to be moved during construction will be placed back to their original locations and condition. 3. During the construction period, free ingress and egress will be maintained to the property described above. 4. Grantee's contractor will use "double ditch" method of farm soil removal and replacement. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for use as a Temporary Construction Easement and Right -of -Way for the period of one hundred and eighty (180) working C:\PROGRAM FILES \GRANICUS\LEGISTARO\L5\TEMP\FC4E4581-3109-4AOE-AF27-566C485F2D92.DOC Page 1 of 3 days beginning upon the start-up of construction. Grantor: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 Capital Programs, City Hall, 1201 Leopard, Third Floor Property and Land Acquisition Division Corpus Christi, Texas 78469-9277 VALERIE H. GRAY, P.E., Executive Director of Public Works THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 20 by Valerie H. Gray, P.E., as Executive Director of Public Works Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS DAY OF , 20 FOR THE CITY ATTORNEY Janet Kellogg, Assistant City Attorney CITY LEGAL DEPARTMENT C:\PROGRAM FILES \GRANICUS\LEGISTARO\L5\TEMP\FC4E4581-3109-4AOE-AF27-566C485F2D92.DOC Page 2 of 3 The person signing this easement as Grantee, or signing on behalf of the Grantee, represents, warrants, and guarantees that they are the Grantee or have the authority to act on behalf of the Grantee for the purpose and consideration stated. BY: GRANTEE PRINTED NAME: TITLE: THE STATE OF § COUNTY OF § This instrument was acknowledged before me on by [Seal] day of , 20 Notary Public in and for the State of ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 20 . C:\PROGRAM FILES \GRANICUS\LEGISTARO\L5\TEMP\FC4E4581-3109-4AOE-AF27-566C485F2D92.DOC Page 3 of 3 i 1.ES 1. MSGTEM G w 73 THE 0111 14 FEET CDORONMIE 2. SL8 BGS 84,1W DE NO 1357OR ONE 2. SU IDENT SEAM F No SEMBea 84 Ui 8 ANYO OTHER SEARCH FOR EA ACCIR � OR ANY OTHER FACS THAT AN ACCIAPAlE AND CUPROJ/ TITLE SEARCH ATTACHED DISCLOSE SEE AifACHED /£GV. DESCRIPTION Legal description: EXHIBIT "A" 1OF2 BEING a 30 foot permanent pipeline easement in the B.S. & F, Survey, Abstract Number 857, and the J. Warner Survey, Abstract Number 909, Nueces County, Texas, and being a portion of a certain tract as described in a deed to The City of Corpus Christi, as recorded in Document Number 2003063324, Official Public Records, Nueces County, Texas, said easement being described as follows: COMMENCING at a 5/8 inch iron rod found for an angle point in the northeast line of said City of Corpus Christi tract, and for the southeast corner of a certain tract as described in a deed to Port of Corpus Christi Authority of Nueces County Texas, as recorded in Volume 1926, Page 909, Deed Records, Nueces County, Texas; THENCE, N 631656" W, with the northeast line of said City of Corpus Christi tract, and the south line of said Port of Corpus Christi tract, a distance of 67.15 feet, to the POINT OF BEGINNING [N: 10107954.28, E:2108762.46] of this easement, in the northeast line of said City of Corpus Christi tract, and the a south line of said Port of Corpus Christi tract; THENCE, S 45'01'12" E, through the said City of Corpus Christi tract, a distance of 535.95 feet, to the point for a corner; THENCE, S 41'32'09" E, continuing through the said City of Corpus Christi tract, a distance of 207.59 feet, to the point for a corner, in the southeast line of said City of Corpus Christi tract, and an interior northwest line of a certain tract as described in a deed to Flint Hills Resources Corpus Christi, LLC., as recorded in Document Number 2010040428, Official Public Records, Nueces County, Texas, THENCE, S 43'0309" W, with the southeast line of said City of Corpus Christi tract, and the interior northwest line of said Flint Hills tract, a distance of 30.19 feet, to the point for a corner, from which a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for an angle point in the southeast line of said City of Corpus Christi tract, and an interior corner of said Flint Hills tract, bears S 43'03'09" W, a distance of 260.40 feet; THENCE, N 41'32'09" W, through the said City of Corpus Christi tract, a distance of 209.52 feet, to the point for a corner; THENCE, N 45'01'12" W, continuing through the said City of Corpus Christi tract, a distance of 625.95 feet, to the point for a corner; THENCE, S 63'1656" E, with the northeast /one of said City of Corpus Christi tract, and the south line of said Port of Corpus Christi tract, a distance of 95.73 feet, to the Point of Beginning, for a total of 23,685 square feet, 0.54 acres more or less. I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO 7715 BEST OF MY KNOWLEDGE 7711S PLAT IS TRUE AND CORRECT OF A SURVEY MADE 011 771E GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S. & F. SURVEY, ABSTRACT No. 857 J. WARNER SURVEY, ABSTRACT No. 909 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 34,794 SQ. FT .108.• RNR DRAWN e,` Pe PEPE& ca AFE.' 300214263 141E 09/76/16 NEN. 1/6/77 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\6 — The City of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 23,685 ACRES: 0.54 CENTERLINE FOOTAGE: 789.50' RODS: 4785 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, 7X 76067 800-482-7199 CELCO SURVEYING REO. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS. TX 78130 512-635-4857 % NOW 1. 845I5 OF BEARING /5 THE um 14 FEET COOROIi47E swat NGS 84, W 96'-107 ZONE 2 SURVEYOR HAS MADE NO RIVESIEATIES4 OR RST SF,4800 FOR OR ANY OTHER FACTS THAT AN ACCLRATE AND CURRENT TITLE SEARCH AMY asaosC .I SEE ATTACHED LEGAL DESCRIPTION. POINT OF BEGINNING N:10107954.28 E.•2108762.46 PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TEXAS VOLUME 1926, PAGE 909 DEE j E.%L & F' S TRACT N ABS N 63'16'56" W 67.15' 5/8" IRON ROD FOUND EXHIBIT "B" 30' EASEMENT SQUARE FOOTAGE: 23,685 L6 AL 2OF2 DEED LINE -1/ 1=L-li ---/1 /L — — --//_ NER SURVEY UR 9 pY AB 9 J.RACT NO. FLINT HILLS RESOURCES CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 THE CITY OF CORPUS CHRISTI DOCUMENT NUMBER 2003063324 PROPOSED PIPELINE PROPERTY BOUNDARY VICINITY MAP N.TS. TEMPORARY WORKSPACE 34,794 SQ. FT. S 43'03'09" W 260.40' LINE BEARING DISTANCE Ll S 45'01'12' E 535.95' L2 S 41'32'09" E 207.59' L3 S 43'03'09" W 30.13' L4 N 41'32'09" W 209.52' L5 N 45'01'12" W 625.95' L6 S 63'16'56" E 95.73' I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4160 0 5/8 CAPPED IRON ROD FOUND "URBAN ENGR CC 1X" 100' 200' 300' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S.LIG F. SURVEY, ABSTRACT No. 857 J. WARNER SURVEY, ABSTRACT No. 909 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 34,794 SQ. FT J0B.•fHR AR4NN BY: ON CHECKED. m AFE.' 5002142A3 GATE 09/16/16 NEv: 1/qhr P:\DCP\Sandhills Projects\Flint Hills to Sand Hills\Certified Plats\6 - The City of Corpus Christi REV-1.dwg SQUARE FOOTAGE' 23,685 ACRES: 0.54 CENTERLINE FOOTAGE. 789.50' RODS: 47.85 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 ww i 1.ES 1. MSGTEM G WG 75 RE 0111 14 FEET GDORONp1E SYSTEM BGS 84, AD NO 205E 2. SMPKYOT SHASEA MADE No s ara 6V D7 CUMERANCEa OR ANYO OTHER FAC1SRCH FOR EA ACCIR OR ANY OTHER FACS RL17 AN AGCLWAlE AND CIAPROJ/ TITLE RSEWN SEE ATTACHED LEGAL DESCRIPTION Legal description: EXHIBIT "A" 1OF2 BEING a 30 foot permanent pipeline easement in the B.S. & F, Survey, Abstract Number 857, Nueces County, Texas, and being a portion of a certain tract as described in a deed to The City of Corpus Christi, as recorded in Document Number 2003063324, Official Public Records, Nueces County, Texas, said easement being described as follows: COMMENCING at a 5/8 inch capped iron rod found marked "3589" for the southwest corner of a certain tract as described in a deed to The Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Volume 1926, Page 909, Deed Records, Nueces County, Texas, and an angle point in the north line of a ceratin tract as described in a deed to Flint Hills Resources Corpus Christi, LLC., as recorded in Document Number 2010040428, Official Public Records, Nueces County, Texas; THENCE, S 631656" E, with the south line of said Port of Corpus Christi tract, and the north line of said Flint Hills tract, a distance of 281.03 feet, to the POINT OF BEGINNING [N: 10108202.61, E.:2108269.09] of this easement, at the north corner of said City of Corpus Christi tract, the south line of said Port of Corpus Christi tract, and the a north line of said Flint Hills tract; THENCE, S 63'1656" E, with the north line of said City of Corpus Christi tract, and the a south line of said Port of Corpus Christi tract, a distance of 73.63 feet, to the point for a corner, from which a 5/8 inch iron rod found for an angle point in the north line of said City of Corpus Christi tract, and the southeast corner of said Port of Corpus Christi tract, bears S 63'1656" E, a distance of 545.87 feet; THENCE, N 81'59'07" W, through the said City of Corpus Christi tract, a distance of 73.50 feet, to the point for a corner, in the west line of said City of Corpus Christi tract, and an interior line of said Flint Hills tract; THENCE, N 1703'47" W, with the west line of said City of Corpus Christi tract, and the interior line of said Flint Hills tract, a distance of 23.91 feet, to the Point of Beginning, for a total of 868 square feet, 0.02 acres more or less. I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY 1HAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY BS&F SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 4,380 SQ. FT 1013' F/!R DRAWN E CHB CHEMED. ca WE 500214283 041E 10/01/16 NEN. 1/6/77 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\8 — The City of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 868 ACRES: 0.02 CENTERLINE FOOTAGE: 26.80' RODS 1.62 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, 7X 76D67 600-462-7199 CELCO SURVEYING REG. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 % NOW 1. 845I5 OF BEARING 15 THE UDI 14 FEET COOROSJ4TE 505!58 NGS 84, W 96-107 ZONE 2 SURVEYOR HAS 8405 NO RIYEfl74TA7H OR RST 5FA OY FAR E15E088SENCUPORANCa OR ANY OTHER FACTS THAT AN ACCLRAIE AND CURRENT TITLE SEARCH AMY O5L7.OSC S SEE ATTACHED LEGAL DESCRIPTION. 5/8 CAPPED IRON ROD FOUND 3589" FLINT HILL RESOURCE CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 & F, SURVEY UR v8Y 7 ABSTRACT N A PROPOSED PIPELINE PROPERTY BOUNDARY VICINITY MAP N. T.S. 16. ?BoJ .T \ / EXHIBIT "B" 20,2 x 1 / / / / n x / // x I PO/NT OF BEGINNING N:10108202.61 E:2108269.09 30' EASEMENT SQUARE FOOTAGE: 868 TEMPORARY WORKSPACE 4,380 SQ. FT. 40* 6, ee 1 LINE BEARING DISTANCE Ll S 6316'56" E 73.63' L2 N 8159'07" W 73.50' L3 N 17'03'47" E 23.91' THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS VOLUME 1926, PAGE 909 lits .9•0j ej, 0,, `32QF•Q ST 5/8" IRON ROD FOUND I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY 1HAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4160 0 50' 100' 150' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY BS&F SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 4,380 SQ. FT J0&• FHR URANH 8Y.• LIB CHECKED. GEL AFE.' 500214243 DATE 10/04,16 REY: 1/617 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plats\8 — The City of Corpus Christi REV-1.dwg SOUARE FOOTAGE' 868 ACRES: 0.02 CENTERLINE FOOTAGE. 26.80' RODS: 1.62 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 ww i NOTES 1. K. 8156 G W IS RE OH/ 14 FEET COORONMIE SYSTEM BGS 84, W AD NO 557 ONE 2. SLRKYOT SHASEA MADE No s ara 6V D7 CUMBRANCES OR NO' OTHER FAC1SRCH FOR EA ACCIR OR ANY OTHER MAY Y DI THAT AN ACCLWAlE AND p.IPREN/ TITLE SEE E1Y 3 AL DES CLOSE SEE AifAClffO LEGAL DESCRIPTION Legal description: EXHIBIT "A" 1OF2 BEING a 30 foot permanent pipeline easement in the B.S. & F, Survey, Abstract Number 857, Nueces County, Texas, and being a portion of a certain tract as described in a deed to The City of Corpus Christi, as recorded in Document Number 2003063324, Official Public Records, Nueces County, Texas, said easement being described as follows: COMMENCING at a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for the southeast corner of said City of Corpus Christi tract, and an interior corner of a certain tract as described in a deed to Flint Hills Resources Corpus Christi, LLC., as recorded in Document Number 2010040428, Official Public Records, Nueces County, Texas; THENCE, N 33'58'33" E, with the west line of said City of Corpus Christi tract, and the most westerly east line of said Flint Hills tract, a distance of 253.17 feet, to the POINT OF BEGINNING' [N: 10108304.19, E:2107278.29] of this easement, in the west line of said City of Corpus Christi tract, and the a east line of said Flint Hills tract; THENCE, N 33'58'33" E, continuing with the west line of said City of Corpus Christi tract, and the a east line of said Flint Hills tract, a distance of 33.37 feet, to the point for a corner, from which a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for an angle point in the west line of said City of Corpus Christi tract, and an angle point in a east line of said Flint Hills tract, bears N 33°58'33" E, a distance of 13.79 feet; THENCE, S 81'5937" E, through the said City of Corpus Christi tract, a distance of 378.38 feet, to the point for a corner, in the east line of said City of Corpus Christi tract, and the most easterly west line of said Flint Hills tract, from which a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for the northeast corner of said City of Corpus Christi tract, and for a northwest corner of said Flint Hills tract, bears N 34'00'59" E, a distance of 103.14 feet; THENCE, S 34'00'59" W, with the east line of said City of Corpus Christi tract, and a west line of said Flint Hills tract, a distance of 33.38 feet, to the point for a corner; THENCE, N 81'59'07" W, through the said City of Corpus Christi tract, a distance of 378.35 feet, to the Point of Beginning, for a total of 11,351 square feet, 0.26 acres more or less. 1, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT 70 THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON THE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S. & F. SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 15,134 SQ. FT 108.• P748 DRANK 05 C18 CHECKER GEL WE 500214293 041E 09//6/16 NEN. 1/6/77 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\10 — The CIty of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 11,351 ACRES: 0.26 CENTERLINE FOOTAGE: 376..37' RODS 22.93 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WEDS, 7X 76067 600-462-7199 CELCO SURVEYING REG. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 % NOW 1. 845I5 OF BEARING /5 THE UDI 14 FEET COORD#747E SYSTEM NGS 84, W 96'-107 ZONE 2 SURVEYOR HAS MADE NO RIVESTEATIES4 OR RST SF,4800 FON EIS 08 ANY OTHER FACTS THAT AN ACCLRATE AND CURRENT TITLE SEARCH AMY O5L7.OSE S SEE ATTACHED LEGAL DESCRIPTION. 5/8 CAPPED IRON ROD FOUND URBAN ENGR CC TX' N 33'58'33" E 13.79' FONT HILL RESOURCE CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 5/8 CAPPED IRON ROD FOUND URBAN ENGR CC 1X" RVEY SU NO. 857 x x 5 EXHIBIT "B" 2OF2 5/8 CAPPED IRON ROD FOUND URBAN ENGR CC TX' POINT OF BEGINNING N:10108304.19 E.:2107378.29 PROPERTY BOUNDARY VICINITY MAP N.TS. TEMPORARY WORKSPACE 15,134 SQ. FT. THE CITY OF CORPUS CHRISTI DOCUMENT NUMBER 2003063324 / I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 1 LINE BEARING DISTANCE Ll N 33'58'33" E 33.37' L2 S 81'59'07' E 378.38' L3 S 34'00'59" W 33.38' L4 N 81'59'07" W 378.35' x N 34'00'59' E 103.14' FLINT HILL RESOURCE CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 0 100' 200' 300' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S. & F. SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 15,134 SQ. FT. J08.• FHR ARINN 8Y.• ON CHECKED. GEL AFE.' 507214243 LATE 09/16/16 NEv: 1/qhr P:\DCP\Sandhllls Projects\Flint Hills to Sand Hills\Certified Plots\ 10 — Me City of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 11,351 ACRES: 0.26 CENTERLINE FOOTAGE. 378.37' RODS: 22.93 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 ww i NOTES 1. 84313 0' OEIRRA: 73 THE 0111 74 FEET GOORONpTE 5)STO/ MS 84, w 8e'-107 ZONES11 2. SLRK6JVE5773YOR Has WADE NO 477 W 07 APO1O SEARCH FOR FASE"KK � 5 ENCIN�RA OR D7 ANY OTHER FACTS ER MAT AN 00000473 AND 007RENT DRE SEARCH 141Y DES DISCLOSE A SEE ATTACHED 7004. DESCRIPTION. Legal description EXHIBIT "A" 1OF2 BEING' a 30 foot pipeline easement in the V. Tares & P. Villareal Survey, Abstract 32, San Patricio County, Texas, and being a portion of a certain lot described in deed to City of Corpus Christi, as recorded in Doc. /539670, Real Property Records, San Patricio County, Texas, said easement being described as follows: BEGINNING at a point [N: 10131933.79, E.:2085416.78] in the said City of Corpus Christi tract, from which a capped iron rod (RPLS 1907) found bears S 44'19'04" E, 226.79 feet; THENCE N 43'49'27" E, a distance of 30.00 feet, to a point for a corner of this easement; THENCE S 46'43'05" E, a distance of 66.94 feet, to a point for a corner of this easement; THENCE S 31'43'05" E, a distance of 43.95 feet, to a point for a corner of this easement; THENCE S 16'43'05" E, a distance of 43.95 feet, to a point for a corner of this easement; THENCE S 01'43'05" E, a distance of 3.96 feet, to a point for a corner of this easement; THENCE S 43'45'11" W, a distance of 42.08 feet, to a point for a corner of this easement; THENCE N 01'43'05" W, a distance of 29.52 feet, to a point for a corner of this easement; THENCE N 16'43'05" W, a distance of 36.05 feet, to a point for a corner of this easement; THENCE N 31'43'05" W, a distance of 36.05 feet, to a point for a corner of this easement; THENCE N 46'43'05" W, a distance of 63.27 feet, to the Point of Beginning, for a total of 4,855 square feet or 0.11 acres more or less. I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON THE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE CITY OF CORPUS CHRISTI PROPERTY V. TARES & P. I4LLAREAL SURVEY, ABSTRACT No. 32 SAN PATRIC/O COUNTY, TEXAS TEMPORARY WORKSPACE 6,331 SQ. FT .108.• FTN DRAWN BX 90 CHEMED. GEL AFE 500214283 DATE 77/03/76 REN. 1/6/17 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\21 — City of Corpus Chrisit REV-1.dwg SQUARE FOOTAGE: 4,855 ACRES: 0.11 CENTERLINE FOOTAGE: 161.85' ROOS: 9.81 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, 7X 76067 800-482-7199 CELCO SURVEYING REG. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 NOES 1. 845I5 OF BEARING IS Rif 078 14 FEET COORD#747E 505758 NGS 84, W 96-107 ZONE 2 SURVEYOR HAS WOE NO INVESl5/7pN 08 8DE>YTDO87 5FA OY FAR EASE 475 08 ANY OTHER FACTS THAT AN ACCLRAIE AND CURRENT 772E SEARCH LAY 0150.08E .I SEE ATTACHED LEGAL DESCRIPTION. LINE BEARING DISTANCE Ll N 43'49'27" E 30.00' L2 S 46'43'05" E 66.94' L3 S 31'43'05" E 43.95' L4 S 16'43'05" E 43.95' L5 S 01'43'05" E 3.96' L6 S 43'45'11" W 42.08' L7 N 01'43'05" W 29.52' L8 N 16'4305" W 36.05' L9 N 31'4305" W 36.05' L10 N 46'43'05" W 63.27' 5/8" CAPPED IRON ROD (RPLS 1907) S 44'19'04" E 226.79' COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. DOCUMENT No. 518348 POINT OF BEGINNING N:10131933.79 E.•2085416.78 I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE 014 THE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION 110. 4160 EXHIBIT "B" 2 OF 2 V TARES 8e SURVEY P. VIL 0EAL L ABSTRACT 32 TEMPORARY WORKSPACE 6,331 SQ. FT. CITY OF CORPUS CHRISTI DOCUMENT No. 539670 ACCESS RD COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. DOCUMENT No. 525142 30' EASEMENT SQUARE FOOTAGE: 4,855 PROPOSED PIPELINE PROPERTY BOUNDARY VICINITY MAP N.TS. 0 50' 100' 150' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE CITY OF CORPUS CHRISTI PROPERTY V. TARES & P. VILLAREAL SURVEY, ABSTRACT No. 32 SAN PATRIC/O COUNTY, TEXAS TEMPORARY WORKSPACE 6,331 SQ. FT JOB.• RIR DRANK 8Y.• ACS CHECKED. GEL AHE.• 5002142A3 LATE 7116 REP 1/qhs P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plats\21 — City of Corpus Chrisit REV-1.dwg SOUARE FOOTAGE' 4,855 ACRES: 0.11 CENTERLINE FOOTAGE. 161.85' RODS: 9.81 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 ORDINANCE APPOINTING YOUNG MIN BURKETT, JACQUELINE DEL LLANO CHAPA, RAY A. GONZALEZ, GAIL LOEB, PATRICK 0' HARE, AND MIKE JAMES ALANIZ AS MUNICIPAL JUDGES OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF CORPUS CHRISTI, TEXAS; APPOINTING GAIL LOEB AS THE PRESIDING JUDGE; APPOINTING JERRY L. BATEK, ROBERT BRUNKENHOEFER, CHRISTOPHER E. MATT, MICHAEL MCCAIG, TODD A. ROBINSON, AND DAVID WALSH AS PART-TIME JUDGES OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF CORPUS CHRISTI; DETERMINING SALARY; PROVIDING A TERM OF OFFICE; AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Corpus Christi Code Sec. 29-4, the city council shall appoint municipal judges, as deemed necessary for the benefit and conduct of the court. Each judge shall be appointed by the city council and shall hold office for a two-year term coterminous with the term of the appointing city council unless sooner removed or until the successor, if any, is appointed; and WHEREAS, in continuation of the April 2016 City Policy amendment to phase out car allowances, municipal judges will not be eligible for car allowances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Young Min Burkett, Jacqueline Del Llano Chapa, Ray A. Gonzalez, Gail Loeb, Patrick 0' Hare, and Mike James Alaniz are appointed as Municipal Judges of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 2. That Gail Loeb is appointed as Presiding Judge of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 3. That each person appointed to the full-time municipal judge position shall receive the fixed salary of $97,935 within Grade 335 of the City of Corpus Christi's Employee Compensation and Classification System, with the exception of the person appointed as Presiding Judge, who shall receive the fixed salary of $114,069 within Grade 334 of the City of Corpus Christi' s Employee Compensation and Classification System. SECTION 4. That each person appointed as Municipal Judge of the Municipal Court of Record will not be entitled to a car allowance. SECTION 5. That Jerry L. Batek, Robert Brunkenhoefer, Christopher E. Matt, Michael McCaig, Todd A. Robinson, and David Walsh are appointed as Part -Time Judges of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 6. That each person appointed to the part-time municipal judge position shall receive an hourly rate of $45.35 per hour, within Grade 140 of the City of Corpus Christi' s Employee Compensation and Classification System, with the exception of Robert Brunkenhoefer and Michael McCaig, who shall receive an hourly rate of $44.25 per hour, 1 within Grade 140 of the City of Corpus Christi' s Employee Compensation and Classification System. SECTION 7. That each judge shall hold office for a term coterminous with the term of the appointing City Council unless sooner removed or until the successor, if any, is appointed. SECTION 8. This ordinance takes effect upon passage on second reading. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor 3 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 21, 2017 Second Reading for the City Council Meeting of February 28, 2017 DATE: TO: Margie C. Rose, City Manager February 2, 2017 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Appropriating $12,075.64 from the Radio System Capital Replacement Reserve Fund to pay for repairs to the Violet radio transmission tower CAPTION: Ordinance appropriating $12,075.64 from the Radio System Capital Replacement Reserve Fund to pay for repairs to transmission lines at the Violet radio transmitter site which serves the City, County, and RTA radio systems; amending the FY16-17 budget adopted by Ordinance No. 030965 to increase expenditures by $12,075.64. PURPOSE: The capital replacement funds must be appropriated in order to be used. BACKGROUND AND FINDINGS: The funds appropriated will be used to replace transmission line on the Violet radio transmitter site which recently failed due to water damage. The lines have been operable since 1990. The radio system capital replacement fund was established by the interlocal agreement between the City, RTA, and Nueces County. It calls for any sums received for capital contributions by governmental entities participating in the radio system shall be held in an account by the City designated as the Radio System Capital Replacement Reserve. Each governmental entity coming onto the system is required to pay a fee of $562.50 for each radio added, and this sum is deposited into this special fund. It is only used for emergency repairs or needed upgrades. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: 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 $50,969.98 $50,969.98 Encumbered / Expended Amount This item $12,075.64 $12,075.64 BALANCE $38,894.34 $38,894.34 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Price estimate for repairs Ordinance appropriating $12,075.64 from the Radio System Capital Replacement Reserve Fund to pay for repairs to transmission lines at the Violet radio transmitter site which serves the City, County, and RTA radio systems; amending the FY16-17 budget adopted by Ordinance No. 030965 to increase expenditures by $12,075.64 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That $12,075.64 from the Radio System Capital Replacement Reserve Fund is appropriated to pay for repairs to transmission lines at the Violet radio transmitter site which serves the City, County, and RTA radio systems. SECTION 2. The FY 2016-2017 operating budget adopted by Ordinance No. 030965 is amended by increasing expenditures by $12,075.64. 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: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Mayor 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 Mayor Quote CC#2017 12236 Dalley -Wells Comm. inc. 1625 Sanderson Corpus Christi, TX 78417 - Phone: (361) 851-1005 Fax: (361) 851-1012 Billing Name EJAILEMELLS Police Communications P O Box 9277 Corpus Christi TX 78469-9277 (361) 886-2801 Contact While, Michael Inv. Data 2/6/2017 Date Recd 2/6/2017 Trouble Description Date Finished 2/6/2017 Employee Chavez, John FREIGHT CHARGE FOR COAX PO Number Charge Code FMRC Tech SG 530230 1020 11801 Make/Modal Serial Number Vehicle Number Computer/SN Video Sn VIOLET T1VR SITE NIA N/A N/A NIA LID N/A LtbarMdl LtbarSN RadarSN Radar/Ant 1WK DONE N/A NIA N/A N/A FREIGHT CHARGE FOR 7/8" CABLE SPOOL, AND PARTS FOR VIOLET TOWER CABLE REPLACEMENT INSTALL LIGHTNING PROTECTOR TO INNER BULKHEAD TO RADIO ROOM Parts: Part Name Part Description FREIGHT SHIPPING FREIGIft SHIPPING 1000' 718 COATI a1. CABLE TESS 376153 LIGHTNING PROTECTOR DC PASS PROTECTOR ISVDC Total Parts Chian Unit Price Subtotal S331 20 S3;1 70 S8929 589.29 S420.19 Labor: Subtotal Invoice Total Approval X Title date $420.49 $420.49 Page 1 0(1 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 21, 2017 Second Reading Ordinance for the City Council Meeting of February 28, 2017 DATE: TO: February 2, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the HIDTA grant award for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 21st year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, and overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2017 — 12/31/2018. There are no matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $128,111.25 $42,703.75 $170,815.00 BALANCE $128,111.25 $42,703.75 $170,815.00 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant agreement Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $170,815 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. SECTION 2. That $170,815 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor OMB Number: 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF -424 ' 1, Type of Submission: El Preapplication Application *2. Type of Application: ' If Revision. select appropriate letter(s): �/ New Continuation ❑ Revision ' Other (Specify): Application ❑ Changed/Corrected ' 3. Date Received: 4. Applicant Identifier: 1 i las-1 i 7 1 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a.Legal Name: City Of Corpus Christi ' b. Employerftaxpayer Identification Number (EINITIN): * c. Organizational DUNS: 1746000057405 0694577860000 d. Address: *Streetl: Street2: "City: County/Parish: `State: Province: 'Country: 'Zip / Postal Code: 32.1 John Sartain Street Corpus Christi T:•:: Texas USA: UNITED STATES 78403-2511 e. Organizational Unit: Department Name: Division Name: Corpus Christi Police Departure f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: ' Last Name: Suffix. * First Name: Mr . F. Michael 7 McDaniel Title: Director Organizational Affiliation: HIDTA *Telephone Number: 781-372-5 8 5 0 Fax Number: .Email:1FMcDaniel@houstonhidta.net Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: c:: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: ' Other (specify): *10. Name of Federal Agency: ONDCP 11. Catalog of Federal Domestic Assistance Number: 95.001 CFDA Title: * 12. Funding Opportunity Number: HIDTA *Title: High Intensity Drug Trafficking Area 13. Competition Identification Number: Title. 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment View Attachment * 15. Descriptive Title of Applicant's Project: High Intensity Drug Trafficking Area Programs. Initiatives defined and approved by Houston HIDTA's Executive Board. Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View Attachments Application for Federal Assistance SF -424 16. Congressional ' a, Applicant Districts Of: 27 ' b. Program/Project Attach an additional list of Program/Project Congressional Distncts if needed. Add Attachment Delete Attachment View Attachment 17. Proposed Project: ' a Star -Mate: 01/01/2017 * b. End Date 12/31/2018 ' 18. Estimated Funding (S): ' a, Federal ' b Applicant ' c, State ' d Local ' e Other ' f Program Income 'g. TOTAL ! 7 i, '- _ 5 . -] -. . G , .. 77 0 . 00 a . 00 0.00 170, 815.70 * 19. Is Application 0 a. This application Subject to Review By State Under Executive Order 12372 Process? was made available to the State under the Executive Order 12372 Process for review on is subject to E.O. 12372 but has not been selected by the State for review. is not covered by E.O. 12372. III b. Program c. Program * 20. Is the Applicant n Yes If "Yes", provide Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment) l No explanation and attach Add Attachment Delete Attachment View Attachment 21. *By signing herein are true, comply with any subject me to this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to resulting terms if I accept an award. 1 am aware that any false, fictitious, or fraudulent statements or claims may criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency ►� " I AGREE " The list of certifications specific instructions. Authorized Representative: Prefix, Middle Name: ' Last Name: Suffix: Chief 'First Name: Mike David Markle ' Title. Chief of Police ' Telephone Number. l 367 / -- 8 g 6, — 6 .3 1 Fax Number: 'Email- MikeMa@cctexas.COM ' Signature of Authorized Representative: //;//7 ` Off ��L- � * Date Signed ( / /2 / BUDGET INFORMATION - Non -Construction Programs OMB Number. 4040-0006 Expiration Date 01131/2019 SECTION A - BUDGET SUMMARY Grant Program Function or Activity (a) Catalog of Federal Domestic Assistance Number (b) Estimated Unobligated Funds New or Revised Budget Federal (c) Non•Federal id) Federal (e) Non -Federal It] Total (9) 1, eagh Intensity Drug 'iraffickxnq Area IHIDTA} 95.001 $ $ $ 170,185.00 $ $ 170,185.00 2. 3. 4. 5. Totals $ $ $ 170.185.00 $ $ 170,105.00 Standard Form 424A (Rev. 7- 97) Prescribed by OMB (Circular A -102) Page 1 SECTION B - BUDGET CATEGORIES 6. Object Class Categories GRANT PROGRAM, FUNCTION OR ACTIVITY Total (5) (7) (2) (3) (4) High Int.naity Drug TraffiakIng Area IBIDTA! a. Personnel $ 74,175.00 $ $ $ $ 74,175.00 b. Fringe Benefits 29,000.00 29,000.00 c. Travel d. Equipment e. Supplies f. Contractual 67,640.00 67,640.00' 9. Construction ii i h. Other L Total Direct Charges (sum of 6a -6h) 170, 815.00 $ 170, 515.00 j. Indirect Charges $ k. TOTALS (sum of 6i and 6j) $ 170, 515,00 $ 170, 815.00 $ $ I $ 7. Program Income $ $ 1 $ $ $ I Authorized for Local Reproduction andard Form 424A (Re0.7- Prescnbed by OMB (Circular A -102) Page 1A SECTION C - NON-FEDERAL RESOURCES (a} Grant Program (b) Applicant (c) State (d) Other Sources (e)TOTALS 8. exgh Intensity Drug Trafficking Area 1010tA) $ $ $ $ 9. f 10. 11. 12. TOTAL (sum of lines 8-11) S IJ $ S $ SECTION D - FORECASTED CASH NEEDS 13. Federal Total tor let Year 1at Quarter 2nd Quarter 3rd Quarter 4th Quarter 3, 170.015.00 $ 42,704,00 $ 42,704.00 sIr 42,704.00 I $ 42,703.00 14. Non -Federal S _ 1 I 15. TOTAL (sum of lines 13 and 14) S 170,810.00 $ 42,704.00 $ 42,704.00 $ 42,704.00 $ 42,703.00 SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (a} Grant Program FUTURE FUNDING PERIODS (YEARS) (b)First (c) Second (d) Third (e) Fourth 16. 'igh Intensity Drug Trafficking Area tEIDTAI $ $ $ S 17. r 18. 19. 20. TOTAL (sum of lines 16 - 19) $ I S 1 S S SECTION F - OTHER BUDGET INFORMATION 21, 23. Direct Charges: 22. Indirect Charges: Remarks: Authorized tor local Reproduction Standard Form 424A (Rev. 7- 97 Proscrbed by OMB (Circular A -502) Page 2 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 LI.S.C.1352 Approved by OMB 4040-0013 1.* Type II ■ of Federal Action: a contact b grant c cooperative agreement d loan e loan guarantee 1. loan insurance 2.* Status of Federal Action: a bid/offer/application kJ initial award c post -award 3. * Report �# [1 Type: a ,ndia:� filing b material change 4. Name 0 and Prime Address of Reporting Entity: ■ SubAwardee • Name Corpus Christ :.D. irr. Delitit's.e:.-. • Street 1 Street 2 "City Corpus Christi State T -:r Tez<,s Zip 764n? _ Congressional Distncl. d known' 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6.* Federal DepartmentiAgency: 7. * Federal Program NamelDescription: CFDANumber. Ifapplicable I 8. Federal Action Number, if known: 9. Award Amount, if known: $ .....- 10. a. Name and Address of Lobbying Registrant: Prefix ' Fast Name Middte Name none n • Last Name Suffix • Street f Street 2 ' City State Zp b. Individual Performing Services {including address if different from No. 10a1 Prefix L - First Name Middle Name • Last Name SOU • Street 1 I Street 2 "Cay State hp 11 Information requested through this form is authonzed by title 31 U.S C section 1352 This disclosure of reliance was paced by the tier above when tree transaction was made or entered into s dlsdosure is the Congress semi-annually and will be available for public inspection Any pers ha its to file the required $10.000 and not more than 51QO,000�each uth re lobbying activities is a matenal representation of fact upon which required pursuant to 31 U 8 C 1352 This information will be reported to disclosure shad be sun ect to a civil penalty of not less than ' Signature: /ij< //` *Name: Prefix ' First Name Middle Name .Last Name Markle Suffix ) Title: ._r.. . _ Telephone No.: 1 --.846-2b12_ 'Date:( r A.rj`-/7 I Authorized tor Lural ReproducWn Standard Form - LLL (Rev. 7-17) CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans. and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. APPLICANTS ORGANIZATION Corpus Christi Police Department PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: Ch,ic.f Last Name: Title: First Name: Chi.ei of Police Middle Name: Suffix: SIGNATURE: " DATE: 1 i/ `I/'1 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009 Expiration Date: 01/3112019 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program_ If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate. the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6- Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U-S.C. 04728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.0 04801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 06101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 11 Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pl. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P. L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (Pl. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16, Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments. and Non -Profit Organizations." 19 Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Chief of Police APPLICANT ORGANIZATION DATE SU MITTE/D Corpus Christi Police Department 1 i / - 7 SF -424D (Rev. 7-97) Back AGENDA MEMORANDUM First Reading Ordinance (Tabled) for the City Council Meeting of February 14, 2017 First Reading Ordinance for the City Council Meeting of February 21, 2017 Second Reading Ordinance for the City Council Meeting of February 28, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director of Park Operations StacieT(c�cctexas.com (361) 826-3476 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Service Agreement to Manage and Operate the Al Kruse Tennis Center CAPTION: Ordinance authorizing the City Manager or designee to execute a service agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for Al Kruse Tennis Center for a term of 36 months with up to two additional 12 -month extension option periods; the City will pay the Contractor $3,166.00 per month for an estimated annual total of $38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the Al Kruse Tennis Center. PURPOSE: Staff is recommending a service agreement with TOPS Tennis LLC to manage and operate the Al Kruse Tennis Center in order to increase revenue for the Corpus Christi Park and Recreation Department. BACKGROUND AND FINDINGS: The Al Kruse Tennis Center is located at 502 King Street in Corpus Christi, Texas 78401. The Center had been under a contract and lease agreement with Tennis Pro Susan Shelby Torrance until she recently retired. At that time, Park and Recreation secured a temporary agreement with a local tennis instructor to continue partial operation of the Al Kruse Tennis Center until such time as a new solicitation could be processed and a new contract awarded. The request for proposals (RFP) was advertised issued October 7, 2016 and a pre - proposal conference was held October 14, 2016. Five proposals were received November 18, 2016; however, one was submitted late and was deemed nonresponsive and a second one was deemed non responsive as it failed to meet the RFP requirements. The remaining three responsive proposals moved on in the process and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firms experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. The final scores ranged from a low of 54 to a high of 76 and staff recommends awarding a service agreement to TOPS Tennis LLC for the full operation and management of the tennis center. ALTERNATIVES: No viable alternative exists OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Park & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $37,992.00 $91,814.00 $129,806.00 Encumbered / Expended Amount $12,351.00 $0.00 $12,351.00 This item $22,162.00 $91,814.00 $113,976.00 BALANCE $3,479.00 $0.00 $3,479.00 Fund: General Comments: The future years financial impact include 29 months of service, the first 7 months are budgeted in 2016-2017 Fiscal Year. RECOMMENDATION: Park & Recreation staff recommends the approval of the service agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Form 1295 Evaluation Matrix Informal Staff Report dated 1-12-17 Informal Staff Report dated 2-8-17 Ordinance authorizing the City Manager or designee to execute a service agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for Al Kruse Tennis Center for a term of 36 months with up to two additional 12 -month extension option periods; the City will pay the Contractor $3,166.00 per month for an estimated annual total of $38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the Al Kruse Tennis Center. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee to execute a concession agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for Al Kruse Tennis Center for a period of 36 months with up to two additional 12 -month extension option periods. SECTION 2. The City will pay the Contractor $3,166.00 per month for an estimated annual total of $38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the Al Kruse Tennis Center. SECTION 3. The concession agreement term commences by the issuance of a notice to proceed to the Contractor. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED this the day of , 2017 ATTEST: Rebecca Huerta Mayor City Secretary SERVICE AGREEMENT NO. 935 AL KRUSE TENNIS CENTER MANAGEMENT THIS Al Kruse Tennis Center Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and TOPS Tennis LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Al Kruse Tennis Center Management in response to Request for Bid/Proposal No. 172 ("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 Al Kruse Tennis Center Management ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The City will pay the Contractor $3,166.00 per calendar month for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month, the initial monthly invoice shall be paid on pro rata basis. The Contractor will also receive 50% of City Revenue and 95% of the Pro Revenue as stated in the RFP as amended. The Contractor may receive a $500 quarterly productivity award as provided in the RFP as amended. Page 1 of 8 4. 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. 5. 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: Becky Perrin, Assistant Director Parks & Recreation Department (361) 826-3498 BeckyP©cctexas.com 6. 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. 7. 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 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. Page 3 of 8 13. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator 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. 14. 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. 15. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 16. 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. 17. 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: Becky Perrin Assistant Director, Parks & Recreation 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3864 IF TO CONTRACTOR: TOPS TENNIS LLC Attn: Chris Foltz Executive Director 3702 Frankford Rd. #4304 Fax None Page 4 of 8 18. 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. 19. 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. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The Page 5 of 8 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. 20. 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. 21. 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. 22. 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) 23. 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. 24. 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. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 6 of 8 (SIGNATURE PAGE FOLLOWS) Page 7 of 8 CONTRACTOR Signature: C Ir w Printed Name: C n'1,,, -N-e. qxe6. ,,.4;.rc, r -C, Date: / ~ I / / 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 0: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 172 Exhibit 2: Contractor's Bid/Proposal Response Page 8 of 8 Attachment A: Scope of Work 1. General Requirements A. The Contractor will operate and manage the City of Corpus Christi's Al Kruse Tennis Center("The Center") located at 502 King Street, Corpus Christi, TX 78401. B. The City will pay the Contractor $3,166.00 per month, payable monthly by the tenth business day of each calendar month during this contract for this service for an annual total of $38,000.00. The Contractor will also receive 50% of revenue later defined as City Revenue. Any fee due after fiscal year 2017, is subject to appropriation by City council in the applicable fiscal year budget. C. Contractor shall be granted the exclusive right to operate and collect 95% of the revenue from a Pro Shop at the Center including the right to: 1. Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession 2. Scope of Work A. Contractor shall operate the tennis center in conformity with the laws of the State of Texas and ordinances, rules and regulation of the City of Corpus Christi. B. Contractor shall operate, manage, and maintain the Center, including without limitation, all activities in the locker/restroom. C. Contractor shall employ a sufficient number of employees to assist in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of the Contractor, not the City. D. Contractor shall provide fidelity bonds for Contractor and any employees who handle cash or credit cards. These bonds must be provided to the Contract Administrator and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, written by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this agreement and any holdover period. These bonds must assure payment to the City of all City revenue collected by Contractor and Contractor's employees on behalf of the City and the prompt payment of five (5%) percent of Contractor's revenue, including Lesson Revenue, to which City is entitled. E. At City's cost, Contractor and any assistants, sub -contractors or support personnel shall complete a national background history check with the City prior to instructing. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. F. Contractor shall ensure all employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations. Contractor shall ensure that employees do not consume intoxicating substances on premises or report to work under the influence of same. Contractor and its employees shall use language and conduct that is suitable to families and youth. G. None of the contract services may be subcontracted without the prior written approval of the Contract Administrator. H. Contractor shall adequately publish and enforce all rules and regulations governing the playing of tennis, fees and all other activities, as may be conducted at the Center. I. Contractor will provide suitable signage at the Pro Shop advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. J. Contractor must maintain and promote a continuing program to attract citizens and tourists to use the Center, particularly weekend play, and must maintain rental tennis rackets for use by the public. A schedule of hours of operation for must be posted and filed with the Contract Administrator. K. Contractor shall organize, promote, recruit and conduct local and United States Tennis Association (USTA) sanctioned tennis tournaments. L. Contractor shall provide promote the game of tennis through youth programs. M. Contractor must submit to the Contract Administrator, each month, a program of activities for the forthcoming month identifying, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants and hours of operation. N. Contractor must notify the Contract Administrator of all dangerous conditions or special defects. Contractor must not use, or allow to be used, any areas of the Center which has dangerous conditions or special defects. 0. Contractor shall be responsible for providing all necessary supplies to operate and manage the tennis center. The Contractor may collect and retain rental fees for the utilization of their equipment such as ball machines. P. Contractor shall be responsible for picking up trash generated by use of the Center for classes, tournaments, clinics, camps, etc. This includes trash on and immediately around the courts, restroom facility, and office at the beginning or conclusion of use. Trash is defined as any discarded, unwanted or worthless material or object. Q. Contractor shall make no alterations to the Center without the Contract Administrator prior written approval. R. The City is responsible for all Center maintenance and minor repairs at the Center. Contractor shall allow the City or its designee's entrance during normal operating hours for the purpose of maintenance. In consideration of this, it is agreed that the Contractor must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. S. Contractor shall make a minimum of four tennis courts available to the public whenever the Contractor or authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. T. Contractor must collect and deposit specified City and Pro Revenue daily into the City's account. City Revenue is defined as all court fees, permit fees, locker fees, and other City charges at the then current rate set by the Contract Administrator. City Revenue does not include any Pro Revenue. Pro Revenue is defined as all gross revenue received from the Pro Shop or for the use of the Center, including but not limited to, tournaments, league play, summer camps, merchandise sales, racket rentals, tennis lessons, racket stringing, racket repairs, food and drink sales, excluding all applicable separately stated taxes and bulk merchandise sales to schools at wholesale prices if Contractor provides the Contract Administrator with a copy of the sales receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone but a school, must be approved in writing by the Contract Administrator prior to the sale. Pro revenue also includes Lesson Revenue. Contractor has the exclusive right at the Center to give, or authorize tennis lessons, camps, or other forms of teaching sessions. If any person receiving tennis lessons does not have a tennis permit, Contractor must charge a court fee for each lesson provided, which will be deposited as City revenue. U. Contractor must deposit, daily, fifty percent (50%) of City Revenue and five percent (5%) of Pro Revenue, together with daily cash register tapes and the daily report at the City's designated depository. V. Contractor shall be granted the exclusive right to operate a Pro Shop at the Center including the right to: 5. Sell Merchandise 6. Rent rackets, ball machines, buckets of balls 7. String and repair rackets 8. Operate a food and drink concession 3. Productivity Review A. Tennis facility productivity reviews will take place quarterly; four times per contract year to review items for a $500.00 "Productivity Award". B. The Contractor will be scored annually on the six items below. If the Contactor rates 85% or higher on each of the six items the Contractor is eligible to receive a Productivity Award. The award may be awarded at the discretion of the Contract Administrator. 1 Programming - Types/levels and times of programs being offered; number of participants; any partnerships with local association groups or schools. A breakdown on the type of tournament and court hours used for adults, junior, leagues, mixers/social groups and tournaments. During the review, the Contractor must bring all programing information above and/or present documentation that an effort was made to offer these services. 2. Customer Service - A customer service survey must be made available to all participants of the facility. Surveys or copies of any completed surveys will be turned in quarterly. Receiving low scoring surveys or customer service complaints will not necessarily result in a "Needs Improvement" rating. During the review, Contractor should bring proof of surveys sent out to participants, date they were sent out and address of all participants that took part in surveys. 3. Maximizing Court Usage - Daily court reservation sheets shall be maintained. During the review, Contractor must turn in quarterly report of courts reservation sheets to be reviewed. 4. Court Revenue - Quarterly revenue targets will be reviewed and the timely reporting of deposits made to the City. Revenue targets will be derived from a three year court fee revenue average that will be broken down by months. During the review, the City will determine if the Contractor met the targets. If the Contractor does not meet the target he/she must provide documentation as to why these goals were not met. 5. Facility Audits - Random facility audits will be made during each quarter. Areas to be reviewed are: cleanliness of pro shop, court maintenance, fire safety compliance, and hours of operation. See Exhibit 1 - Tennis Centers Facility Inspection Form. Contractor must maintain an 85% rating or better. 6. Community Involvement - Contractor shall provide information on any community outreach during each quarter. Such as: teacher in-service, free clinics, presentations at neighborhood associations, schools, churches, volunteering, etc.. During the review, the contractor must provide documentation from any meetings attended or printed material from presentations or flyers from any programs that were offered. 4. Grading Factors A. Contractor shall maintain an 85% or above on each of the six areas listed under the Productivity Review to receive the Productivity Award. B. If the Contractor does not meet expectations on one or all of the six area items, the Contractor will receive a "Needs Improvement" rating and will be given the opportunity to raise this to a passing grade. C. If the Contractor consistently receives a "Needs Improvement" under 85% on their quarterly review, the future renewal options and/or considered default of contract. 5. Record Keeping A. Contractor shall furnish to the Contract Administrator a certified monthly statement of Pro Revenue on or before the tenth day of each month during the contract term. The Contract Administrator will approve the statement form prior to commencement of the Contract. B. Contractor shall keep accurate books of account of all Pro Revenue collected. The books of account will be open for inspection, copy, or audit by the City Manager, or designee, at all times. All books of account and backup documentation must be available to the Contract Administrator for review during the City's business hours. C. Contractor shall have all underlying documentation for Pro Revenue, Lesson Revenue, City Revenue and Contractor's certified monthly statement, including cash register tapes, purchase orders, invoices, sales receipts, counter information, and the like must be preserved by the Contractor during the Contract term. Request for Proposal No.: Event 172 Addendum No.: 1 October 21, 2016 Request for Clarification Question No. 4 Question: How is the electricity, Internet and cable bill handled in the pro shop? Response: The City of Corpus Christi pays for the electricity. The Contractor is responsible for Internet and cable costs. Attachment B: Bid/Pricing Schedule Compensation and Payment. The City will pay the Contractor $3,166.00 per calendar month for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month, the initial monthly invoice shall be paid on pro rata basis. The Contractor will also receive 50% of City Revenue and 95% of the Pro Revenue as stated in the RFP as amended. The Contractor may receive a $500 quarterly productivity award as provided in the RFP as amended. Attachment C: Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation 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' 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 CRIME $500,000 per occurrence PROPERTY 1. Replacement cost Contractor will be responsible for providing property coverage for any and all damage to personal property or equipment, regardless if owned, rented, leased or borrowed that is stored on-site. 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 Purchasing Al Kruse Tennis Center Management 10/25/16 gms Risk Management Attachment D: Warranty Warranty is not applicable for this service. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are ,nterested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. TOPS Tennis LLC Dallas, TX United States Certificate Number: 2016-128820 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 10/25/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 172 Provide tennis management services for Al Kruse Tennis Center 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT STEVE FOLTZ Notary Public. State of Texas �.. /;= My Commission Expires ,,' August 15, 2017 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 ( .L rt r 6 11 Z_ this the /67 day , of f 20 /7 , to certify which, witness my hand and seal of office. •!de /---, Z 11004v Signature of o r admi istering oath Printed name of officer administering oath Title of offi r dministering oath Forms nrnvideri by Tpyac Pthirc r nmmieoinn .ethtcs.state.tx.us Version V1.0.277 Al Kruse Tennis Center Management RFP 172 Proposal Evaluation p S - All American Tennis TOPS Tennis LLC Ronald Elizondo Gerald Tjon-A-Joe Halloday Tennis Evaluation Criteria Minimum Qualificafions Pass Pass Fail Pass Fail Member of the USTA and certified as a USPTA Professional 1 or Master Professional or a USPTA Professional. Operated continuously for a minimum of five years providing Tennis Center Management Services. No outsanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided X X X X Technical Proposal Technical Proposal (50 points) 40 32 0 31.5 0 Experience Team Experience Understanding of Project Scope Interview Technical Proposal (50 points) 32.5 44 0 22.5 Experience Team Experience Understanding of Project Scope Total 72.5 76 0 54 0 INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Jay Ellington, Interim Assistant City Manager From: Stacie Talbert Anaya, Interim Director of Parks & Recreation From: Kim Baker, Assistant Director of Financial Servicesp5 Date: January 12, 2017 �� Subject: Al Kruse Tennis Center Tennis Professional Contract Issue/ Problem It has been brought to staffs attention that an entity or individual who submitted a proposal for consideration of the Al Kruse Tennis Center Tennis Professional Contract has approach a councilmember (s) regarding the award. Background & Findings The Parks and Recreation Department, in conjunction with the Purchasing Department, issued a Request for Proposal (RFP) to identify a tennis professional or company to operate the Al Kruse Tennis Center on October 7, 2016 with a closing date of November 18, 2016 at 3:00 pm. Proposals have been reviewed and staff is currently preparing an agenda item to come before City Council for approval of the contract. The agenda item is scheduled to be on the January 31, 2017 City Council meeting for the first reading and February 14, 2017 City Council meeting for the second reading. Section 3.13 of the RFP — Disqualification or Rejection of Proposals of the RFP specifically states that a proposer may be disqualified if they fail to adhere to generally accepted ethical and professional principles during the process. Section 3.27 -- Proposer's Ethical Behavior further clarifies expectations of the proposers during the process and states that they may not attempt to lobby or influence a vote recommendation through contact with City Council members. By contacting a City Council member prior to introduction of the agenda item pertaining to the contract, any proposer is disqualified from consideration for the award of the contract. Conclusion AI Kruse Tennis Center Tennis Professional Contract pg 2 Please refer any questions or concerns from proposers or other parties pertaining to this RFP process to Stacie Talbert Anaya, Interim Director of Parks and Recreation at staciet@cctexas.com or Kim Baker, Assistant Director of Finance — Purchasing. INFORMAL STAFF REPORT MEMORANDUM TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Interim Assistant City Manag DATE: February 8, 2017 SUBJECT: Al Kruse Tennis Center Solicitation Investigation: As directed by the City Manager, the Interim Assistant City Manager conducted a fact finding investigation which included: reviewing the Purchasing Department's specifications and process for issuing RFP's, the process for scoring proposers to the RFP, the review process for proposers who met the minimum qualifications, and reviewing the signed petition, citizens comments and interviews. Issue/Problem: Although the City's solicitation language prohibits contact by proposers/bidders, the short term contractor recently contacted City Council members about not being recommended for award of the new contract that is scheduled to be heard by Council in February. In addition, a person representing the incumbent is also contacting Council members and staff questioning why the incumbent was not being selected. The following addresses these issues and concerns to include discussion, conclusions and recommendations. Backgrounds and Findings: Ronald Elizondo, a tennis pro, was selected to take over the existing short term contract when the former contractor running the center retired. A short-term professional services contract was issued to Mr. Elizondo in June of 2016 for a six-month period that contained a drastically reduced scope necessary to keep the tennis center open until such time as a new solicitation could be developed and new contract awarded. Staff were clear that Page 1 of 2 this was a temporary contract and that five years of experience would be needed to obtain the permanent contract. This requirement was also in the previous two solicitations that were issued in 2013. A request for proposals (RFP) was publicly advertised and open for proposals in October of 2016 for the full services of operating the tennis center which includes the operation of the Pro Shop. The RFP contained a set of instructions to be followed. The RFP also contained set evaluation criteria, including minimum requirements that the proposers would need to meet, and an applicable point system that the proposals would be evaluated upon. A pre -proposal meeting was held October 14, 2016 to discuss the requirements of the solicitation. Mr. Elizondo did not attend this conference. A period for questions was allowed and all responses to those questions were sent to all participants. Proposals were due in November of 2016. Five proposals were received, one of which was past the deadline and therefore deemed non responsive, a second one belonging to the incumbent was submitted on time but was also deemed non responsive for failing to comply with a number of required areas of the RFP (for example, failing to follow RFP instructions, lack of required information and less than five years of experience). The remaining three went on to be evaluated by the selection committee, which included an interview to confirm understanding of the scope. These proposers' scores were then tallied and ranked and ranged between a low of 54 points to a high of 76 points. Staff is recommending award to the highest ranked proposer. In our follow up to citizen concerns, the Interim Assistant City Manager E. Jay Ellington, held meetings with Mr. Elizondo and Mrs. Beaty. Mr. Ellington reviewed the petition signed by 188 users of the center and was informed by Mr. Elizondo that he did not have the required 5 years of pro -shop operation experience that was required. This requirement has been a part of our specifications for the last two RFP issuances for tennis center operators. Conclusion: In conclusion, we understand that Mr. Elizondo is concerned about no longer having the contract at the Al Kruse tennis center as a tennis pro, however a procurement process was followed that was fair and without bias to select the most qualified firm to run this center. The department has a need for a company that is experienced in running a center that includes a pro shop that generates revenue for the City. Staff stands behind the recommendation to award the contract to the company that was deemed most qualified and provides the best value to the City and its citizens. Should there be any further questions or concerns about this issue, please contact Stacie Talbert Anaya, Parks and Recreation at 361.826.3476 or email at staciet@cctexas.com or Kim Baker, Purchasing at 361.826.3169 or email at kimb2@cctexas.com. Page 2 of 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 21, 2017 Second Reading for the City Council Meeting of February 28, 2017 DATE: February 1, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Closing a utility easement located at 5921 Saratoga Blvd. CAPTION: Ordinance closing, abandoning, and vacating a 0.071 -Acre portion of an existing utility easement out of a part of Lot 1A, Block 1 of Saratoga Heights Subdivision, located at 5921 Saratoga Blvd. and requiring the owner, PlainsCapital Bank, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for PlainsCapital Bank to replace the existing building with a new building layout and provide more direct and efficient utility routing. BACKGROUND AND FINDINGS: PlainsCapital Bank (Owner) is requesting the abandonment and vacation of a 0.071 -Acre portion of an existing utility easement out of a part of Lot 1A, Block 1 of Saratoga Heights Subdivision, located at 5921 Saratoga Blvd. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the construction of a new banking facility. Staff recommends the Owner pay no fair market value fee in accordance with City Code of Ordinance Section 49-13 because the Owner has dedicated a new utility easement of equal or greater value than the property being released by the City. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with the development of the new banking facility. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 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 RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified condition of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to PlainsCapital Bank (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Maps Ordinance closing, abandoning, and vacating a 0.071 -Acre portion of an existing utility easement out of a part of Lot 1A, Block 1 of Saratoga Heights Subdivision, located at 5921 Saratoga Blvd. and requiring the owner, PlainsCapital Bank, to comply with the specified conditions. WHEREAS, PlainsCapital Bank (Owner) is requesting the abandonment and vacation of a 0.071 -Acre portion of an existing utility easement out of a part of Lot 1A, Block 1 of Saratoga Heights Subdivision, located at 5921 Saratoga Blvd; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.071 -Acre portion of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance; and WHEREAS, Owner has dedicated a new utility easement of equal or greater value than the property being released by the City in this easement closure action. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of PlainsCapital Bank ("Owner"), a 0.071 -Acre portion of an existing utility easement out of a part of Lot 1A, Block 1 of Saratoga Heights Subdivision, located at 5921 Saratoga Blvd, as recorded in volume 68, page 634 Map Records of Nueces County, Texas, is closed, abandoned, and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B," which is the graphical representation of the legal, and "Exhibit C," which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The closing, abandonment ,and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The maintenance responsibilities for the vacated easement reverts to PlainsCapital Bank (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary 2 EASEMENT ABANDONMENT LOT 1A, BLOCK 1 SARATOGA HEIGHTS SUBDIVISION ENRIQUEZ VILLAREAL SURVEY, ABSTACT NO. 1 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS Being a tract or parcel of land situated in the Enriquez Villareal Survey, Abstract No. 1, City of Corpus Christi, Nueces County, Texas, being a part of Lot 1A, Block 1, Saratoga Heights Subdivision, an addition to the City of Corpus Christi according to the plat recorded in Volume 68, Page 634, Map Records, Nueces County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set on the southwest line of Saratoga Boulevard (State Highway 357, a 120 foot right-of-way) for the east corner of said Lot 1A and the north corner of Lot 2, Block 1, Saratoga Heights Subdivision, an addition to the City of Corpus Christi according to the plat thereof recorded in Volume 63, Page 35, Map Records, Nueces County, Texas; THENCE North 61° 19' 59" West, along the southwest line of said Saratoga Boulevard, a distance of 100.00 feet to the POINT OF BEGINNING; THENCE over and across said Lot 1A, the following courses and distances: South 28° 40' 01" West, a distance of 237.83 feet to a 5/8" iron rod found for corner; North 61° 19' 59" West, a distance of 183.25 feet to a 5/8" iron rod found on the southeast line of Patti Drive (a 60 foot right-of-way), from which a 1/2" iron rod with a yellow plastic cap stamped "RLG INC" set bears South 28° 40' 01" West, a distance of 100.00 for the west corner of said Lot 1A; THENCE North 28° 40' 01" East, along the southeast line of said Patti Drive, a distance of 7.50 feet to a point; THENCE over and across said Lot 1A, the following courses and distances: South 61° 19' 59" East, a distance of 175.75 feet to a point; North 28° 40' 01" East, a distance of 230.33 feet to a point on the southwest line of said Saratoga Boulevard; THENCE South 61° 19' 59" East, along the southwest line of said Saratoga Boulevard, a distance of 7.50 feet to the POINT OF BEGINNING and containing 3,102 square feet or 0.071 acres, more or less. Basis of Bearings: The southwest line of Saratoga Boulevard (S61 °19'59"E) being a Grid Bearing per Texas Coordinate System of 1983, South Zone, NAD 83 (2011) EPOCH 2010.00, based on Real -Time Kinematic Observations utilizing Westem Data Systems Virtual Reference Network. Z/1/7 Brian R. Wade R.P.L.S. NO. 6098 Exhibit "A" SHEET 1 OF 2 26,432X d=90'00'00" R=15.00' L=23.56' CB=S73 40 01 "W CD=21.21 ' YC/RS SARATOGA BOULEVARD (STATE HIGHWAY 357) POINT OF (120' RIGHT—OF—WAY) COMAE ING S6179'59"E�IV,yOF N61 '1.9'59"W 160.75' Z50' l�N61 '19 59 "W 100.00' CMS tri N28 '40'01"E T 20' YARD REQUIREMENT, DRAINAGE & UT/LI TY EASEMENT VOL. 57, PG 166 10' UT/LI TY EASEMENT 7.5' UTILITY EASEMENT VOL. 57; PG. 166 VOLUME 57, PAGE 166 10' UTILITY EASEMENT VOL. 68, PG. 634 EASEMENT & RIGH T- OF- WAY DOC. NO. 1997021052 (TO BE ABANDONED BY SEPARA 75 INS TRUMENT)\ r-� LOT 1A, BLOCK 1 - SARATOGA HEIGHTS SUBDMS/ON VOL. 68, PG 634 20' YARD REQUIREMENT VOLUME 57, PAGE 166 EASEMENT ABANDONMENT 41020.071 0.071 ACRES \� 7.5' UTILITY EASEMENT VOLUME 57, PAGE 166 S617 9'5.91- /I 175.75' 5/8"/RF (C.M.) rf- co 0 YCIRS 0 25 50 1 N6179'591'W 183.25' 5/8lRF 20' DRAINAGE & UTILITY EASEMENT VOL. 68, PG. 634 10' U77L/TY EASEMENT VOL. 68, PG. 634 a5/8"/RF LEGEND (FEET) 1 inch = 50 ft. Exhibit !!B!! Basis of Bearings: The southwest line of Saratoga Boulevard (S61'19 59 E) being a Grid Bearing per Texas Coordinate System of 1983, South Zone, NAD 83 (2011) EPOCH 2010.00, based on Real -Time Kinematic Observations utilizing Western Data Systems Virtual Reference Network. 20' YARD REQUIREMENT, DRAINAGE & U77L/TY EASEMENT VOL. 63, PG. 35 YCIRS PROPERTY LINE EASEMENT ABANDONMENT LINE S284001"W YCIRS 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RLC INC" SET IRF IRON ROD FOUND CMS / CMF CHISELED "X" SET / FOUND (CM.) CONTROLLING MONUMENT �?PPG�st O�9Ff9 ..:B. WADE..,. ..RIAN R 6098 • 0'°:. Fs s a�° 0 SURVe 10' UTILITY EASEMENT VOL. 63, PG. 35 5/8"RF (C.M.) ?No R. WADE R.. P. L. S. NO. 6098 EASEMENT ABANDONMENT LOT IA, BLOCK 1 Controlling Monuments: As shown. SARATOGA HEIGHTS SUBDIVISION RAYMOND L. GOODSON JR., INC. ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. 1 5445 LA SIERRA, STE 300, LB 17 DALLAS, TX. 75231-4138 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS 214-739-8100 rig@rIginc.com SCALE 1" = 50' DATE 8/25/2016 SHEET 2 OF 2 TEXAS PE REG #F-493 TBPLS REG #100341-00 JOB NO. 15379 E—FILE 15379ea DWG NO. 26,432X VICLVIT' IIAP NOT TO SCALE Exhibit "C" Aerial Overview 1 N Vicinity Map AGENDA MEMORANDUM First Reading for the City Council Meeting of February 21, 2017 Second Reading for the City Council Meeting of February 28, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 One -Way Traffic Flow Along Booty Street (Bond 2014, Proposition 1) CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Booty Street from a two-way traffic pattern to a one-way traffic pattern and Schedule III — Parking prohibited at all times on certain streets by adding Booty Street; providing for severance; and providing for publication. PURPOSE: This ordinance amendment will improve safety, traffic operations and mobility at the intersection of Ayers Street and Santa Fe Street while providing increased on -street parking along Booty Street. BACKGROUND AND FINDINGS: Ayers Street, from Alameda Street to Ocean Drive, is a City Bond 2014 (Proposition 1) project. As part of the project the design consultant evaluated safety enhancements to improve traffic operations and mobility for all modes of traffic (cars, buses, pedestrians, cyclists) within the project limits. Part of the evaluation including performing public outreach to private entities (key stakeholders, property owners, local businesses) and public entities (City, Corpus Christi Metropolitan Planning Organization (MPO), Regional Transportation Authority (RTA)) to gather input on safety concerns. Both private and public entities requested evaluating intersection safety. As a result, the reconfiguration of the intersection of Ayers Street and Booty Street at Santa Fe Street was recommended for safety enhancements. Booty Street and Ayers Street converge at Santa Fe Street to form what is known as a "5 -legged" intersection since it is configured as follows: 1) 2 -legs (street segments) of Ayers Street, which runs in the east -west direction 2) 2 -legs (street segments) of Santa Fe Street, which runs in the north -south direction and 3)1 -leg (street segment) of Booty Street which begins at 11th Street and terminates on the west side of the intersection at Santa Fe Street (see exhibits). Sante Fe Street and Ayers Street are currently multilane streets while Booty Street functions predominantly as a two-lane, two-way street. A raised concrete island, no more than 100' in length, separates Ayers Street and Booty Street at the Santa Fe Street intersection. Along Booty Street, this concrete island occupies the eastbound lane approaching Santa Fe Street. Eastbound traffic on Booty Street are forced to utilize a short street connection to Ayers Street just west of the Santa Fe Street intersection. Motorists entering the intersection have the option of utilizing either Ayers Street or Booty Street to continue traveling in the westbound direction. Based on the complexity of the intersection and feedback received during public outreach conducted by the design consultant in 2014, it was recommended to reconfigure the 5 -legged intersection. Several options were considered, however, the option which closes off Booty Street and converts a portion of Booty Street to one-way traffic flow, was recommended for consideration to the City. This reconfiguration and design creates an intersection of 4 -legs (street segments) which is a more traditional and safer intersection design. This design eliminates any confusion and increases the safety of all modes of traffic entering the intersection since it will only permit westbound motorists to utilize Ayers Street. Converting the direction of flow along Booty Street to one-way, from Santa Fe Street to 5th Street, allows for head -in angle parking which accommodates increased parking spaces for the affected businesses. The City's Transportation Advisory Commission (TAC) concurred and approved this recommendation at their meeting on November 28, 2015. ALTERNATIVES: Denial of the proposed one-way streets on Booty Street. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations (Traffic Engineering) 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 Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Site Plan Presentation Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I – One Way Streets and Alleys by changing designated portions of Booty Street from a two-way traffic pattern to a one-way traffic pattern and Schedule III – Parking prohibited at all times on certain streets by adding Booty Street; providing for severance; and providing for publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised to add a one- way designation for a portion of Booty Street. "Sec. 53-250. - Schedule I—One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Booty Street, from 5th Street to Santa Fe Street SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-252 Schedule III – Parking prohibited at all times on certain streets is revised to add Booty Street, both sides, from 5th Street to Santa Fe Street. "Sec. 53-252. - Schedule III—Parking prohibited at all times on certain streets. In accordance with section 53-172 and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: Booty Street, both sides, from 5th Street to Santa Fe Street SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Paulette M. Guajardo Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Mark Scott Ben Molina Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Paulette M. Guajardo Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Mark Scott Ben Molina Carolyn Vaughn PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary • ^.s• . 0- 1 t. MORGAN AVE SCALE: N.T.S. AERIAL FLOWN 2014 lacti ELIZABETH ST. BOOTY ST. PROPOSED BOOTY STREET ONE WAY TRAFFIC FLOW BETWEEN 5TH ST. & SANTA FE ST. AYERS ST BOND 2014 (PROP. 1) AYERS STREET BETWEEN OCEAN DR. & ALAMEDA ST. BOOTY STREET ONE WAY TRAFFIC FLOW LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS 181 CORPUS CHRISTI SHIP CHANNEL LEOPARD PROPOSED BOOTY STREET ONE WAY TRAFFIC FLOW BETWEEN 5TH ST. & SANTA FE ST. SCALE: N.T.S. AERIAL FLOWN 2014 CORPUS CHRISTI BAY 9 TEXAS A&M UNIVERSITY CORPUS CHRISTI aCORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LAGUNA MADRE BOOTY STREET ONE WAY TRAFFIC FLOW VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS -n c N SCALE: N.T.S. AERIAL FLOWN 2014 EXISTING SITE PLAN PROPOSED BOOTY STREET ONE WAY TRAFFIC FLOW BETWEEN 5TH ST. & SANTA FE ST. PROPOSED SITE PLAN LEGEND �Q EXISTING TWO WAY TRAFFIC PROPOSED ONE WAY TRAFFIC CHANGE BOOTY STREET ONE WAY TRAFFIC FLOW SITE PLAN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS w.r Corpus Chr sti Engineering One -Way Streets - Add Segment of Booty Street City Council February 21, 2017 Project Vicinity PROPOSED BOOTY STREET ONE WAY TRAFFIC FLOW BEPAEEN 51H Sf. & SANTA FE SF CORPUS CHRISTI BAY TOMS Atli u+rvomnr COP Pus Wsisn SCALE: N.T.S. �hrsti Engineering 2 Location Map 'Ttai • = ELIZABETH ST. PROPOSED BOOTY STREET ONE WAY TRAFFIC FLOW BETWEEN 5TH 5T, & SANTA FE ST �hrsti Engineering N SCALE: N.1.5. BOND 2014 (PROP, 1) AYERS STREET BETWEEN OCEAN DR. Sc ALAMEDA ST. 3 Existing Site Plan Corpus Chr sti Engineering e` BOOTY ST. LEGEND a EXISTING TWO WAY TRAFFIC 4. PROPOSED ONE WAY TRAFFIC CHANGE EXISTING SITE PLAN 4 Proposed Site Plan Corpus Chr sti Engineering SCALE: N.TS 11111; r a MEZEDI LEGEND EXISTING TWO WAY TRAFFIC y PROPOSED ONE WAY TRAFFIC CHANGE PROPOSED SITE PLAN 5 Scope �hrsti Engineering • Ayers Street Project(Bond 2014, Proposition I) • Alameda Street to Ocean Drive • Current 5 -Legged Intersection (Ayers Street, Santa Fe Street & Booty Street) • Proposed Intersection Enhancements: • Close Booty Street Leg • Add Angled Parking Along Booty Street • Designate One -Way Traffic Flow Along Booty Street (5th Street to Santa Fe Street, East Direction) Recommendation �hrsti Engineering • Designate Booty Street, From 5th Street to Santa Fe Street, as One -Way Traffic Flow • Improves Traffic Flow • Improves Traffic Signal Operations AGENDA MEMORANDUM First Reading Ordinance - February 21, 2017 City Council Meeting Second Reading Ordinance — February 28, 2017 City Council Meeting DATE: February 16, 2017 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Ordinance calling for May 6, 2017 Special Election CAPTION: Ordinance ordering a special election to be held on May 6, 2017 in the City of Corpus Christi for the election of Mayor to fill remainder of the unexpired term; authorizing a runoff election, if one is necessary, on June 24, 2017; providing for procedures for holding such election; identifying election officials; authorizing an election services agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: The purpose of this item is to call a special election on May 6, 2017 to fill a vacancy in the office of mayor; authorize a runoff election, if necessary, on June 24, 2017; and authorize a joint election agreement with Nueces County. BACKGROUND AND FINDINGS: Mayor Dan McQueen resigned from office on January 18, 2017; his resignation was accepted by the City Council on January 24, 2017. Article II Section 12 (a) of the City Charter provides that the remaining City Council members shall call a special election to fill a vacancy in the office of Mayor in the event more than one year remains in the unexpired term of the Mayor. The next available uniform election date for the special election is Saturday, May 6, 2017. Nueces County will provide election services per the attached agreement. ALTERNATIVES: None. CONFORMITY TO CITY POLICY: Conforms with Election Code and City Charter. EMERGENCY / NON -EMERGENCY: Requires two readings. DEPARTMENTAL CLEARANCES: Legal Finance Budget FINANCIAL IMPACT: Q Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $350,000 Encumbered / Expended Amount $154,893 This item $440,000 BALANCE $244,893 Fund(s): General Fund Comments: In FY 2016-17 Budget, $350,000 was budgeted for the November 2016 election ($150,000) and runoff election ($200,000). Nueces County submitted an invoice for the actual cost of the November 2016 election in the amount of $154,893. Based on the most recent cost estimate received from Nueces County ($130,000) and city estimate for labor costs ($90,000), staff has budgeted a conservative amount of $440,000 ($220,000 for the special election and $220,000 for runoff election, if necessary). LIST OF SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement & cost estimate PowerPoint Ordinance ordering a special election to be held on May 6, 2017 in the City of Corpus Christi for the election of Mayor to fill remainder of the unexpired term; authorizing a runoff election, if one is necessary, on June 24, 2017; providing for procedures for holding such election; identifying election officials; authorizing an election services agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City of Corpus Christi conducted a General election on November 8, 2016 for the election of the Mayor and Council Members; WHEREAS, the Mayor resigned from office on January 18, 2017, whose resignation was accepted by the City Council on January 24, 2017; WHEREAS, a vacancy exists in the office of the Mayor; WHEREAS, Article II Section 12 (a) of the City Charter provides that the remaining City Council members shall call a special election to fill a vacancy in the office of Mayor in the event more than one year remains in the unexpired term of the Mayor; WHEREAS, the next available uniform election date for the special election is Saturday May 6, 2017; WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; WHEREAS, said special election shall be conducted in accordance with the Texas Election Code sections recited herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A special City election (hereinafter the "Election") to fill the unexpired term of the Mayor shall be held in the City of Corpus Christi, Texas on Saturday, May 6, 2017. A runoff election shall be held on Saturday, June 24, 2017, if one is necessary. SECTION 2. The Election shall be held in accordance with the Election Laws of the State of Texas. At the Election, all the qualified registered voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor shall be placed on the ballot in manner and form prescribed by law. SECTION 4. The electronic voting system approved by the Secretary of State for Nueces County is adopted for the Election: eSlate direct recording equipment (DRE). (Sec. 123.001). 1 SECTION 5. The Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. Nueces County participates in the Countywide Polling Place Program under Section 43.007, as amended, meaning that any qualified registered voter of the City of Corpus Christi can vote in the Election at any polling place identified in Attachment A. Each branch polling place and the main early polling place shall serve all Election precincts. The polls shall be open from 7:00 a.m. to 7: 00 p.m. on the date of the Election. SECTION 6. Presiding Judges and Alternate Presiding Judges are appointed for the Election as specified in attached Attachment B, which is incorporated herein, (Sec. 32.005). If neither the Presiding Judge nor the Alternate Presiding Judge can serve in the Election and their inability to serve is discovered after the 15th day before the Election, the Mayor Pro Tem as the presiding officer of the City Council shall appoint a replacement judge (Sec. 32.007). Each Presiding Judge shall appoint not less than two nor more than four election clerks, one of whom shall be the precinct's Alternate Presiding Judge appointed herein (Sec. 32.031 thru 32.033). SECTION 7. The Nueces County Clerk is to serve as the Early Voting Clerk pursuant to an election services agreement between the parties (Sec. 31.092). The Early Voting Clerk's physical address is Nueces County Courthouse, 901 Leopard Street, Corpus Christi, TX 78401 (Sec. 83.010). Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance. In addition, Attachment C provides the dates for early voting and address for early voting by mail. SECTION 8. is appointed Presiding Judge of the Early Voting Ballot Board (Sec. 87.002). The Early Voting Ballot Board shall consist of a Presiding Judge and at least two other members. The other members are identified as (Sec. 87.002 and Sec. 87.004). SECTION 9. The Nueces County Courthouse is designated as the sole Central Counting Station. (Sec. 127.001). is appointed as the Presiding Judge of the Central Counting Station (Sec. 127.005). City Secretary Rebecca L. Huerta is appointed Manager of the Central Counting Station. (Sec. 127.002). Assistant City Secretary Paul Pierce is appointed assistant to the Central Counting Station Manager. SECTION 10. Nueces County Clerk Elections Manager Johnny D. Martinez is appointed Tabulation Supervisor of the Central Counting Station (Sec. 127.003). Eric Gutierrez with the Nueces County Clerk's Office is appointed Assistant to the Tabulation Supervisor (Sec. 127.004). SECTION 11. Compensation for persons appointed or employed pursuant to this ordinance shall be: A. Presiding Judges and Alternate Presiding Judges shall be compensated at $9.60 per hour for services rendered. Overtime shall be paid as per Fair Labor Standards Act. 2 B. Election clerks who are not City employees shall be compensated at $9.60 per hour for services rendered, subject to Sec. 32.091. Overtime shall be paid as per Fair Labor Standards Act. C. In addition, $25 shall be paid to the election judge or clerk who delivers the precinct election records, keys to ballot boxes, or other election equipment, and unused election supplies after an election. (Sec. 32.092) D. There shall be no additional compensation for any City employee. E. There shall be no direct compensation for County employees. Instead, services by County employees shall be part of the services provided under the election services agreement with Nueces County. SECTION 12. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the election services agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the election services agreement to be executed with Nueces County. The City Secretary is authorized to provide for suitable replacement polling places in the event the designated polling places are not available for use due to unforeseen circumstances. SECTION 13. The Election is expected to be conducted in accordance with an election services agreement (Sec. 31.091 through 31.100) between Nueces County and the City of Corpus Christi to hold a special election on May 6, 2017, which shall be approved and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement. SECTION 14. By approving and signing this ordinance, the Mayor Pro Tem officially confirms and orders as the Mayor Pro Tem's actions all matters recited in this ordinance which by law come within the Mayor Pro Tem's jurisdiction. SECTION 15. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect of its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Rudy Garza 3 Ben Molina Lucy Rubio Paulette Guajardo Michael Hunter Joe McComb Greg Smith Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor 4 ATTACHMENT A [TO BE INSERTED] --REGULARLY PRESCRIBED PRECINCTS; POLLING PLACES ATTACHMENT B [to be inserted] PRESIDING JUDGES AND ALTERNATE PRESIDING JUDGES ATTACHMENT C EARLY VOTING INFORMATION Early voting begins Monday, April 24, 2017 and ends on Tuesday, May 2, 2017. Any voter entitled to vote an early ballot by personal appearance may do so at an Early Voting Site. Main Early Voting Polling Place, Dates & Times Nueces County Courthouse 1St Floor Atrium 901 Leopard Corpus Christi, Texas 78401 Dates Times Monday, April 24, 2017 — Friday, April 28, 2017 8:00 a.m. — 6:00 p.m. Saturday, April 29, 2017 8:00 a.m. — 5:00 p.m. Monday, May 1, 2017 — Tuesday, May 2, 2017 7:00 a.m. — 7:00 p.m. Temporary Branch Polling Places, Dates & Times (To be inserted) Dates Times Monday, April 24, 2017 — Friday, April 28, 2017 8:00 a.m. — 600 p.m. Saturday, April 29 8:00 a.m. — 5:00 p.m. Monday, May 1, 2017 — Tuesday, May 2, 2017 7:00 a.m. — 7:00 p.m. 7 Early Voting by Mail Applications for voting by mail should be received no later than the close of business (5:00 p.m.) on Friday, April 25, 2017. Applications should be sent to: Kara Sands, County Clerk Nueces County, Texas ATTN: Elections Division P.O. Box 2627 Corpus Christi, Texas 78403 e-mail: votebymail@nuecesco.com fax: 361-888-0329 8 ATTACHMENT D [TO BE INSERTED] - ELECTION SERVICES AGREEMENT WITH NUECES COUNTY �rGOFTFx 5�(P y9d' May Special 2017 S ecial Election This document serves as an estimate for the May 2017 Special Election. Please note that the grand total numbers are subject to change at any time, based upon the needs of the voters of Nueces County. In the May 2017 Special Election, the City of Corpus Christi is planning to have 12 Early Voting locations: • 4 locations will have 1-JBC, 1 -Kiosk, 2-DAUs & 4 -e -Slates • The other 8 locations will have 1-JBC, 1 -Kiosk, -DAU & 2 -e -Slates • 9 of the 12 early voting locations will be open from 8:00 a.m. - 5:00 p.m. The remaining 3 -locations will be open from 8:00 a.m. — 6:00 p.m. for a total of 7 days • The locations & equipment are based on historical data from previous elections, and the City of Corpus Christi agrees to the times and equipment totals The City of Corpus Christi will have 76 locations on Election Day • 65 of the Election Day locations will have 1-JBC, 2 -e -Slates, 1-DAU & 1 -Kiosk • 11 of the Election Day locations will have 1-JBC, 4 -e -Slates, 2-DAUs, & 1 -Kiosk • The Election Day locations will be open from 7:00 a.m. — 7:00 p.m. • The locations & equipment based on historical data from previous elections, and the City of Corpus Christi agrees to the times and equipment totals Nueces County Election services & Hart Intercivic Programming are included in the cost estimate of $150,000.00 for the City of Corpus Christi's Special Election. NUECES COUNTY COUNTY CLERK ELECTION DEPARTMENT Cost Sheet Detail Breakdown COST ESTIMATE OF ELECTION Election For: May 2017 COST ESTIMATE Election Date: May 6th, 2017 EQUIPMENT RENTAL Ungs used Cost Pe. nd K iosks (usage tee-egapment etc ) EV 50 0 8 • les (usage fee -equipment, etc) ED 81 50.0 $ C Equipment EV (each) Regist red Voters (181,238) rliTc"'Nur"er' d Registered Voters oost 5, 2000, $ 3,000 00 D(each) 81 20000 $ 1E200 00 DAUs Equipment EV (each) 200.00 $ 3800.00 DAUs Equipment ED (each) 92 200 0 $ 18,400 00 Estate Equipment EV (each) 38 203W $ 600 00 184 0 $ 36800,0 V. pbllev Octobe 2016-Pmratel 66293 • -AT&T MpbIIM November 216 -Pro-.. 525 3,3.02 93,999.0 500.00 ED 500 00 LABOR Hourswop:al cost Pernours Total Cost City of corpus Christi Bishop ISO City Of Bishop City of Driscoll 531383 171,242 3 503 2.347 412 3,734 94 48% 7.63 1450 1 70 15. 3,826 63 78 28 52. 9 21 83. 2,834 54 57 98 38 85 6 82 61 81 15,306 51 313 12 36 83 333 76 3,5.41 73. 4921 7829 17,385.17 355. 238 28 41 83 379.09 7,180 83 146 89 98 42 1728 156. 71128 476 55 83. 758 18 3,211 55 65.70 4402 773 7003 472.42 9. 6 47 1 14 10 30 1,41727 28.919 1942 3 41 30. Election Depallment's Oaellime (outside 800 am -500 pm) Number Posoursol Contract Personnel EVIED Ded Post equipment prepping at warehouse Delwwery and pck up of eqummenSuppod for processing absentee mal kits, Pmccesing incoming mat 4 warehouse techs, 2 ev techs, 16 Ed techs. PROFESSIONAL SERVICES 7,287.60 5110 Dally cost $ 3280 a0 Total Cost ELECTION SUPPLIES EV/ED Ballot by Mall kits, sample ballo. Emergency ballots, Tamper evelen8secu bags/loc n. male. and folders, Toner cartages, Keyless sec. seas, Pull lite seas, and Tamper Bilden labels) Tote Cost 12,000.00 SUB -TOTAL 1 S 140,811.62 Prepared by Nueces County Elections Department Please remit payment to: Nueces County Clerk — Elections Department P O Box 2627 Corpus Christi, TX 78403 (Note: Cost based on number of registered voters per entity) 6,88566 21 018 10 140 86 429. 9437 288 07 1657 50 57 8 15014 8 45831 3,0.09 6340 4248 7 46 6758 11.338.15 231 94 155.00 27 28 247 23 133,085.30 2,721.63 1,823.89 320.10 2,901.11 Update on May 6, 2017 Special Election REBECCA L. HUERTA, CITY SECRETARY FEBRUARY 21, 2017 Timeline —Special Election February 21 election services agreement February 28 2nd Reading Ordinance calling for election; approving election services agreement February 28 — March 27 Candidate filing period April 24 - May 2 Early voting May 6 Election Day 1st Reading Ordinance calling for election; approving May 16 Canvass / Order runoff election (if necessary) May 23 IF NO RUNOFF — Swearing -In Ceremony for Newly Elected Mayor Timeline —Runoff Election May 16 Council orders runoff election June 12 — 20 Early voting June 24 Runoff Election Day July 2 — 5 Canvassing Period (Special City Council Meeting) July 11 Swearing -In Ceremony for Newly Elected Mayor Regular Council Meeting A Estimated Election Costs May 2017 Special Election Estimated Cost $350,000 Nov. Election Costs reserved in FY 2016- 17 $154,893 Actual Nov. 2016 Election Cost — County Invoice $440,000 May election /runoff election cost ($220,000 each election) * ($244,893) Additional monies needed in FY16-17 *County provided new cost estimate on 2/15/17 in a reduced amt. of $130,000 Joint Election Services Agreement CITY >Order/Call Election >Sharing Polling Locations with City of Bishop, Bishop ISD, ESD#4, and City of Driscoll >Appoint election judges / alternate judges >Designate Election Workers >Payroll of Election Workers >Post/Publish Notices >Canvass NUECES COUNTY >Early voting clerk >Ballots by mail >Training for election judges & clerks >Transport equipment & supplies >Early Voting / Election Night Returns Non -Transferable Duties: City ➢Applications for place on the ballot ➢Filing of Reports required under Title 15 (Campaign Finance Reports) ➢Custodian of Records Nzr Proposed Early Voting •Main Early Voting Location — Nueces County Courthouse •11 Proposed Temporary Early Voting Locations (pending final approval) Dates Times Monday, April 24, 2017 — Friday, April 28, 2017 8:00 a.m. — 6:00 p.m. Saturday, April 29 8:00 a.m. — 5:00 p.m. Sunday, April 30 CLOSED Monday, May 1, 2017 —Tuesday, May 2, 2017 7:00 a.m. — 7:00 p.m. Election Day— May 6, 2017 VOTE >Proposed 74 voting centers in the city - 7:00 a.m. to 7:00 p.m. >Registered voters in the city can vote at any voting center >Election day is same day as Buc Days Illuminated Night Parade — Begins at 8:00 p.m. >May uniform election date set by state law — cannot be changed >Nueces County Courthouse cannot be used as an election day polling place on the parade route. Instead, City Hall will serve as the polling place. >Coordinating with Police and Traffic Engineering — Election workers can reach courthouse to drop off equipment without traffic delays >Coordinating with Public Information Office on a communication plan Election Information >City's website: http://forward.cctexas.com >City Secretary's Office >Phone: (361) 826-3105 >E-mail: citysecretary@cctexas.com >In person during regular business hours >Candidate packets will be available by February 28 Next Steps >Confirm and provide the use of proposed early voting and election day polling places >Confirm the list of election judges and alternates judges >Confirm early voting ballot board judge and members >Amend the ordinance in March to add exhibits Questions? 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2017 Action Item for the City Council Meeting of February 28, 2017 DATE: TO: Margie C. Rose, City Manager February 15, 2017 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg©cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Executive Director of Utilities and Development dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Professional Services Contract On -Call Technical Services Related to Water Supply Planning CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 2 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $31,700, for a total restated fee of $81,600, for the On -Call Technical Services Related to Water Supply Planning. PURPOSE: The purpose of this agenda item is to execute an engineering contract amendment for the On - Call Technical Services Related to Water Supply Planning. BACKGROUND AND FINDINGS: This amendment contract is a continuation of the on-call technical services primarily including technical support related to regional water planning, City -directed analyses in response to information requests from water supply stakeholders and/or industrial representatives, assistance in developing the City's Water Supply Management Plan, responding to inquires related to changed safe yield supplies based on recent drought conditions and volumetric survey studies, technical analyses needed to respond to water supply related inquires be state or federal agencies. HDR Engineering brings extensive knowledge of the regional water supply system and experience in decision support tools to include the process for selecting preferred future water supply project(s). HDR Engineering has provided technical, professional services related to City of Corpus Christi water supply planning for over twelve years. ALTERNATIVES: 1. Authorize the execution of the contract amendment. (Recommended) 2. Do not authorize the execution of the contract amendment. (Not Recommended) OTHER CONSIDERATIONS: This contact will be on a time and materials basis with a maximum fee not to exceed $31,700. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $87,500 $87,500 Encumbered / Expended Amount 49,900 49,900 This Item 31,700 31,700 Future Anticipated Expenditures This Project 5,900 5,900 BALANCE $0 $0 Fund(s): Water Operating Comments: This amendment will result in an expenditure not to exceed $31,700. RECOMMENDATION: City Staff recommends approval of Amendment No. 2 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $31,700, for a total restated fee of $81,600, for the On -Call Technical Services Related to Water Supply Planning. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract Presentation Form 1295 PROJECT BUDGET ESTIMATE On -Call Technical Services Related to Water Supply Planning FUNDS AVAILABLE: Water Operating $87,500 FUNDS REQUIRED: Engineer: Engineer (HDR Engineering, Inc.) 81,600 Original 16,300 Amendment No. 1 33,600 Amendment No. 2 THIS CONTRACT 31,700 Reimbursements: Total Reimbursements 5,900 Administration/Finance (Engineering/Capital Budget/Finance) 1,600 Engineering Services (Project Mgmt) 3,300 Misc 1,000 TOTAL FUNDS REQUIRED 87,500 ESTIMATED PROJECT BUDGET BALANCE $0 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E14022 ON-CALL TECHNICAL SERVICES RELATED TO WATER SUPPLY PLANNING — AMENDMENT NO. 2 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 HDR Engineering, Inc., a Nebraska corporation, 4401 West Gate Boulevard, Suite 400, Austin, Texas, 78745, (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 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 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 $31,700 for a total restated fee of $81,600. 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 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). /1,.2Thic service shall be for a period of years bcginning on the Effcctivc Datc. The Agrccmcnt may be renewed for up to one year renewal-eptionc upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms an4-Gan-Glitlenc, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 ARTICLEV OPINIONS OF COST NOT APPLICABLE 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—ever--the contractor's methods of determining prices, or over competitive bidding or marketGen-Elltle-Rs, 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. 5A The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, 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. Page 5 Rev. 07/16 Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE 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 Page 6 Rev. 07/16 Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 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. Page 7 Rev. 07/16 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. 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 Page 8 Rev. 07/16 delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Page 9 Rev. 07/16 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any 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://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. Page 10 Rev. 07/16 13.10 Severability. If, for any reason, any ane or more Articles and/or paragraphs of this Agreement are held Invalid or unenforceable, such invalidity or unenforceability shall not affect, Impair or Invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held Invalid or unenforceable, and the invalidity or unenforceabllltyof anyArticle, 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, Consultants Scope of Services, or contained In any other document prepared by Consultant and Included herein, Is in conflict with this Agreement, this Agreement shail take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J.H. Edmonds, P. E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM 904 Assistant City Attorney ATTEST 2017.01.30 13:1521 -06'00' Date City Secretary Date Project Number E14022 Accounting Unit 4010-30230-072 Account 530000 Activity El 4022 -01 -4010 -EXP Account Category 30000 Fund Name Water Operating Amendment No. 2 for $31,700 •' Por .' ce P esi t 4 01 West G te Boulevard, Suite 400 Austin, TX 78745 (512) 912-5100 Office (512) 912-5158 Fax /rI//? Date Page 11 Rev 07116 hdrinc.com January 18, 2017 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 RE: Amendment No. 2 to Professional Services Agreement (Project No. E14022) for On - Call Professional Water Supply Planning Services Dear Mr. Edmonds: HDR Engineering, Inc (HDR) entered into an on-call services agreement with the City of Corpus Christi on June 10, 2016 to provide technical support for development of water supply summary materials for stakeholders (Project No. E14022). The time and materials agreement included a maximum fee not to exceed $33,600.1 From June to September 2016, HDR performed technical evaluations and summarized results in four City Council briefings. The details of HDR technical services performed at City Staff request and pursuant to Project No. E14022 are included in Attachment 1. As of September 24th, there was less than $3,000 remaining for HDR's on-call services2. Recently, City Staff requested HDR's water supply planning support in response to a Texas Water Development Board (TWDB) inquiry related to potential refinancing of the Mary Rhodes Pipeline II Project (MRPII) through the Drinking Water State Revolving Fund. Technical support for this item, as well as future requests associated with water planning will be supported through this on-call services agreement. Future on-call activities may include, but not be limited to: technical support related to regional water planning, City -directed analyses in response to information requests from water supply stakeholders and/or industrial representatives, assistance in developing the City's Water Supply Management Plan, responding to inquires related to changed safe yield supplies based on recent drought conditions and volumetric survey studies, technical analyses needed to respond to water supply related inquiries by state or federal agencies, 1 The fee was added to a 2014 on-call water supply planning support contract that had been placed on hold at the City's request, for a total restated fee not to exceed $49,900. 2 This did not include the City Council presentation on September 27, 2016 related to Water Management Strategies and RFI Approach. 4401 West Gate Blvd., Suite 400, Austin, TX 78745 T 512.912.5100 F 512.912.5158 Texas Registered Engineering Firm F-754 Amend. No. 2 Exhibit A Page 1 of 4 Mr Jeff Edmonds, P.E. January 18, 2017 Page 2 updating water demand projections, and other water supply planning related topics of City staff interest. HDR is pleased to continue to support the City's efforts related to water supply planning. HDR will perform these services on a time and materials basis with a maximum fee not to exceed $31,700 without advance written authorization from the City. Fees invoiced will be computed by multiplying payroll costs by a multiplier of 2.2, plus direct expenses (travel, printing, etc.). Payroll costs include salaries and customary and statutory benefits (Fringe Costs) equal to 48.83% of salary costs, subject to equitable adjustment each year to reflect changes in overall compensation practices and any changes imposed by federal or state laws. If additional task orders are requested to exceed the total amount allocated, then HDR will provide an additional scope as an addendum to this contract. All work will be accomplished under the terms of the original contract. If this proposal is acceptable, please sign below and return one copy. Should you need additional information regarding this proposal, please contact me at 512- 912-5118 at your convenience. We thank you for this opportunity to assist you. Sincerely, HDR Engineering, Inc. Kristine S. Shaw, P.E. Project Manager Amend. No. 2 Exhibit A Page 2 of 4 FN Attachment 1 - Summary of Tasks Provided by HDR to the City of Corpus Christi (Project No. E14022) for Development of Water Supply Presentations (June 10 — Sept 27, 2016) HDR Engineering provided technical support requested by the City of Corpus Christi according to the Amendment No. 1 scope from June 10, 2016. In addition to tasks identified in the agreement, HDR also assisted in developing new demand projection scenarios and summary graphics, participated in additional meetings with City Staff and stakeholders for presentation development, delivered three presentations to Council, and assisted with other tasks at City Staff request. HDR provided the following services for four water supply -related Council presentations: • Receipt of 200+ files and review of previous City of Corpus Christi presentations for historical context and messaging consistency; • The System (Presentation # 1) o Support and review of materials for City Council presentation by City Staff • Discovery- Demands (Presentation # 2) o Development of long-term water demand projection scenarios for City staff consideration and comment (for July 19th and August 30th presentations) o Review by City Staff, and address updates on water demand projections o Support in researching City- graphs and extending graphics to include current conditions o Preparation of outline with suggested content for Council presentation and submittal to City Staff o Development of presentation for City Staff review and comment o July 6th meeting with City Staff and industrial stakeholder to review water demand projections o July 19th City Council presentation "Discovery- Demands" • Discussion- Demands and Discovery- Agreed Order (Presentation # 3) o Coordination with Dr. Lee (TAMU) to gather information for alternative demand projection scenario o Development of third long-term water demand projection scenario o Participation in conference call on August 15, 2016 o Preparation of draft slides for consideration in Agreed Order presentation o Preparation of materials on Nueces Basin water rights pursuant to City Manager request (August 23, 2016) o August 30th City Council presentation "Discussion- Demands" Amend. No. 2 Exhibit A Page 3 of 4 FEZ • Discovery- Water Management Strategies and Discovery and Discussion- RFI Approach (Presentation # 4) o Preparation of outline with suggested content for Council presentation and submittal to City Staff o Coordination with TWDB to obtain LCC and CCR volumetric surveys o Preparation of City Council packet materials to supplement Water Management Strategies presentation o Review of SAWS' RFI process and prepared summary o Development of presentation for City Staff review and comment o September 9th meeting with City Staff to discuss draft presentation on Water Management Strategies and RFI Process o September 21St meeting with City Manager and City Staff to review Sept 27th Council presentation o Coordination on water supply model updates o September 27th City Council presentation "Discovery- Water Management Strategies and Discovery/Discussion- RFI Approach" Amend. No. 2 Exhibit A Page 4 of 4 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 07127/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 81,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 046 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 82,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/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 Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of 1 Rev 07/16 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 07/16 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: 4401 West Gate Boulevard, STREET ADDRESS: Suite 400 FIRM IS: 1. Corporation 4. Association CITY: Austin 2. Partnership 5. Other ZIP: 78745 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) NA 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 PIf4 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 NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d}] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Kelly J. Kaatz, P.E. Title: Senior Vice President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. 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. 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: 2016-120474 Date Filed: 10/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, Inc. Austin, 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. E14022 On -Call Professional Water Supply Planning Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE United States X Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA 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. ,.kYPti-. MICHELLE M BRITTON x?"'_� NOTARY PUBLIC :,a�.,.. .: +x State of Texas '�'':i.5. Comm. Exp. 0&-27-2017 • e• .re 0 author+, -d ag• o onuacring business entity j �% said K'( / � fa�Yl this the U/ day of (beler , AFFIX NOTARY STAMP / SEAL ABOVE Slop to and subscribed before me, by the 2t1 C—/ , to certify which, witness my hand and seal of office. Al fr , '// .;& A (W / kl, 00/4/ C/t,/37a9 Signature of officer administering oath Printed name of officer administering oath Tltle of officer adi2in >aer:ng oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Corpus Chr sti Engineering On -Call Technical Services Related to Water Supply Planning Council Presentation February 21, 2017 Project Scope Corpus Chr sti Engineering This contract amendment is to provide continued technical support for the City's water supply management and planning. The on-call activities primarily include: Performing additional evaluations based on City directives Developing summary results Coordinating analysis and data exchange with regional stakeholders Evaluating regulatory policy and rules interpretation Collaborating and meeting with City Staff Refinancing support of City's water supply project Preparing and presenting up to three water supply planning presentations to City Council Project Schedule Corpus Chr sti Engineering 2017 Mar Apr May Jun Jul Aug Project Estimate: 180 Calendar Days = 6 Months Projected Schedule reflects City Council award in February 2017 with anticipated completion in August 2017. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-120474 Date Filed: 10/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, Inc. Austin, 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. E14022 On -Call Professional Water Supply Planning Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE United States X Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA 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. ,.kYPti-. MICHELLE M BRITTON x?"'_� NOTARY PUBLIC :,a�.,.. .: +x State of Texas '�'':i.5. Comm. Exp. 0&-27-2017 • e• .re 0 author+, -d ag• o onuacring business entity j �% said K'( / � fa�Yl this the U/ day of (beler , AFFIX NOTARY STAMP / SEAL ABOVE Slop to and subscribed before me, by the 2t1 C—/ , to certify which, witness my hand and seal of office. Al fr , '// .;& A (W / kl, 00/4/ C/t,/37a9 Signature of officer administering oath Printed name of officer administering oath Tltle of officer adi2in >aer:ng 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 February 21, 2017 Action Item for the City Council Meeting of February 28, 2017 DATE: February 21, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director Utilities DanG@cctexas.com (361) 826-1718 Wesley Nebgen, Asstistant Director -Maintenance of Lines WesleyN©cctexas.com (361) 826-3111 Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services -Purchasing Divisan KimB2@cctexas.com (361) 826-3169 Purchase of Meter Transmission Units for Water Utilities and Gas Department CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Aclara Technologies LLC, of Hazelwood, Missouri for the purchase of meter transmission units (MTUs), based on the cooperative purchasing agreement with the Houston -Galveston Area Council for a total amount not to exceed $1,079,680.00, with an estimated expenditure of $629,813.33 in FY2016-17. The term of the agreement is a term of 12 months, with an option to extend for up to one additional 12 -month period, subject to the sole discretion of the City. PURPOSE: This item is to approve the purchase of Aclara Meter Transmission Units (MTUs) for Water Utilities and the Gas Department. BACKGROUND AND FINDINGS: The City of Corpus Christi has approximately 158,000 -metered water and gas connections, with new service connections added daily. In 2005, the City of Corpus Christi began implementation of the automated metering infrastructure that allows the wireless collection of daily meter readings for both water and gas utilities. As such, new meter transmission units (MTUs) must be installed to replace those that are broken, damaged or at new service connections lacking the required equipment. It is estimated that the Water Utilities will need approximately 8,000 units per year (6,000 for replacement and 2,000 for new services), and the Gas Department will need approximately 4,000 units for similar activities. ALTERNATIVES: The equipment identified is the optimum choice based on compatibility to existing meters. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Water Utilities Gas Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,138,292.57 $449,866.67 $1,588,159.24 Encumbered / Expended Amount $378,182.64 $0.00 $378,182.64 This item $629,813.33 $449,866.67 $1,079,680.00 BALANCE $130,296.60 $0.00 $130,296.60 Fund(s): Water Fund and Gas Fund Comments: The initial contract term total is a total amount not to exceed $1,079,680.00, with an estimated expenditure of 629,813.33 to be funded in FY2016-17. The total estimated contract value will be $2,159,360.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ Aclara Technologies, LLC Hazelwood, Missouri ITEM DESCRIPTION QTY UNIT PRICE EXTENDED PRICE 1 MTU - Water Encoder, Single Port, Standard Range 7000 $88.00 $616,000.00 2 MTU - Water Encoder, Single Port, Extended Range 200 $100.00 $20,000.00 3 MTU - Water Encoder, Single Port w/Antenna 200 $150.00 $30,000.00 4 MTU - Water Encoder, Dual Port w/Antenna 200 $252.00 $50,400.00 5 MTU - Water Encoder, Dual Port, Standard Range 200 $125.00 $25,000.00 6 MTU - Water Encoder, Dual Port, Extended Range 200 $150.00 $30,000.00 7 MTU - Gas Encoder, Single Port, Standard Range 3200 $70.00 $224,000.00 8 MTU - Gas Encoder, Single Port, Extended Range 100 $80.00 $8,000.00 9 MTU - Gas Encoder, Single Port, Standard Range 200 $100.00 $20,000.00 10 MTU - Gas Encoder, Single Port, Standard Range 700 $70.00 $49,000.00 11 MTU - Gas Encoder, Single Port, Extended Range 5 $80.00 $400.00 12 MTU - Gas Encoder, Single Port, Standard Range 5 $96.00 $480.00 13 ACC Kit, Field Programmer, USB 20 $300.00 $6,000.00 14 Cable Assembly, USB, 5Ft 20 $20.00 $400.00 Total $1,079,680.00 PRICE SHEET HGAC CONTRACT: WM08-16 WATER AND GAS METERS SUPPLY AGREEMENT NO. 1053 Gas and Water Meters THIS Gas and Water Meter Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Aclara Technologies LLC ("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 Gas and Water Meters in response to Request for Bid No. N/A ("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 Gas and Water Meters 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 one 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. a Compensation and Payment. The total value of this Agreement is not to exceed $1,079,680.00, 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 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: City of Corpus Christi Page 1 of 7 Approved as to Legal Form 2/16/16 Name: Joanna Moreno Department: Utilities Department Phone: 361-826-1649 Email: JoannaM@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 Supplier shall endeavor to provide the City with 30 days' advance written notice of cancellation. The City will be provided for as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) business 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. Supplier shall replace or repair any products that are delivered but not accepted by the City at no charge to the City. provided that City notifies the Supplier in writing within 20 days ("Acceptance Period") of Supplier delivering the products to a particular place designated by the City. In the event City does not notify Supplier on or before the expiration of the Acceptance Period of the unacceptability of any delivered products, such products shall be deemed to be acceptable to City, and such goods shall be warranted pursuant to Paragraph 8. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, 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 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 City of Corpus Christi Page 2 of 7 Approved as to Legal Form 2/16/16 1Q 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 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 Supplier covenants to pay its 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: Joanna Moreno Contracts / Funds Administrator, Utilities Department 2726 Holly Rd, Corpus Christi, TX 78415 Fax: 1-361-826-1715 IF TO SUPPLIER: City of Corpus Christi Page 3 of 7 Approved as to Legal Form 2/16/16 Aclara Technologies LLC Attn: Legal Department 945 Hornet Drive Hazelwood, MO 63042 Fax: (314)895-7373 Email: contracts@aclara.com 17. Indemnification. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES",) TO THE EXTENT CAUSED BY THE NEGLIGENCE OF THE SUPPLIER ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THIS CONTRACT, 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, REASONABLE ATTORNEYS' FEES AND REASONABLE EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF NEGLIEGENT ACTS OR OMISSIONS IN CONNECTION WITH THIS AGREEEMENT OR THE NEGLIGENT PERFORMANCE OF THIS AGREEMENT PROVIDED THAT: A. THE CITY PROMPTLY NOTIFIES SUPPLIER IN WRITING OF SUCH CLAIMS; B. CITY FULLY COOPERATES WITH SUPPLIER IN ASSISTING IN THE DEFENSE OR SETTLEMENT OF SUCH CLAIMS; AND C. SUPPLIER SHALL INVESTIGATE SUCH CLAIMS AND HAS THE SOLE RIGHT TO CONDUCT THE DEFENSE OF SUCH CLAIM OR TO SETTLE SUCH CLAIM. SUPPLIER SHALL DEFEND AT ITS OWN EXPENSE, WITH COUNSEL OF ITS CHOOSING, BUT REASONABLY ACCEPTABLE TO CUSTOMER, ANY SUIT OR ACTION BROUGHT AGAINST INDEMNITEES BASED UPON SUCH CLAIMS. 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 30 days 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 City of Corpus Christi Page 4 of 7 Approved as to Legal Form 2/16/16 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. LIMITATION OF LIABILITY. Notwithstanding anything contained herein to the contrary, the total aggregate liability of Supplier to the City for all liability arising out of or in connection with the performance by Supplier of its obligations under this Agreement shall be limited to the aggregate sum of payments made by the City to Supplier under this Agreement. IN NO CASE SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR FOR THE LOSS OF BENEFIT, PROFIT, REVENUE, OR DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 22 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) 23 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. 24 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, orjustice court in and for Nueces County, Texas. 25. 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. City of Corpus Christi Page 5 of 7 Approved as to Legal Form 2/16/16 (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 6 of 7 Approved as to Legal Form 2/16/16 SUPPLIER: ACLARA TECHNOLOGIES LLC Signature: Printed Name: Kurt R. Bruenning Title: CFO Date: 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. NA Exhibit 2: Supplier's Bid Response City of Corpus Christi Page 7 of 7 Approved as to Legal Form 2/16/16 Attachment A: Scope of Work Supply Water Meters and associated catalog parts as per HGACBUY Contract WM08-16 Attachment B: Bid/Pricing Schedule f Buy CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract No:WM08-16 2017 Date Prepared: 1/5/2017 This Worksheet is MUST be prepared by Contractor and given to End User. If a PO is issued, both documents faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly. Buying Agency: City of Corpus Christi, Texas Contractor: Aclara Controu Joanna Moreno Prepared By: Brian Rudd Phone: 361-826-1649 Phone: 513-266-0063 Fax: 361-826-1715 Fax: 314-895-7367 Email: joannam@cctexas.com Email: brudd@aclara.com Catalog / Price Sheet Name: 2017 Price Guide General Description of Product Aclara MTU's A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Quan Description Unit Pr Total 7000 MTU - Water Encoder, Single Port, Standard Range $88.00 $616,000.00 200 MTU - Water Encoder, Single Port, Extended Range $100.00 $20,000.00 200 MTU - Water Encoder, Single Port w/Antenna $150.00 $30,000.00 200 MTU - Water Encoder, Dual Port w/Antenna $252.00 $50,400.00 200 MTU - Water Encoder, Dual Port, Standard Range $125.00 $25,000.00 200 MTU - Water Encoder, Dual Port, Extended Range $150.00 $30,000.00 3200 MTU - Gas Encoder, Single Port, Standard Range $70.00 $224,000.00 100 MTU - Gas Encoder, Single Port, Extended Range $80.00 $8,000.00 200 MTU - Gas Encoder, Single Port, Standard Range $100.00 $20,000.00 700 MTU - Gas Encoder, Single Port, Standard Range $70.00 $49,000.00 5 MTU - Gas Encoder, Single Port, Extended Range $80.00 $400.00 5 MTU - Gas Encoder, Single Port, Standard Range $96.00 $480.00 20 ACC Kit, Field Programmer, USB $300.00 $6,000.00 20 Cable Assembly, USB, 5Ft $20.00 $400.00 Trade -In 0 Freight- F.O.B.- City of Corpus Christi, Texas Delivery Date: 30 days ARO $1,079,680.00 Attachment C: Insurance / Bond Requirements No insurance is required for the supply agreement. Attachment D: Warranty Requirements Aclara Warranties Aclara Technologies LLC Aclara Warranties • STAR® MTU Warranty Page 1 of 3 Page 2 of 3 Aclara Warranties Aclara Technologies LLC STAR® MTU Warranty Basic Warranty Aclara Technologies LLC warrants to the original PURCHASER of a STAR® Utility Meter Transmission Unit (MTU) that the MTU shall perform in accordance with the specifications in effect at the time of original product shipment and shall be free from defects in material and workmanship for a period often (10) years from the date of original product shipment (the "full warranty period"). Any STAR® Utility MTU manufactured by Aclara Technologies LLC that, within the full warranty period: (i) fails to perform in accordance with the specifications in effect at the time of original product shipment or (ii) fails as a result of a defect in material or workmanship, when returned to Aclara Technologies LLC, freight prepaid, will be repaired or replaced at the option of Aclara Technologies LLC without charge to the PURCHASER. A STAR® Utility MTU which has been repaired or replaced by Aclara Technologies LLC will be returned to the PURCHASER by Aclara Technologies LLC, freight prepaid. All costs associated with the removal and/or reinstallation of a defective STAR® Utility MTU shall be the responsibility of the PURCHASER. Aclara Technologies LLC warrants replacement MTUs for the longer of (i) the remaining term of the full warranty period applicable to the STAR® Utility MTU repaired or replaced or (H) one year from the date the repaired STAR® Utility MTU or its replacement is returned to PURCHASER. Aclara Technologies LLC reserves the right to supply factory refurbished equipment, new equipment, or a newer model that provides equivalent or better performance. Extended Warranty Subject to the limitations set forth below, Aclara Technologies LLC, will replace any STAR® Utility MTU that, after expiration of the full warranty period but before the expiration of the twentieth (20th) full year after the date of original product shipment (the "extended warranty period"): (i) fails to perform in accordance with the specifications in effect at the time of original product shipment or (ii) fails as a result of a defect in material or workmanship. The cost of replacement will be pro- rated in accordance with the following table based on the number years of service before failure: Years of Service Replacement Cost Percentage 11 55% 12 60% 13 65% 14 70% 15 75% 16 80% 17 85% 18 90% 19 95% 20 100% The cost of replacement will be calculated by multiplying the applicable replacement cost percentage by the STAR® Utility MTU price in effect at the time of replacement. The defective MTU must be returned to Aclara Technologies LLC by the PURCHASER, freight prepaid; Aclara Technologies LLC will pay the freight charges for the return of the replacement to the PURCHASER. All costs associated with the removal and/or reinstallation of a defective STAR® Utility MTU shall be the responsibility of the PURCHASER. Aclara Technologies LLC warrants MTUs replaced pursuant to the Extended Warranty for ten (10) years (in accordance with the terms of the Basic Warranty) from the date the replacement is returned to the PURCHASER. Aclara Technologies LLC reserves the right to supply factory refurbished equipment, new equipment, or a newer model that provides equivalent or better performance. The STAR® Utility MTU warranties do not cover repairs or replacements required as a result of: misuse, mishandling, improper storage, accident, modification, improper operation, installation Page 3 of 3 Aclara Warranties Aclara Technologies LLC errors, meter failures, theft, vandalism, repair by unauthorized personnel, or battery life for MTUs that are configured and operated for more than two (2) to four (4) transmissions per day. Aclara Technologies LLC makes no warranty whatsoever with respect to the minimum communication distance or reliability of the radio propagation path of STAR® Utility MTUs. Each MTU includes software which is proprietary to Aclara Technologies LLC and which is protected by United States Copyright Laws with which the PURCHASER must comply. PURCHASER has the right to utilize the software in the MTU with the MTU, but PURCHASER may not disassemble, decompile, or modify the software. The software is confidential and the property of Aclara Technologies LLC and shall not be disclosed to others. THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF ACLARA TECHNOLOGIES LLC SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT. IN NO EVENT SHALL ACLARA TECHNOLOGIES LLC BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM PRODUCT INSTALLATION, USE, REMOVAL OR REINSTALLATION. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND IN NO EVENT SHALL THE LIABILITY OF ACLARA TECHNOLOGIES LLC EXCEED THE PRICE OF THE PRODUCT ON WHICH SUCH LIABILITY IS BASED. THE LIMITATION OF REMEDIES SET FORTH HEREIN IS IN RECOGNITION OF THE DIFFICULTIES OF PROOF OF LOSS AND THE INCONVENIENCE AND NON -FEASIBILITY OF OTHERWISE MEASURING DAMAGES AND OBTAINING AN ADEQUATE REMEDY. THE WARRANTIES CONTAINED HEREIN MAY NOT BE ALTERED, AMENDED, OR MODIFIED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ACLARA TECHNOLOGIES LLC. 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: 2017-157176 Date Filed: 01123/2017 Date Acknowledged: 1. Name of business entity tiling form, and the city, state and country of the business entity's place of business. Aclara Technolgies LLC Hazelwood , MO United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1053 The sale of hardware for customer's STAR Network. 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT l swear, or affirm, under penalty of per)ury, that the above disclosure is true and correct. MICHELLE BIERI Notary Public, Notary Seal State of Missouri Jefferson County 6931386 --- Commission # 1 M oMmission EK Ir66 Jdl 25, 2020 M Signature of authorized agent of contracting business entity AFFIX Sworn ioniummuivirli NOTARY STAMP / SEAL ABOVE/1 to and subscribed before me, by the said b+ .r/ Fi+. yfc�c{ , this the [ A day ofry , 2011 , to certify which, witness my hand and seal of office. /e 64,( (3 tP,L 0'Y) r dt/k 6iea. oas �v �c� h f i , Signature of officer administering oath Printed name of officer administering oath Titi of officer a ,ministering oath Forms provided by Texas Ethics Commission www. eth ics.state.tx. us ersion v1,u. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2017 Action Item for the City Council Meeting of February 28, 2017 DATE: February 21, 2017 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Finance constancep@cctexas.com (361) 826-3227 Saundra K. Thaxton, Assistant Director of Strategic Management saundra@cctexas.com (361826-3682) Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Cost Allocation Plans and User Fee Study Service Agreement CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with MGT of America Consulting, LLC, of Austin, Texas for cost allocation plans and a user fee study for a total amount not to exceed $101,630, of which $74,280.00 will be paid in Fiscal Year 2016-2017. The term of the agreement is for 36 months with up to two additional 12 -month extension option periods, subject to the sole discretion of the City. PURPOSE: The purpose of this agenda item is to establish a service agreement to prepare Cost Allocation Plans and a User Fee Study. BACKGROUND AND FINDINGS: On November 28, 2016 the City of Corpus Christi through the City Purchasing Division issued a Request for Proposal (RFP) to establish a service agreement to prepare Cost Allocation Plans and a User Fee Study. Four companies responded; however, three indicated they were not proposing due to lack of experience. Therefore, the one remaining proposal was evaluated. An evaluation team comprised of Finance staff and Strategic Management staff scored according to the criteria outlined in RFP. The proposer was invited for an interview and presentation. Through the evaluation process, a determination was made that the proposer, MGT Consulting Group was very well qualified and would provide the best value to the City based on their technical proposal, interview/demonstration and pricing. Cost allocation plans are important management information tools because they go beyond budget and year-end accounting documents to describe the actual cost of providing services to the public. The City will utilize the cost allocation plans as an accounting report to calculate and spread agency -wide indirect cost to departments, for example Parks and Recreation or the Health Department, that receive a service from other departments such as Payroll or Facilities and Legal. When the value of all central services are accumulated and added to the departmental expenditures as per the financial reports, the actual cost of providing the service is the result. A cost allocation plan is composed of five primary components: • Central services departments • Benefiting departments • Expenditures of central services departments • Functions or activities carried out by central service departments, and • Means of allocating the functions or activities of central service departments The cost allocation plan will include a Federal CFR Part 200 cost allocation plan that conforms to all applicable federal and state regulations and guidelines to be used to recover costs charged to federal and state grants. As a result, the City will use these plans to recover indirect cost charged to the City enterprise and special revenues funds and federal and state grants. User Fee Study will calculate the full cost of all current and potential fee -for -services for certain General Fund departments, divisions, and services to include: Fire, Emergency Medical Services, Libraries, Police, Animal Care, Code Enforcement and Parks & Recreation. The Government Finance Officers Association (GFOA) states that best practice is every 3-5 years. However, the City has not conducted a comprehensive review and calculation of general fund user fees in approximately 25-30 years. In this period, services and delivery have changed, been eliminated, or implemented. Few new fees have been identified that support the services provided by the City. Most importantly, this study will provide a sound financial basis to support the fees and services provided. MGT of America Consulting, LLC will provide the City user fee calculations and recommendations prior to the next annual budget cycle beginning in May 2017 with the fiscal year beginning October 1. The contractor is required to complete this study prior to this timeline and to deliver a fee study model which can be updated annually by the City. In calculating the full cost of user fees, a transparent approach is required utilizing City Staff's knowledge with contractor's expertise to generate comprehensive and accurate results. Costs must be generated from the "bottom-up," building the cost component by component to arrive at legally defensible fees. The "bottom-up" approach will: • Ensure that all personnel time by department, division, etc. is identified and accounted; • Ensure that all costs -user fee service related or not -are included in the study • Include checks and balances to ensure all personnel time and associated costs are captured and distributed accurately, not just on a high-level percentage basis; • Ensure transparency with a clear and easily understandable identification of all time and associated costs for all department personnel, services, and activities. MGT of America Consulting, LLC will also ensure that the full cost calculation incorporates both direct and indirect costs, including direct salaries and benefits, operating cost, capital asset use charges, indirect support from other departments, and is consistent with the methodology recommended by the GFOA. They will also provide a spreadsheet user fee model to the City that is easy to use, yet powerful enough to handle even the most complex of fees. The model will be flexible and able to accommodate funds, departments, divisions, and fees of vastly different sizes. The model will be fully customized to accurately reflect the unique aspects of the City's organization. The model will allow the cost of services to be analyzed at the unit cost level, or on a program -wide basis where desired. The model will accommodate the ability to individually control all types of costs, including personnel costs, contract costs, direct materials, departmental support cost and allocated indirect cost, and include several self -checking audit formulas. This will allow the model to calculate fees that are both accurate and comprehensive. A model with training will be provided by MGT Consulting Group so that the City may annually update the fees. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Cost allocation plans have the power to add a higher level of transparency on many different levels. They can add transparency within the City organization itself by allowing Financial Services to track department's costs dollar for dollar. Cost plans can add transparency between the City and community by offering an open view into the fact that every project and department has a very real, and often quite high overhead cost. The cost allocation plans will provide the City a tool to justify indirect cost to their acquainted agencies, for example grant makers for federal grant reimbursements. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Financial Services Department and Budget Services Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $74,280 $55,400 $129,680 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $74,280 $55,400 $129,680 BALANCE $0.00 $0.00 $0.00 Fund(s) General Fund, Water Fund, Gas Fund, Wastewater Fund, Storm Water Fund, Airport Fund, Marina Fund, Fleet Maintenance Fund, Information Technology Fund, Development Services Fund, Engineering Fund Comments: The term of the contract will be for three years for a total amount of $101,630, of which an estimated total cost of $40,850 is for the Cost Allocation Plan, and $60,780 is for the User Fee Study. In year one, the estimated cost for will be $74,280.00, of which $13,500 is for the Full Cost Allocation Plan, and $60,780 for the User Fee Study. The remaining two years will be requested in future years during the normal budget process for an estimated amount of $13,500 and $13,850 respectfully. The total estimated contract value will be $129,680 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement- Cost Allocation Plan and User Fee Study Service Agreement Evaluation Matrix Presentation SERVICE AGREEMENT NO. 980 Cost Allocation Plans and User Fee Study THIS Cost Allocation Plans and User Fee Study Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and MGT of America, Consulting Group, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Cost Allocation Plans and User Fee Study in response to Request for Bid/Proposal No. 980 ("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 Cost Allocation Plans and User Fee Study ("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 ifs entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional twelve-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 $101,630.00, 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: For Cost Allocation Plans: Martha Messer Finance 361.826.3624 marthame@cctexas.com For User Fee Study: Saundra Thaxton Strategic Management 361 .826.3682 saundra@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("001"), 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 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. 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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 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, 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. lJpon 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: Martha Messer Finance 1201 Leopard Street, Corpus Christi, Texas 78401 Fax: 361.826.360 1 IF TO CONTRACTOR: City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 MGT of America Consulting, LLC Attn: J. Mark Carpenter Director 1801 E. 51St Street, Suite 365-504 , Austin, Texas, 78723 Fax: 972.596.3862 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 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 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: `�1 � �r�Vl ',GL Title: Moon_ t Ck� vvv ( C 1 ti r` C LO Date: 715114 - CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 980 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 PART 1 - COST ALLOCATION PLANS 1.1. General Requirements/Background - Cost Allocation Pians The Contractor is required to timely produce for the City, in compliance with this Scope of Work, a Full Cost Allocation Plans that allocates indirect costs to all City departments and will be used for management purposes such as setting administrative transfer amounts to the general fund from enterprise and special revenue funds, and a Federal 2 CFR Part 200 Cost Allocation Plan that conforms to all applicable federal and state regulations and guidelines, to be used to recover indirect costs charged to federal and state grants. 1.2. Scope of Work for Cost Allocation Plans A. A Full Cost Allocation Plan is required each year as follows: 1. The full cost allocation plan will not require negotiation with an outside agency, but will be used for internal pricing policies only. It will be prepared in accordance with Generally Accepted Accounting Principles and Procedures. 2. The Contractor will prepare the full cost allocation with the assistance of the City as described herein. The initial full cost allocation plan will be based on the Fiscal Year 2016-2017 adopted budget provided to the successful proposer by the City. The City's fiscal year end is September 30; the Contractor will receive cost and allocation data approximately 210 days after fiscal year end. 3. The Contractor is required to perform a comparison of prior and current year allocations with delivery of draft plan. The City will require approximately two weeks to review and work out possible revisions to the plan prior to delivery of final plan. 4. The following is a timetable that shows the approximate dates on which the Contractor may expect to receive the information necessary to perform the tasks outlined herein and on which delivery of the plans is expected: September 30 Fiscal year ends March 31 Audited financial statements available. April 1 - May 30 City and Contractor work together to determine data requirements and city to produce such data Page 1 of 10 June 15 July 1 Delivery of draft Federal 2 CFR Part 200 & Full Cost Allocation Plans expected Delivery of final Federal 2 CFR Part 200 & Full Cost Allocation Plans expected 5. One full cost allocation plan and one Federal 2 CFR Part 200 cost allocation plan will be due from the Contractor in the initial fiscal year of the initial term of the contract and in each of the ensuing fiscal years of the initial term of the contract and any extensions thereof. 6 The City will assign a liaison between the City departments and the Contractor to ensure information is gathered as expeditiously as possible. The Contractor will provide the City with a preliminary list of data requirements, and the Contractor will need to make a site visit each year to consult with City staff to determine allocation bases and final data requirements. 7. The Contractor will be required to produce and deliver four bound copies and one electronic copy of each plan, to be completed within the 90 day time frame described above. 8. The report will include a chapter for each central service agency describing the functions or services provided, the means of allocation, departmental expenditures, incoming indirect costs, and costs allocated to each benefiting agency in detail and summary. The report will also include an overall summary of costs allocated to each benefitting agency by central service agency. 9. The Contractor shall maintain all working papers for a period of at least five years after termination or expiration of the contract and any extension thereof. B. A Federal 2 CFR Part 200A Cost Allocation Plan is required each year as follows: The Contractor will prepare the Federal 2 CFR Part 200 plan on actual audited cost data reconciled to the City's Comprehensive Annual Financial Report (CAFR). The allocation data used in preparing this plan should, in most cases, be the same as those used in preparing the full cost allocation plan. Page 2 of 10 PART 2 - USER FEE STUDY 1.3. General Requirements/Background - User Fee Study The Contractor is required to conduct a user fee study. This study will calculate the full cost of all current and potential fee -for -services for certain General Fund departments, divisions, and services. A user fee service is one in which the applicant (personal, business, organization) receives a benefit that does not accrue to non -applicants. The purpose of a user fee study is to identify the full cost of providing a service and then set a cost recovery and subsidy leve! that is appropriate to the market, service, department, and goals of the City. The recipients of some user fee services benefit monetarily. In this case, the recovery/subsidy policy is to recover the full costs of those services, such as development services. Policy making groups across the country routinely set these fees to recover full, or near full costs. The recipients of some user fee services do not benefit monetarily, but rather more in a sense of quality of life or community. The recovery/subsidy policy is set to recover only a portion of the full costs of those services such as recreation and library services. DECISION MAKING FLOW CHART I IPM91111110f Community 111 Mow* InOulaI%WM same tewr4wdty bewel4u ce 'fix vs Fee ple Services Public - 100% taxes Police patrol services • Public/private Mostly taxes & some ..t Code enforcement fees services imatly, indMdwl with WNW taifitinunkyivide Private/public botiontis 1 Individual benefit only Mosby fees & some loxes Private Imo 100% fees �► Youth sports Development services Overview Each city has unique requirements and user fees must lie between full cost recovery and/or full subsidy. This user fee study must calculate the costs of providing services and incorporate layers of decisions based on multiple variables such as the following: • Elasticity of demand • Practicality of collection • Encouraging, or discouraging, consumption behavior Page 3 of 10 • Private sector competition A typical user fee study includes the following goals and objectives: • Define what it costs the City to provide various fee -related services; • Determine whether there are any opportunities to implement new fees; • Identify service areas where the City might adjust fees based on the full cost of services and other economic or policy considerations; • Develop revenue projections based on potential increases for decreases) to fees; • Perform internal analyses of staffing levels, workload statistics, and performance measures; • Establish cost recovery and subsidy policies; • Adopt an updated user fee schedule. Key Personnel It is critical that the Contractor provide qualified individuals to work on this study. The project team has been accepted that combines deep knowledge and experience in preparing cost allocation plans and user fee studies in Texas. In the event of an unforeseen circumstance and an approved team member is unavailable to provide the proposed services, a replacement member with equal or greater cost allocation experience will be added to the team. This transition will be seamless. Background The City conducted a comprehensive review and calculation of general fund user fees in approximately 25-30 years. In this period, user fee services and delivery have changed, or been eliminated or implemented. Few new fees have been identified that support the services provided by the City. We recognize the immediate need do so. 1.4. Scope of Work for User Fee Study A. General Fund departments to be studied include the following: • Fire: Emergency Ops. • Emergency Medical Services (EMS) • Libraries • Police • Animal Care • Code Enforcement • Parks and Recreation B. The City has a need for user fee calculations and recommendations prior to the next annual budget cycle beginning in May 2017 with the fiscal year beginning October 1. The Contractor is required to complete this study prior to this timeline and to deliver a fee study model which can be updated annually by the City. Page 4 of 10 C. In calculating the full cost of user fees, a transparent approach is required utilizing City staff's knowledge with Contractor's expertise to generate comprehensive and accurate results. Costs must be generated from the "bottom-up," building the costs component by component to arrive at legally defensible fees. The "bottom-up" approach will: • ensure that all personnel time by department, division, etc. is identified and accounted; • ensure that all costs—user fee service related or not—are included in the study; • include checks and balances to ensure all personnel time and associated costs are captured and distributed accurately, not just on a high-level percentage basis; • ensure transparency with a clear and easily understandable identification of all time and associated costs for all department personnel, services, and activities. D. The Contractor shall ensure that the full cost calculation incorporates both direct and indirect costs, including direct salaries and benefits, operating costs, capital asset use charges, indirect support from other departments, and is consistent with the methodology recommended by the Government Finance Officers Association (GFOA). E. Technical Approach: Project Segments and Sequence - Phases are suggested to balance the needs of both a comprehensive city-wide study and the need of results by May 2017. On-site meetings will be required to inquire about work processes associated with fee activities: • Preliminary Results of User Fee Study • Presentation of User Fee Study Results - to staff and city council with workshops obtaining input to subsidy levels required. • Completion of User Fee Study • Staff training on fee model: training of budget staff for subsequent year's model update F. User -Friendly Spreadsheet Calculation Model 1. The Contractor will provide a spreadsheet user fee model to the City that is easy to use, yet powerful enough to handle even the most complex of fees. The model will be flexible and able to accommodate fund, department, divisions, and fees of vastly different sizes. The model will be fully customized to accurately reflect the unique aspects of the City's organization. 2. The model will allow the cost of services to be analyzed at the unit cost level, or on a program -wide basis where desired. The model will accommodate the ability to individually control all types of costs, including personnel costs, contract costs, direct materials, departmental support costs and allocated Page 5 of 10 indirect costs, and include several self -checking audit formulas. This will allow the model to calculate fees that are both accurate and comprehensive. G. Comprehensive Calculation Methodology 1. The Contractor will design an analytical calculation that is defensible, yet flexible enough to complete the analysis within a reasonable timeframe and without unduly impacting the other work requirements of client staff. The Contractor will be required to use the Standard Cost method: in this method, the average or standardized cost is determined through the calculation of a productive hourly cost rate for each staff position. The productive hourly cost rates are then applied to the time to complete activities within a department. This not only has the benefit of continuity, but it can also be used to forecast required staffing workloads as volume changes. Two critical requirements of this approach are the proper development of the productive hourly rate, and the capturing of all fee and non -fee activities within any single budget unit. 2. The Contractor will use highly detailed calculations to produce standard costs as the most defensible and practical method. On-site interviews will be conducted with the City staff in the data gathering stage and the review stage. All data is derived from the City's sources. Documented information will be used, such as unit volume where available, and best -estimates from City staff where data has not been historically collected. H. Summary of Costs and Fees 1. The Contractor's final product will consist of a summary schedule of full costs and fees, divided into two distinct sections: a. Current Fees: this section displays information about all services areas as they currently exist and compares the fee levels to the full cost information: • current fee • annual revenue • full cost • recovery percentage • annual subsidy b. Recommendations: developed with input from City staff and City Council, the recommendations section provides instant feedback for decision makers as to what the subsidy will be for a service if fees are set at less than 100% recovery. By entering varying recovery levels, the model will re -calculate the fee and provide updated information regarding: • expected annual revenue Page 6 of 10 • expected increase over current revenues • expected annual subsidy Current Per unit Annual Se -.-:a "carne ..a CArnra Fee %.veer: ?ata: me 7. F Ccr. Grand Totals 2E7. 7.5 75.7 .55-3.5771, 5158,960r $93.185 Recommendations Per Unit Annual =:e.:.e-, =ee g .4^n,Ja ,--:,•-e eve:, Re.:: -.-4-:e: 1:: t'-' - -- r • S192.585 •--' 533,625 E S59.560 1. Deliverables A. The Contractor will be required to conduct a project kick-off meeting for all user fee department personnel, City management, and other project stakeholders is needed. B. The Contractor will also conduct user fee training sessions and comprehensive review of the first draft user fee reports for finance and budget personnel or other project stakeholders is also required. Each phase will include complete user fee calculations, recommendations, reports and presentations for prioritized general fund departments. C. Following completion of calculations and recommendations, the Contractor will provide a report of study results that will need to be compiled and presented by the Contractor to City personnel and officials and include workshops. Information provided should include at a minimum: 1. Final user fee calculation reports for the phased departments with current or potential new user fees. These reports will be based on the reviewed and approved draft user fee calculation reports. Each departmental report will include: • Description of each City service for which a fee is charged or could be charged. • The number of units provided in an obtainable 12 -month period for each fee or potential new fee. • Review the reasonableness of each fee or potential new fee. • Documentation of data used to calculate each fee or potential new fee. • Transparent calculation of direct/indirect costs associated with each fee or potential new fee on a per-unit basis formatted for the continuation of user fee study. • Detailed recommendation options to recover the full cost, or portion of full cost of each fee or potential new fee. • Detailed calculation of subsidies for each fee or potential new fee. Page 7 of 10 • Factors that could prevent the implementation of the full cost of existing user fees or potential new user fees. • Rationale and considerations for charging fees or potential new fees. • Detailed projected City revenues and revenue increases based on recovery recommendation options. • Recommendations to the change of existing or implementation of new user fees. 2. A draft comprehensive project report. The draft project will represent the City's cost recovery policy, including recommendations for current and new fees. The draft report will include: • An executive summary of the results of the user fee study. • Detailed schedules documenting: o A description of each service provided. o Summarization of full cost composition, present cost recovery, and cost/revenue analysis by department. o Summarization of a comparison of current user fee levels to the full cost of that service. o Summarization of various fee alternatives with associated impact on revenue generation and cost recovery including applicable comparative data relevant to public policy issues. o Summarization of all user fee charges and rate increases for the City and projected current revenues and increases in revenues. o Discussion of the operational or accounting considerations needed for implementation for services for which user fees are not collected. 3. A final comprehensive report. The final will represent the City's cost recovery policy including recommendations for current and new fees. The final report will include: • An executive summary of the results of Phase 1 of the user fee study. • Detailed schedules documenting: o A description of each service provided. o Summarization of full cost composition, present cost recovery, and cost/revenue analysis by department. o Summarization of a comparison of current user fee levels to the full cost of that service. o Summarization of various fee alternatives with associated impact on revenue generation and cost recovery including applicable comparative data relevant to public policy issues. o Summarization of all user fee charges and rate increases for the City and projected current revenues and increases in revenues. Page 8 of 10 • Discussion of the operational or accounting considerations needed for implementation for services for which user fees are not collected. 4. Members of the project team will present results of the user fee study to City personnel and officials at informal, or more formal venues such as a council work session or public hearing. The presentations will include executive -level reviews of process for completing and implementing the user fee study and include discussion of subsidy levels and determination of such. Copies of phased work papers as requested. A User Fee Model will be provided with sufficient staff training to update for subsequent years. J. Schedule by Task The Contractor will provide a projected schedule for the completion of the user fee study. The schedule will need to include City staff meeting time, time for providing data needed for the study, reviewing draft results and providing feedback/comments in a timely manner. K. Support Support for normal and reasonable inquiries arising following the study's finalization and for updating the project or additional activities as requested by City personnel is required for 30 days after the final report has been submitted. Page 9 of 10 City of Corpus Christi Organizational Chart r MN�M1rtiY CVO 11000•1 lisegy YYY10ril 01iJM! Dimply 0MpI* vACAPO L City Council 52G-3105 c lty Manage Margie C. Rosi SUC-3220 Tiers latrilbei 116.1011 LMr* CAVA animals 1lrtrilaur ati-nals Orb d rseyewrd & • Nogg Wwrpasrd tarn terra. A alNn/ • 1344**2 Pryor li.itwall Irisin Bun KEA 12114311 liarormilos Farirer • ui.1larsae0l OIO.1Ttl Cain .A kskrtlNrir MOM ihirmere 1704/11 . ijut Cay 1it1 it C1IyAi4 r srlma Sant 11C-3“1 l Gip AOlnmO Alm M w 11304100 mimeiffird Man bear ilrnpl iL.IT10 airlrrblr +Non memo Wit GIN LOIN SSC -11121 r - � NEM Philiiima Awrrori 1Wa 1111r1M ai ACM oak tm Vast 124-1/13 { Damp.: rwnr :.31w Orap, I` 111+.409. CA 3713 LI Wore t 41/4.._ss_,Lrb C1N ICArr r NEM 1121m1 Ie6M4rnr •wd.rr r►�1e L. eir•trn E b.'- ' sa ilr+rr Edmprgto 111 -}alta MAe1� 11 1111110 ierrrr Gree prsneis 4.1P4 Or M j 1 Fla Ceill Ilenort Raft 0741114 S r r. row. CInti NM Mime 1111.1104 pis=r1ret 41 171 WWI* AW EMILf iloimi=10j Mint Mhos Page 'Oaf 10 Attachment B - Bid/Pricing Schedule Page of 2 DATE: MGT of e „.,. CITY OF CORPUS CHRISTI PRICING FORM PURCHASING DIVISION 1852 USER FEE STUDY PAGE 1 OF 2 RFP NO. 980 COST ALLOCATION PLANS AND December 23, 2016 �� America Consulting, LLC PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Quote your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION TOTAL PRICE 1.0 1.1 2.0 2.1 3.0 3.1 Full Cost Allocation Plan - Year 1 Federal2 CFR Part 200A Cost Allocation Pion - Year 1 Full Cost Allocation Pian - Year 2 Federal CFR Part 200A Cost Allocation Plan - Year 2 Full Cost Allocation Plan - Year 3 Federal 2 CFR Part 200A Cost Allocation Plan - Year 3 $11,000 $ 2,500 $11, 000 $ 2, 500 $11,250 $ 2,600 Page of 2 ITEM DESCRIPTION TOTAL PRICE 4.0 Cost Allocation Plan - Option Year 4 $11,250 4.1 Federal 2 CFR Part 200A Cost Allocation Plan - Option Year 4 $ 2,600 5.0 Cost Allocation Plan - Option Year 5 $11, 500 5.1 Federal 2 CFR Part 200A Cost Allocation Plan - Option Year 5 $ 2,700 6.0 User Fee Study $60,780 Total Total of all work outlined above $129,680 Page 2 of 2 Attachment C - Insurance/Bond Requirements 1.1. Insurance Requirements 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 Page 1 of 4 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Statutory and complies with Part II of this Exhibit. Employers Liability $500,000/$500,000/$500,000 IF APPLICABLE PROFESSIONAL LIABILITY $1,000,000 Per Claim 1. Personal Injury 2. Errors & Omissions 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 Page 2 of 4 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. Page 3 of 4 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. III. Bonds - no bonds are required for this agreement. 2016 Insurance Requirements Purchasing Cost Allocation User Fee Study 11/18/2016 my Risk Management Page 4 of 4 Attachment D - Warranty Requirements No warranties are required under this Agreement. Cost Allocation & User Fee Study RFP 980 Evaluation Committee Score Card Proposal Evaluation Max Points 100Consulting MGT Group Evaluation Criteria Minimum Qualifications Pass/Fail Pass Required ten years in business with five plans completed Staff resumes included No outstanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided for firm Pass/Fail Pass/Fail Pass/Fail Pass/Fail Pass/Fail Pass/Fail Technical Proposal (60 points) Firms' Experience (15 points) 15 13.34 Experience on projects of similar scope and complexity; Demonstrated capability of timely completion of comparable projects; Past Performance and References. Team Experience (15 points) 15 15 Team members with experience and qualifications; Team members experience with work of similar scope and complexity Understanding of Project Scope (30 points) 30 30 Demonstrated understanding of scope of services, Demonstrated understanding and experience with similar service with a public agency Interview 10 10 Fee 30 30 Total 100 98.34 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. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MGT of America Consulting LLC Tallahassee, FL 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 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-164008 Date Filed: 02/08/2017 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. 980 Cost Allocation Plans and User Fee Study Agreement (Consulting Services) the contract, and provide a 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT CHERYL SPARKS Commission FF 61732 My Commission Expires October 10. 2017 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity Swor .:. d subscribed before me, by the said , e9 ci1 SOt-- 20 , t ify which, witness my hand and seal of offic . Sigma. e er ministering oath ki,x4 this the r) da of V 1111:1- Y Printed nal of off er administering oath Title of officer admi iisteriny oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0.277 Cost Allocation Plans and User Fee Study Service Agreement Council Presentation February 21, 2017 Cost Allocation Plan & User Fee Study Leverages Related Information Cost Allocation Plan required annually to comply with Federal CFR Part 200: — conforms to all applicable federal/state regulations/guidelines to recover costs charged to federal/state grants; — City recovers indirect cost charged to enterprise/special revenues funds & federal/state grants. User Fee Study identifies true cost of providing service: — Sets a cost recovery/subsidy level appropriate to the market, service, department, & goals of the City; — GFOA best practice: conduct every 3-5 years; — No comprehensive review in almost 30 years; — Services and delivery have changed, been eliminated, or implemented. Extensive MGT Team User Fee Experience City of Greensboro, NC Harris County, TX City and County of San Francisco, CA City of Dallas City of Oklahoma City, OK City of Richmond, VA City of Lewisville, TX City of Cape Coral, FL City of Jacksonville, FL City of Raleigh, NC Collier County, FL City of Houston, TX City of Los Angeles, CA City of Fort Worth City of Pasadena, CA City of Rockville, MD City of Lubbock, TX Allegan County, MI City of Pensacola, FL City of San Antonio City of Tamarac, FL City of Greensboro, NC Fee Study Goals: General Fund Services Comprehensive cost analysis in the following General Fund departments: Fire Emergency Medical Services (EMS) Libraries Police Animal Care Code Enforcement Parks and Recreation Provides a model that can updated internally in future years. Developing Costing Assumptions Full Cost comprehensive approach involves detailed analysis of cost components. Cost Component Contents Direct c Departmental budget: salaries and benefits, services and supplies Indirect Divisional, Departmental, and City-wide overhead Gross -Departmental Review by other departments Plans, policy and systems maintenance Projected technology costs, comprehensive plan update, zoning and building code enforcement, etc. 5 Making Pricing Decisions Who Benefits Type of Service Community FI l Primarily, individual with some community benefits I1 Primarily, individual with some communitywide benefits 1 —b Individual benefit only Tax vs Fees Example Policy IL Services Public Public/private Private/public Private 100% taxes Mostly taxes & some fees Mostly fees & some taxes 100% fees Police patrol services Code enforcement services Youth sports Development services 6 Timeline: Complete for Budget Inclusion MGT is prepared to work with an aggressive time line — completion in June assuming start date of early March Project will require singular attention and dedication AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2017 Action Item for the City Council Meeting of February 28, 2017 DATE: February 15, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Construction Contract Corpus Christi International Airport (CCIA) Taxiway "K" (Kilo) Extension Motion authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Civil Construction, Inc. of Houston, Texas in the amount of $2,203,523.71 for the Corpus Christi International Airport (CCIA) Taxiway "K" (Kilo) Extension for Base Bid I (Concrete Option). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with SpawGlass Civil Construction, Inc. of Houston, Texas to extend Taxiway "K" (Kilo) Construction for the support of United States Coast Guard operations relocation to CCIA from Naval Air Station Corpus Christi. BACKGROUND AND FINDINGS: This is a joint Federal Aviation Administration (FAA)/City project with a respective 90/10 percent construction cost sharing. This project provides construction services to install approximately 7,150 SY of new pavement in order to expand and extend Taxiway K at Corpus Christi International Airport (CCIA) with associated drainage, electrical, lighting and signage improvements. The Taxiway Kilo construction is on a critical timeline to support the new United States Coast Guard (USCG) operations relocating from Naval Air Station Corpus Christi to CCIA due to space constraints. USCG operations include various fixed and rotary wing aircraft with occasional C -130's. USGS is currently constructing a new USGS hangar that is scheduled for completion in August 2017. Taxiway K provides the only airfield access and must be in place to meet the USGS mission at CCIA. Historically, CCIA projects receive limited bidding competition due to the more restrictive operational and security requirements. To increase competition, the FAA and City staff agreed to develop the project with two base bids for a Portland Cement Concrete (PCC) taxiway and a Hot -Mix -Asphalt -Concrete (HMAC) taxiway as follows: Base Bid I. PCC is classified as a rigid pavement. The existing taxiway is constructed using Asphalt (flexible pavement) that services smaller and lighter aircraft. The new hangar and parking apron are PCC to support the various aircraft types and heavy loads. The USGS has critical missions during all weather and storm events that may result in flooding and saturated soils. HMAC pavement is more subject to rutting and shoving failures with heavy loads during wet weather that result in soil saturation. Therefore, it is the recommended that PCC be awarded to support the mission the USGS during adverse weather or flooded conditions. Base Bid II. HMAC is classified as a flexible pavement that matches the existing taxiways. The use of the HMAC bid is primarily to increase contractor competition. HMAC Base Bid is not the recommended for award on this project. On February 1, 2017, the City received proposals from three (3) bidders. Two bidders were deemed responsive, and those two responsive bidders provided a total of (3) base bids. The bidders are as follows: Contractor Base Bid I Concrete Option Base Bid II Asphalt Option SpawGlass Civil Construction $2,203,523.71 No Bid Bay, Ltd $2,681,217.35 $2,244,146.55 Engineer's Estimate * $1,893,000 $1,887,000 * The accelerated schedule to meet the USGS timeline resulting in higher bids. The FAA and Staff recommend the award of Base Bid I Concrete option to match the new concrete parking apron and support the performance criteria for the USGS mission. The City's Design Engineer, Garver USA, evaluated the 3 bids and determined Spawglass was the lowest responsive and responsible bidder. ALTERNATIVES: 1. Authorize execution of the construction contract. (Recommended) 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Garver, LLC. was selected for this project under RFQ 2015-09. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2016-2017 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS CIP Budget 166,400 1,964,458.83 897,217.25 3,028,076.08 Encumbered / Expended Amount 166,400 166,400.00 This item 1,526,658.83 897,217.25 2,423,876.08 Future Anticipated Expenditures This Project 437,800.00 0.00 437,800.00 BALANCE 0.00 0.00 0.00 0.00 Fund(s): Airport Fund Reserves and FAA Grant NOTES: This project is being funded by: • City and FAA construction reserves from CCIA project Runway 13-31 Extension and Displacement and connecting taxiway, • Texas Military Preparedness Loan to support US Coast Guard assets, and • A future FAA Entitlement Grant It is anticipated the City will receive the future grant towards the end of this calendar year. To ensure the project will be completed in the unlikely event the grant is not received, CCIA unreserved fund balance will be used to support the completion of the project if required. RECOMMENDATION: City staff recommends that a construction contract be executed with Spawglass of Houston, Texas in the amount of $2,203,523.71 for the Base Bid I (Concrete Option). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Form 1295 PROJECT BUDGET ESTIMATE Rehabilitation of Taxiway Kilo Project No. E16451 FUNDS AVAILABLE: FAA Existing Funding 1,411,531 Military Prepardness Fund 356,000 Airport Fund Reserves 363,328 Future Entitlement Grant 897,217 TOTAL 3,028,076 FUNDS REQUIRED: Construction • 2,423,876 SpawGlass Civil Construction (This Item) 2,203,524 Contingencies (10%) 220,352 Construction Materials Inspection and Testing A/E Consultant - Garver, LLC. (Task Order from existing Contract) Construction Inspection 190,000 Construction Material Testing 33,550 Construction Administration 107,450 331,000 Design & Geotechnical Inspection Fees: A/E Consultant (Garver, LLC.) 166,400 Engineering Design 147,300 Engineering Survey 10,000 Geotechnical Testing 9,100 Reimbursements. 106,800 Administration/Finance (Capital Programs/Capital Budget/Finance) 45,000 Engineering Services (Project Mgt/Constr Mgt) 60,300 Misc. (Printing, Advertising, etc.) 1,500 TOTAL 3,028,076 ESTIMATED PROJECT BALANCE (0) E: 31.61 225C Nueces BaY et 1 441 Tierra Grande 665 n brJD Corpus Chril tio Texas Stale Aquariul. PROJECT LOCATION 1,44) Corpus Christi n International Airport 55A 6.55 2444 2292 EEEHE LOCATION MAP NOT TO SCALE Stapleat 286 cOrt j7 -ft 6-419 Projember: E16451 Corpus Christi International Airport Taxiway K Reconstruction CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT Corpus Christi International Airport Taxiway "K" (Kilo) Construction Corpus Chr sti Engineering Council Presentation February 21, 2017 Location Map Corpus Chrsti Engineering o � CCIA Taxiway K Reconstruction 0 0s� n et d Airport Grande R •® Ei u Chris 2 Project Scope �hrsti Engineering Activities include: • Extension and widening of approximately 1,000 linear feet of existing taxiway to allow access to the new U.S. Coast Guard Hangar at CCIA • Lighting, signage and drainage improvements to support the taxiway extension 3 Project Schedule Corpus chr "O Corpus 2016 2017 2018 Oct Nov Dec Jan Feb Mar Apr Design Bid / Award May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Construction Project Estimate: 355 Calendar Days 12 Months 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512.485.0009 FAX 512.485.0010 www.GarverUSA.com February 3, 2017 City of Corpus Christi Engineering Services Attn: Mr. Jeff Edmonds 1201 Leopard Street Corpus Christi, Texas 78401 Re: Corpus Christi International Airport Taxiway K Construction — Project No E16451 Recommendation of Award Dear Mr. Edmonds: Bids were received for the "Taxiway K Construction" project at City Hall at 2:00 p.m. (local time) on February 1, 2017. The bids have been checked for accuracy and for compliance with the contract documents. A tabulation of the bids received is enclosed with this letter. There were two Base Bids as part of this project — Base Bid I was a concrete option and Base Bid II was an asphalt option. A total of 3 bids were received. SpawGlass Civil Construction, Inc. submitted the low bid for the project in the amount of $2,203,523.71 for Base Bid I and did not submit a bid on Base Bid II. The contract documents did not require submitting both Base Bids. The Engineer's Opinion of Probable Cost was $1,893,000.00 for Base Bid I and $1,887,000.00 for Base Bid II. The bid submitted by Mahan Foundation & Contractors, LLC was deemed non-responsive by the City. We believe that the bid for Base Bid I, submitted by SpawGlass Civil Construction, Inc., represents a good value for the Corpus Christi International Airport. Contingent upon funding approved by the Federal Aviation Administration, we recommend that the construction contract for the "Taxiway K Construction" project be awarded to SpawGlass Civil Construction, LLC. Please call me if you have any questions. Sincerely, GARVER, LLC Jqh Craiford, P.E. P ject Manager Cc: Fred Segundo, Mario Tapia, Victor Gonzalez, Brian Bresler, Frank Mclllwain Attachments: Tabulation of Bids CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 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: 2017-164365 Date Filed: 02/09/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SpawGlass Civil Construction, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16451 CCIA Taxiway K Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary SpawGlass Employee Holding Co Selma, TX United States X Blalock, Robert Austin, TX United States X AI-Nahhas, Amer Katy, TX United States X Friedel, Robert Garden Ridge, TX United States X Stone, Joel Buda, TX United States X Hinson, Dan Pearland, TX United States X Raley, Fred San Antonio, TX United States X SG Enterprises, Inc. Selma, TX United States X SpawGlass Holding LP Selma, TX United States X Dralle, Laurie San Antonio, TX United States X • Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 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: 2017-164365 Date Filed: 02/09/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SpawGlass Civil Construction, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a. description of the services, goods, or other property to be provided under the contract. E16451 CCIA Taxiway K Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT i�Yp ROBIN , �_ Notary Commission ` JUNE F AFFIX NOTARY STAMP Sworn to and subscribed 20 I) , to certify Y FALKE Public, 5#atPrsfTexas Expires 7, 201$ / SEAL ABOVE before me, which, witness I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Lir Signature -Cr authorized agent of contracting business entity ((�� YY1�1 ck.;Q by the said Apt f 1r r. , this the 1.Q " day of my hand and seal of office. rp 0\61(1 -C4...\k kt144-CAY :-----attn.../jU Signature of o icer administerii g oath Printed name of oftic r administering oath Title of officer admini ering 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 February 21, 2017 Action Item for the City Council Meeting of February 28, 2017 DATE: February 21, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Dan Grimsbo, Interim Executive Director Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Lease -Purchase of One 2018 Freightliner M2-112 Service Truck CAPTION: Motion authorizing the City Manager, or designee, to lease -purchase one 2018 Freightliner M2-112 service truck from Houston Freightliner, of Houston, Texas, based on the cooperative purchasing agreement with Houston -Galveston Area Council for a total amount not to exceed $202,497.38, with an estimated expenditure of $20,199.72 in FY 2016-2017. PURPOSE: This item is to approve the lease -purchase of a 2018 Freightliner M2-112 service truck, with a crane for the Wastewater Collection System crew in the Utilities Department. BACKGROUND AND FINDINGS: Wastewater Collection System intends to add an additional crew to accomplish collection system tasks; hence the proposed addition of one crew truck. They will offer as a fleet compensatory reduction one 12 yard dump truck formerly used to haul wastewater sludge to the Cefe Landfill. It should be noted that Solid Waste does this hauling now. The truck to be retired has been in service for eleven years. Due to the nature of sludge hauling, the cab is heavily damaged by corrosion, the bed has numerous holes for the same reason and the tailgate will no longer seal properly. The truck is well beyond economical repair. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease -purchase of the 2018 Freightliner M2-112 service truck is based on a sixty month term with an estimated interest rate of 3.25% for an annual estimated payment of $40,399.44. The total estimated cost over the five-year period, including principal of $186,207.00 and interest of $15,790.38, is $201,997.38. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed $202,497.38. Total Lease -Purchase Price: Total Estimated Allowable Interest for Lease: Grand Total: $186,207.00 $16,290.38 $202,497.38 CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $131,940.91 $182,297.66 $314,238.57 Encumbered / Expended Amount $35,928.92 $0.00 $35,928.92 This item $20,199.72 $182,297.66 $202,497.38 BALANCE $75,812.27 $0.00 $75,812.27 Fund(s): Wastewater Comments: Delivery of the 2018 Freightliner M2-112 service truck is scheduled during FY2016-2017. The annual payment for this lease -purchase is $40,399.44 of which $20,199.72 is budgeted in FY2016-2017 by the Utilities Department for 6 months of payments. The remaining lease -purchase payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY UNIT PRICE SHEET FREIGHTLINER SERA H -GAC HT06-16 HOUSTON HOUS UNIT PRICE 1 2018 Freightliner Service Truck Service Body with Crane Purchase Cost: 1 EA $186,207.00 VICE TRUCK I FREIGHTLINER TON, TEXAS EXTENDED PRICE $186,207.00 $186,207.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2017 Action Item for the City Council Meeting of February 28, 2017 DATE: February 9, 2017 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 Mark Dunning Industries, Inc. CAPTION: Motion authorizing the City Manager or designee to execute an 11 -year contract with Mark Dunning Industries, Inc., 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, and ratifying the start date of the contract to be November 12, 2016. PURPOSE The agreement assures that the Mark Dunning Industries will dispose of 80% of waste collected from inside the City limits at the Cefe Valenzuela Landfill, with a minimum of 3,600 tons per year. Mark Dunning Industries will receive a 25% discount off of the published disposal fee. If the minimum of 3,600 tons is exceeded by 33% (1,188 tons), then an additional 15% discount will be applied on disposal fees for waste in excess of 4,788 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, Killian Calderon Disposal, 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 Mark Dunning Industries and the City of Corpus Christi will realize cost and efficiency benefits through the execution of this agreement. Mark Dunning, the President of Mark Dunning Industries, 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 $84,136 $961,560 $1,045,696 BALANCE $84,136 $961,560 $1,045,696 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: Contract Exhibit A — Site Operating Plan WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City") and Mark Dunning Industries, Inc. ("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 Patricio, 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 construction/demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Page 1 of 23 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 Cefe 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. Published disposal rate means the published tipping rate for commercial vehicles based on Page 4 of 23 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 gender means and include correlative words of feminine and neuter genders and words importing the Page 5 of 23 similar number means and include the plural number and vice versa. 1.3 Term. 1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect for a tern 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 3,600 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 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 hazardous, household waste, special waste. Page 7 of 23 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 3. 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- two percent (72%) of the published disposal rate. Page 8 of 23 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 unposed by City ordinances. 3.4 Discount for Increased Tonnage. If the Hauler increases the Hauler's volume by a minimum of an additional 3300 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. 4.4.3 The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. Page 9 of 23 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. 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 Page 10 of 23 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. 5.5 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. 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. Page 11 of 23 5.7.2 The City may at its discretion suspend front of line privileges under this agreement when waiting tunes to tip for other permitted haulers at the Landfill approach thirty (30) minutes. ARTICLE 6. ASSIGNMENTS 6.1 Assignment By Hauler. 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 allI/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 indentnify 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 denzands, 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 front 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 perfonnance 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 Maj eure. 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. Page 15 of 23 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. 10.2.3 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 Maj eure. 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 tenns 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 terminates. 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. Page 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) days 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 Page 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: Mark Dunning Industries, Inc. Attn: Bradley Dunning Page 19 of 23 City: P. O. Box 2046 Dothan, AL 36303 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: Mark Dunning Industries, Inc. Attn: Bradley Dunning P. O. Box 2046 Dothan, AL 36303 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. 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, perfonned, 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 perfonnance 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 tennination 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: MARK DUNNING INDUSTRIES, INC. Dunning Title: Qtics�e Date: STATE OF § COUNTY OF 1 c1/4� Q § This inst ent was acknowledged before me on, - cj , 2017, by Mark Dunning, N -NAQ,r�\_ (Title), on behalf of Mark Dunning Industries, Inc., an Alabama corporation. Notary Public State of `-,-\\Q Ca ei 1 ah . Lynn Silavent My commission expires November 20 2019 CITY OF CORPUS CHRISTI ATTEST: Margie Rose Rebecca Huerta City Manager City Secretary Date: Date: Approved as to legal form: Elizabeth Hundley Assistant City Attorney for Miles Risley, City Attorney Page 23 of 23 EXHIBIT B INSURANCE REQUIREMENTS I. 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. B. 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 on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent 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 ENVIRONMENTAL IMPAIRMENT, POLLUTION LIABILITY Including Cleanup $1,000,000 Per Claim/Occurrence WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $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 cancellation, non -renewal, material change or termination of coverage, Hauler shall provide a replacement Certificate of Insurance and applicable endorsements to 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 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 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: 2017-158151 Date Filed: 01/2512017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mark Dunning Industries, Inc Dothan, AL 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. 20170124 Hauler Agreement for use of Landfill 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Dunning, J. Mark Dothan, AL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or Marilynn Silavent My commission affirm, under penalty of perjury, that the above disclosure is true '' and correct. expires 'gnature of authorized agent-QL ontracf' siness entity November 20 2019 AFFIX NOTARY STAMP / SEAL ABOVE �—____ Sworn t nd subscribed before me, the said---5- by �� DL,.., n�,r- day G✓� ✓�� this the of 20 to certify which, witness my hand and seal of office. \\\**. w.._..„.5 )Printed Signature of o cer administering oath name of officer administering oath Title of officer adm" istering oath Farms provided by Texas Ethics Commission www. eth i cs. state.tx. us AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2016 Action Item for City Council Meeting February 28, 2016 DATE: 2/8/2017 TO: Margie C. Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as The Avanti Bayside to be developed by MDS Housing Lipes, Ltd. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2017 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The developer is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2017 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Avanti Bayside, once constructed, will be an Affordable Housing Development located near the southwest corner of Lipes Blvd. and Rivergate Dr., Corpus Christi, TX 78413. MDS Housing Lipes, Ltd., proposes the construction of approximately 96 apartments of which approximately 76 units would serve families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $300,000. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution —The Avanti Bayside Presentation Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as The Avanti Bayside to be developed by MDS Housing Lipes, Ltd. Whereas, MDS Housing Lipes, Ltd. (the "Applicant") has proposed a development project to construct approximately 96 apartments to provide affordable housing that is located near the southwest corner of Lipes Blvd. and Rivergate Dr., Corpus Christi, Texas 78413 and named The Avanti Bayside ("The Avanti Bayside Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2017 Housing Tax Credits for The Avanti Bayside Project; and Whereas, the City of Corpus Christi will provide its assistance under the HOME Program utilizing loan terms that meet the requirements of the TDHCA 2017 Qualified Allocation Plan, Section 11.9 (d)(1) in order to ensure the maximum possible score by the applicant under TDHCA's rules; Whereas, the Applicant has pre -applied for HOME funding for The Avanti Bayside in the amount of $300,000 from the City of Corpus Christi; and Whereas, the City of Corpus Christi intends to commit set aside HOME Funds from the City of Corpus Christi FY 2017 Consolidated Annual Action Plan ("CAAP") to support the Applicant's The Avanti Bayside Project contingent upon an award of Housing Tax Credits from the TDHCA to Applicant and subject to available funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed The Avanti Bayside Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for The Avanti Bayside Project. Funding from the City of Corpus Christi for this proposed project will be subject to award of Housing Tax Credits to Applicant and receipt of available HOME funds to be approved by U.S. Department of Housing and Urban Development through the City of Corpus Christi FY 2017 CAAP. PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Affordable Housing Resolutions Council Presentation February 21, 2017 Overview Region 10 — Urban • The Avanti Bayside • Oaklake on Rodd Field • Sea Gulf Villa • Village at Henderson At -Risk Set -Aside • Samuel Place Apartments The Avanti Bayside Developer — MDS Housing Lipes, Ltd. Units — 96 (new construction) Address — Southeast corner of Lipes Blvd. and Rivergate Dr. Corpus Christi, TX 78413 Population served — Multifamily Oaklake on Rodd Field Developer — NIFF Oaklake on Rodd Field, LP. Units —100 (new construction) Address — 3101 Rodd Field Rd., Corpus Christi, TX 78414 Population served — Multifamily Sea Gulf Villa Developer — Corpus Christi SGV, LP. Units —111 (substantial renovation) Address — 416 N. Chaparral St., Corpus Christi, TX 78401 Population served — Senior/Elderly Village at Henderson Developer — TG 110 Village at Henderson, LP. Units — 88 (new construction) Address — 5409 Lipes Blvd. Corpus Christi, TX 78413 Population served — Multifamily Samuel Place Apartments Developer—TG 110 Samuel Place, LP. Units — 60 (substantial renovation) Address — 4315 Carroll Ln. Corpus Christi, TX 78411 Population served — Multifamily Locations AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2016 Action Item for City Council Meeting February 28, 2016 DATE: 2/8/2017 TO: Margie C.Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Oaklake on Rodd Field to be developed by NIFF Oaklake Rodd Field, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2017 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The developer is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2017 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Oaklake on Rodd Field, once constructed, will be an Affordable Housing Development located at 3101 Rodd Field Rd., Corpus Christi, TX 78414. NIFF Oaklake on Rodd Field, LP proposes the construction of 100 apartments of which approximately 92 units would serve families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Oaklake on Rodd Field Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Oaklake on Rodd Field to be developed by NIFF Oaklake Rodd Field, LP. Whereas, NIFF Oaklake Rodd Field, LP. (the "Applicant") has proposed a development project to construct 100 apartments to provide affordable housing that is located at 3101 Rodd Field Rd., Corpus Christi, Texas 78414 and named Oaklake on Rodd Field ("Oaklake on Rodd Field Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2017 Housing Tax Credits for the Oaklake on Rodd Field Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed the Oaklake on Rodd Field Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Oaklake on Rodd Field Project. PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2016 Action Item for City Council Meeting February 28, 2016 DATE: 2/8/2017 TO: Margie C. Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Sea Gulf Villa Apartments to be developed by Corpus Christi SGV, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2017 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The developer is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2017 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Sea Gulf Villa Apartments, once substantially renovated, will be an Affordable Housing Development located at 416 N. Chaparral St., Corpus Christi, TX 78411. Corpus Christi SGV, LP proposes the substantial renovation of 111 apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Sea Gulf Villa Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Sea Gulf Villa Apartments to be developed by Corpus Christi SGV, LP. Whereas, Corpus Christi SGV, LP. (the "Applicant") has proposed a development project to substantially renovate 111 apartments to provide affordable housing that is located at 416 N. Chaparral St., Corpus Christi, Texas 78401 and named Sea Gulf Villa Apartments ("Sea Gulf Villa Apartments Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2017 Housing Tax Credits for the Sea Gulf Villa Apartments Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed the Sea Gulf Villa Apartments Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Sea Gulf Villa Apartments Project. PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2016 Action Item for City Council Meeting February 28, 2016 DATE: 2/8/2017 TO: Margie C. Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Village at Henderson to be developed by TG 110 Village at Henderson, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2017 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The developer is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2017 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Village at Henderson, once constructed, will be an Affordable Housing Development located at 5409 Lipes Blvd., Corpus Christi, TX 78413. TG 110 Village at Henderson, LP proposes the construction of approximately 88 apartments of which approximately 76 units would serve families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $300,000. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Village at Henderson Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Village at Henderson to be developed by TG 110 Village at Henderson, LP. Whereas, TG 110 Village at Henderson, LP. (the "Applicant") has proposed a development project to construct approximately 88 apartments to provide affordable housing that is located at 5409 Lipes Blvd., Corpus Christi, Texas 78413 and named Village at Henderson ("Village at Henderson Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2017 Housing Tax Credits for the Village at Henderson Project; and Whereas, the City of Corpus Christi will provide its assistance under the HOME Program utilizing loan terms that meet the requirements of the TDHCA 2017 Qualified Allocation Plan, Section 11.9 (d)(1) in order to ensure the maximum possible score by the applicant under TDHCA's rules; Whereas, the Applicant has pre -applied for HOME funding for the Village at Henderson Project in the amount of $300,000 from the City of Corpus Christi; and Whereas, the City of Corpus Christi intends to commit set aside HOME Funds from the City of Corpus Christi FY 2017 Consolidated Annual Action Plan ("CAAP") to support the Applicant's Village at Henderson Project contingent upon an award of Housing Tax Credits from the TDHCA to Applicant and subject to available funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Village at Henderson Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Village at Henderson Project. Funding from the City of Corpus Christi for this proposed project will be subject to award of Housing Tax Credits to Applicant and receipt of available HOME funds to be approved by U.S. Department of Housing and Urban Development through the City of Corpus Christi FY 2017 CAAP. PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2016 Action Item for City Council Meeting February 28, 2016 DATE: 2/8/2017 TO: Margie C. Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2017 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The developer is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2017 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Samuel Place Apartments, once substantially renovated, will be an Affordable Housing Development located at 4315 Carroll Ln., Corpus Christi, TX 78411. TG 110 Samuel Place, LP., proposes the substantial renovation of 60 apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $300,000. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Statewide At -Risk Set -Aside Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Samuel Place Apartments Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. Whereas, TG 110 Samuel Place, LP. (the "Applicant") has proposed a development project to substantially renovate 60 apartments to provide affordable housing that is located at 4315 Carroll Ln., Corpus Christi, Texas 78411 and named Samuel Place Apartments ("Samuel Place Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2017 Housing Tax Credits for the Samuel Place Apartment Project; and Whereas, the City of Corpus Christi will provide its assistance under the HOME Program utilizing loan terms that meet the requirements of the TDHCA 2017 Qualified Allocation Plan, Section 11.9 (d)(1) in order to ensure the maximum possible score by the applicant under TDHCA's rules; Whereas, the Applicant has pre -applied for HOME funding for the Samuel Place Apartment Project in the amount of $300,000 from the City of Corpus Christi; and Whereas, the City of Corpus Christi intends to commit set aside HOME Funds from the City of Corpus Christi FY 2017 Consolidated Annual Action Plan ("CAAP") to support the Applicant's Samuel Place Apartment Project contingent upon an award of Housing Tax Credits from the TDHCA to Applicant and subject to available funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Samuel Place Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Samuel Place Apartment Project. Funding from the City of Corpus Christi for this proposed project will be subject to award of Housing Tax Credits to Applicant and receipt of available HOME funds to be approved by U.S. Department of Housing and Urban Development through the City of Corpus Christi FY 2017 CAAP. PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of February 21, 2017 Action Item for the City Council Meeting of February 28, 2017 DATE: TO: February 3, 2016 Margie C. Rose, City Manager THRU: E. Jay Ellington, City Manager JayEll@cctexas.com 826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 826.3021 Resolution identifying a development in the City Central Corridor Community Revitalization Plan which will contribute to revitalization efforts CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. PURPOSE: The purpose of the Resolution is to identify the proposed development of Samuel Place Apartments as contributing most significantly to the concerted revitalization efforts of the City Central Corridor Plan. BACKGROUND AND FINDINGS: On February 25, 2014 the City Council passed a Resolution approving the City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North. In 2017, TG 110 Samuel Place, LP., is proposing a Housing Tax Credit Project for Samuel Place Apartments. Samuel Place Apartments is located within the boundaries of the City Central Corridor Community Revitalization Plan. Per the Texas Department of Housing and Community Affairs (TDHCA) 2017 Qualified Allocation Plan guidelines, the proposed development could earn a maximum of six (6) points if the proposed development is explicitly identified by the Governing Body as contributing most significantly to the concerted revitalization efforts. The Samuel Place Apartment development does contribute to the revitalization efforts of the plan. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required for the passing of the resolution. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council adopt the City Central Corridor Community Revitalization Plan. LIST OF SUPPORTING DOCUMENTS: Resolution City Central Corridor Community Revitalization Plan Central Corridor Map Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. Whereas, the City of Corpus Christi has considered the revitalization needs of the City Central Corridor (the "Designated Area") and approved a Community Revitalization Plan (the "Plan") for the Designated Area on February 25, 2014; and Whereas, in furtherance of the community revitalization activities noted in the Plan, TG 110 Samuel Place, LP and its affiliates (the "Applicant") propose to renovate an affordable housing development with up to 60 residential units (the "Affordable Housing") in the Designated Area, to be known as Samuel Place; and Whereas, the Applicant proposes to apply for financing for the Affordable Housing, including Low Income Housing Tax Credits ("Tax Credits") from the Texas Department of Housing and Community Affairs ("TDHCA") pursuant to TDHCA's 2017 Qualified Allocation Plan (the "QAP"); and Whereas, the City supports the development of the Affordable Housing because of its anticipated community revitalization impact for the Designated Area; and Whereas, the Affordable Housing is the only applicant for Tax Credits in the 2017 competitive round that the City wishes to identify as contributing most significantly to the City's revitalization efforts in the Designated area pursuant to Section 11.9(d)(7)(A)(ii)(II) of the QAP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the development of the Affordable Housing and has selected the Affordable Housing as the only proposed Tax Credit application for 2017 that contributes most significantly to the City's concerted revitalization efforts in the Designated Area. Section 2. This resolution shall become effective immediately upon its passage. PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smit Carolyn Vaughn City of Corpus Christi City Central Corridor COMMUNITY REVITALIZATION PLAN Proposed for Adoption February 25, 2014 City Central Corridor COMMUNITY REVITALIZATION PLAN INTRODUCTION The City of Corpus Christi is a beautiful bayfront community of over 312,000 population with the one of the largest ports in the nation. As the City grows, it becomes increasingly important to ensure that certain older areas are not left behind to become blighted and detrimental to our residents. Over the past ten years, the City has been investing in an area in and around the 78415 zip code generally known as the "Central City Corridor" and identified by the map on Exhibit A to this Plan. These investments have been intended to revitalize a deteriorating community. Despite a concentrated revitalization effort and a general understanding of the desired goals, a written plan for the Central City Corridor has never been formally adopted. Thus, the purpose of this Plan is to provide the opportunity for public input as to the City's efforts to date and additional efforts needed, and to provide a process for continued revitalization of the Central City Corridor. Sources for investment in the Central City Corridor started with Community Development Block Grant funds available to the City from HUD. Subsequently, as areas of need were identified, the City used bond financing approved by voters in 2008 and 2012 for various improvements. Other recent investments have been made from federal and state sources and the local school district for improvements and programming Additionally, as improvements have taken hold, the private sector has made increasing investments in the Plan area. DESCRIPTION OF AREA The Central City Corridor, called the "Revitalization Area" for purposes of this Plan, is described by map on Exhibit A to this Plan. It is bounded by Staples street on the east, Everhart Road to the south, Saratoga Blvd to the West, and Ayers Road to the north and encompasses 13.64 square miles or 9,369.6 acres. A majority of the population in the Revitalization Area is Hispanic (75%), with the remaining ethnic groups being 6% Caucasian, 4% African American and 14% other. Over 21% of the population in the Revitalization Area has income below the poverty level and 78% of the population is under the age of 20. CONSIDERATIONS IN IDENTIFYING THE AREA The Revitalization Area for this Plan has been identified based upon a desire to improve and/or revitalize the following factors: ❖ Infrastructure — Transportation and Drainage. Roads in the plan area are main arteries to the center of Corpus Christi. Streets such as Staples, Kostoryz, Ayers, Weber, Holly, Saratoga Gollihar and Everhart connect the Revitalization Area to interstates and to the central city. Many of these roads have been in disrepair for years and in need of rehabilitation and expansion. In addition, the Revitalization Area has experienced flooding Page 1 due to lack of satisfactory storm water systems associated with the main thoroughfares of Kostoryz and Staples. ❖ Blight. Many residential houses and businesses were not occupied and the area was deteriorating when this revitalization work was first started. Much of the housing is 30-50 years old and deferred maintenance has been noticeable. ❖ Public Protection. Crime rates in the 78415 zip code, which is part of the Revitalization Area, have traditionally been one of the highest in the City. Additional Fire Department resources are needed in the area. ❖ Schools. School attendance was declining and the schools were old and in need of renovation when this revitalization work first started. Access to quality schools was critical to revitalizing the area, particularly for those residing in the Central City Corridor. ❖ Business Development. Access to retail and employment centers is vital to improving the opportunities for those residing in the community. Focusing on business retention and expansion is critical. IMPROVEMENTS AND PROGRAMS ALREADY COMPLETED IN THE AREA The following improvements and programs have already been implemented to assist the Revitalization Area. While the City has been working to improve the Revitalization Area over the past ten years, the projects below have been implemented since March 1, 2010 and reflect more than $50 million of improvements. 1. Infrastructure — Transportation and Storm Water. Project: Kostoryz Road from South Padre Island Drive (SPID) to Saratoga Boulevard, shown as a light green line on the map on Exhibit A involves widening and rehabilitating roadways and utilities including storm water work. The improvements were completed 2010. Source of Funding: Corpus Christi CDBG 2. Blight. Since the revitalization work began, the City has noticed improvements to the neighborhood homes, and property values are increasing. The Bridges Mill Village subdivision, which was started during the City's revitalization effort, continues to construct new homes. 3. Public Protection. Project: The Early Intervention Division of the Texas Department of Family and Protective Services has identified the 78415 zip code as one of fifteen (15) zip codes in the State of Texas that has the highest incidence of juvenile violent crimes. The Community Youth Development Program is a state funded grant that was created to assist with crime Page 2 prevention, focusing on youth ages 6-17 with an emphasis on those ages 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $503,000 in Fiscal Year 2011. $320,000 in Fiscal Year 2012. $320,000 in Fiscal Year 2013. 4. Schools. Project: Gloria Hicks Elementary is a newly constructed 77,192 square foot facility, completed in September 2010 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $11,900,000 Project: Mary Helen Berlanga Elementary is a newly constructed 78,000 square foot facility, completed in December 2011 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $10,713,328 5. Business Development. Project: Sam's Club and Walmart. Within the last two years, these two retailers have constructed new facilities in the Revitalization Area, including additional small shop retail and paid space. See the location of this facility on the map attached as Exhibit A. Source of Funding: Private Funding Amount: In excess of $20,000,000 Project: Other business developments in the last two years have included a new HEB supermarket opening at Kostoryz and Gollihar, Crest Mart opening at Kostoryz and Holly, Corpus Christi City Employees Credit Union opening on Kostoryz near its intersection with Holly, and an Army Reserve Center opening just off Everhart Road in the Revitalization Area. See the location of these facilities on the map attached as Exhibit A. Source of Funding: Private Page 3 Funding Amount: In excess of $8,000,000 IMPROVEMENTS AND PROGRAMS PLANNED FOR THE AREA The following improvements and programs are underway or planned for the Revitalization Area. Over $15 million of improvements and programs are expected to be implemented in the next two years. 1. Transportation. Project: Ayers Street from Saratoga Boulevard to Holly Road, shown as a light orange line on the map on Exhibit A involves widening and rehabilitating roadways and improving storm water runoff. The improvements began November 14, 2011 and are nearly complete. Completion is expected in 2014. Source of Funding: State of Texas Funding Amount: $6,195,136 Subject: Kostoryz Road — 2008 bond funds will construct this street from Horne to Sunnybrook and Sunnybrook to SPID, designated as the dark orange line on the map on Exhibit A. 2012 bond funds Brawner Parkway to Staples Street designated as dark green line on the map on Exhibit A. This involves reconstruction and widening of Kostoryz Road to include a new center turning lane in areas ROW allows and four lanes of traffic. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings and street lights. The improvements have been underway since 2008. Source of Funding: Corpus Christi bond funds (2008 / 2012 issuance) Funded Amount: $14,800,000 Remaining Funding: $ 5,900,000 Project: Staples Road — 2012 bond funds will construct this street from Kostoryz to Weber, designated as a green line on the map on Exhibit A, and Weber to Everhart Road, designated as dark orange on Exhibit A. This involves reconstruction of five -lane roadway including two travel lanes on both sides and a continuous left turn lane. Additional improvements will include curb and gutter improvements, sidewalks, ADA curb ramps, lane stripingand pavement markings, and street lighting. The improvements have been underway since 2008. Source of Funding: Corpus Christi bond funds (2008 and 2012 issuance) Page 4 2. Public Protection. Project: A new 5,200 square foot fire station is being constructed at the intersection of Saratoga and Ayers with expected completion by 2016. See the location of this facility on the map attached as Exhibit A. Source of Funding: City's 2012 bond issuance. Funding Amount: $2,100,000. Project: The 78415 Community Youth Development Program is a state funded grant that was created to assist with crime prevention, focusing on youth ages 6-17 with an emphasis on those 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $387,000 in Fiscal Year 2014. Future Fiscal Year amounts to be determined, as the programming is anticipated to be ongoing. CONTINUED PLANNING FOR THE REVITALIZATION AREA The improvements and programs described in this Plan are examples of prior, current and planned activities designed to revitalize the Central City Corridor. However, the City's commitment to this Revitalization Plan does not end here. The City will continue to look for opportunities to establish programs or provide improvements that will continue to revitalize the area, uplifting residents of the neighborhoods and supporting area businesses to continue the cycle of improvement and avoid future deterioration. ANTICIPATED RESULTS The City believes the initiatives described in this Plan will stop and reverse existing deterioration in the neighborhoods of the Revitalization Area, improve the aesthetics of the area, provide additional infrastructure for accessibility and development, increase the tax base, support existing businesses, and recruit additional businesses, which will lead to more opportunity for those living and working in the Revitalization Area. Each initiative in the Revitalization Area, whether already implemented or planned for completion, supports a framework that will improve this neighborhood. By combining resources from the City, the State, and the private sector, the Revitalization Area will receive major economic infusion. Because many of these resources have already been spent or allocated, the City has no reason to believe that the Plan will not be fully implemented as intended. Page 5 APPROVAL For all these reasons, the City Council of the City of Corpus Christi hereby adopts the Central City Corridor Community Revitalization Plan, after receipt and consideration of public comment and deliberation at an open public meeting. Date of Adoption: February 25, 2014 Page 6 EXHIBIT A Revitalization Area (attached hereto) City of Corpus Christi City Central Corridor Revitalization Plan MAP NOTES 1. Ayers Street has / is being redone with state funding 2. Kostoryz between Holly Road and SPID was completed with CDBG funding in the last four years 3. Corpus Christi school system has added two schools in the area (Mary Helen Berlanga Elementary and Gloria Hicks Elementary) 4. John Paul High School reopened (Catholic High School) 5. Proposed new Fire Station at Ayers and Saratoga Blvd. financed with 2012 bonds. 6. New HEB at Golliharrd and Kostoryz 7. New Crest Mart at Holly Road and Kostoryz 8. 2008 Bond Improvement projects 9. 2012 Bond Improvement projects 10. Army military reserve center has opened up in this area at Everhart 11. Not used 12. Delmar opened a new college extension near Kostoryz and Staples Street intersection 13. City Employees Credit Union opened on Kostoryz near the intersection of Holly Road Page 7 Page 8 PAr8 uOilg6lAer nal )rity C. • Villarreal Dr 2 .rsul 4113. 1 111,4 eb `r ▪ 40 VI Cil "�` 1 O ¢ 1 E C7 Pres reens o S1 4. 1.1 King High Sch In John Pain II High School o , m 3 Cabaniss Field + Go gie 116 Map da -a = C' f Soo to Terr t4. if) of'Or 4 e Rd AGENDA MEMORANDUM for the City Council Meeting of February 21, 2017 DATE: February 16, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Affordable Cottage Housing STAFF PRESENTER(S): Name 1. Julio Dimas Title/Position Department Interim Director Development Services OUTSIDE PRESENTER(S): Andy Taubman BACKGROUND: Andy Taubman will present an affordable/infill housing presentation using manufactured homes. LIST OF SUPPORTING DOCUMENTS: Presentation —Affordable Infill Housing AndyTaubman 02/21/17 Corpus Christi Affordable Housing for Infill Lots y To create affordable housing, you must create affordable houses • Site -built homes are non -economic to build in neighborhoods with low housing prices • Developers target new homes starting at $175,000 and upscale apartments • Corpus Christi has many lots that remain undeveloped for decades • Market has repriced homes and apartments so affordability is an issue • Manufactured housing can deliver a 3 bed / 2 bath home for $75,000 • By making lot development economic, hundreds of homes will be built • I propose building two houses, at my own expense and without subsidy, to demonstrate the viability of this approach Andy Taubman 02/21/17 Manufactured Housing Issues • Safety — Windstorm — Flooding — Concrete foundation — Federal codes regulating every aspect of the homes — Factory inspection during construction — Currently allowed within Corpus Christi within certain areas • Aesthetics — Conventional construction materials — Framed and sided wall affixing home to foundation — Pier -and -beam construction consistent with most existing neighborhood housing stock — Landscaping and fences to improve sight lines • Neighborhood suitability — To be determined after demonstration project and with substantial stakeholder input Affordable4Infill@gmail.com as the clearinghouse for comments and objections AndyTaubman 02/21/17 Good Public Policy results - Leading edge public policy that unites issues of low-income housing, growth from reduced regulation, neighborhood revitalization, urban core renewal. - Does not favor developers, the politically connected, or the wealthy over regular neighborhood land owners. - Does not require coercive land acquisition methods such as condemnation. - Leverages and maximizes existing City infrastructure. - Improves tax base. • Not dependent on slow or limited government funding. • Creates many safe, clean, new, affordable houses. • Action versus talk. - Does not diminish or detract from other affordable housing initiatives. Give some code variances, get a lot in return 3