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HomeMy WebLinkAboutAgenda Packet City Council - 02/28/2017 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, February 28,2017 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 Mr. Chuck Goodwin, Fish for Life Minstries. C. Pledge of Allegiance to the Flag of the United States to be led by Madeleine Gonzalez, Tuloso - Midway High School Senior Class President and Cheer Captain. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 17-0301 Proclamation declaring March 1, 2017 "Southwest Airlines 40th Anniversary at Corpus Christi International Airport". Proclamation declaring March 5-11, 2017 "Women in Construction Week" Council Chambers. Proclamation declaring March 10th, 17th and 24th as "Fill-the-boot For The Muscular Dystrophy Association". Commendation recognizing the Arlington Heights Christian Boys High School Six-man Football Team as State Champions. Corpus Christi Page 1 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0291 Regular Meeting of February 21, 2017 Attachments: Minutes- February 21, 2017 H. BOARD &COMMITTEE APPOINTMENTS: 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 2/28/2017 City Council Meeting Agenda-Final February 28,2017 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 3 - 14) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 16-1249 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 4. 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 Corpus Christi Page 3 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 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 5. 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 Project Budget Location Map-Taxiway K Construction Presentation Taxiway K Letter of Recommendation -Taxiway Kilo Form 1295 6. 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 7. 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 4 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 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 8. 17-0187 Second Reading Ordinance - Rezoning property located at 7564 Brooke Road (1st Reading 2/21/17) 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. 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. 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 9. 17-0188 Second Reading Ordinance - Rezoning property located at 4343 Ocean Dr (1st Reading 2/21/17) 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. 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 Corpus Christi Page 5 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 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 10. 17-0189 Second Reading Ordinance - Rezoning property located at 4401 Ocean Dr (1st Reading 2/21/17) 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. 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 Corpus Christi Page 6 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 11. 17-0203 Second Reading Ordinance -Appropriating Funds for Repairs to the Violet Radio Transmission Tower (1st Reading 2/21/17) 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 12. 17-0204 Second Reading Ordinance -Accepting and Appropriating the High Intensity Drug Trafficking Area (HIDTA) Grant Award for the Police Department(1st Reading 2/21/17) 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 13. 17-0208 Second Reading Ordinance - Closing a Utility Easement Located at 5921 Saratoga Boulevard (1st Reading 2/21/17) (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 14. 17-0157 Second Reading Ordinance - Creating One-Way Traffic Flow Along Booty Street(Bond 2014, Proposition 1) (1 st Reading 2/21/17) (Council Priority - Streets) Corpus Christi Page 7 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 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 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 15 - 17) 15. 17-0219 Public Hearing and First Reading Ordinance - Rezoning property located at 7306 and 7242 South Padre Island Drive (Highway 358). Case No. 0117-07 Oceanic Development, LTD: A change of zoning from the "RM-1" Multi-family 1 District to the "CG-2" General Commercial District. The property is described as being a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2, located on the north side of South Padre Island Drive (State Highway 358) between Rodd Field Road and Lexington Road. Planning Commission and Staff Recommendation (January 25, 2017): Approval of the change of zoning from the "RM-1" Multi-family 1 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Oceanic Development, LTD. ("Owner"), by changing the UDC Zoning Map in reference to a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2; from the "RM-1" Multi-family 1 Residential District to the "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0117-07 Oceanic Development Corpus Christi Page 8 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 Ordinance 0117-07 Oceanic Development Zoning Report-0117-07 Oceanic Development Aerial Maps-0117-07 Oceanic Development LTD 16. 17-0236 Public Hearing and First Reading Ordinance - Rezoning property located at 3115 South Padre Island Drive (SPID) (State Highway 358) Case No. 0117-06 Port City Pontiac-GMC, Inc.: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Boulevard Acres Lots E2, G, and F2, located on the south side of South Padre Island Drive (State Highway 358) between Larcade Drive and Kostoryz Road. Planning Commission and Staff Recommendation (January 25. 2017): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG-2" General Commercial District with a Special Permit (SP) with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Port City Pontiac-GMC, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 5.46 acre tract of land composed of three lots in Boulevard Acres Lots E2, G, and F2 from the "CG-2" General Commercial to the "CG-2/SP" General Commercial District with a Special Permit for all three lots; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0117-06 Port City Pontiac-GMC, Inc. Ordinance 0117-06 Special Permit Port City Pontiac-GMC, Inc. with Exhibit Zoning Report 0117-06 Port City Pontiac-GMC, Inc. with Exhibit Aerial Maps 0117-06 Port City Pontiac-GMC, Inc. 17. 17-0262 Public Hearing and First Reading Ordinance - Urban Transportation Plan Amendment - Realigning a Planned C1 Collector Street System Involving Norchester Drive, Zenith Drive, Evans Road and Acushnet Drive (Council Priority -Streets) Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by realigning a proposed C1 Minor Residential Collector street system proposed south of Saratoga Boulevard from intersecting at Norchester Drive to intersecting at Zenith Drive and connecting with Evans Road to the south and Acushnet Drive to the east; amending Corpus Christi Page 9 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo Norchester UTP Amdmt Ordinance UTP Norchester Dr 2-10-2017 Presentation - UTP AMENDMENT NORCHESTER DR 2-10-17 N. REGULAR AGENDA: (ITEMS 18 - 24) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 18. 17-0282 Second Reading Ordinance - Calling a Special Election to be held on May 6, 2017 for the Election of Mayor(1st Reading 2/21/17) 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 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 19. 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 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 Revised Presentation - MGT Cost Allocation and Fee Study v2 20. 17-0246 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Corpus Christi Page 10 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 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 Housing Tax Credits Developers Information- Informal Staff Report 21. 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 22. 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 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 23. 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 Corpus Christi Page 11 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 24. 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 O. FIRST READING ORDINANCES: (ITEM 25) 25. 17-0311 First Reading Ordinance - To Remove Previously Annexed Areas in Southside FM 2444 Ordinance disannexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the previously proposed Apex wind farm from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. Attachments: Agenda Memo- Dissannexation Ordinance.docx Ordinance - Disannexation 2017.pdf Location Map-Southside FM 2444 Disannexation.pdf P. FUTURE AGENDA ITEMS: (ITEMS 26 - 30) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 26. 17-0264 Resolution submitting a grant application to the State for the Justice Assistance Grant (JAG) Program Resolution authorizing the submission of a grant application in the amount of$288,116 to the State of Texas, Criminal Justice Division, for funding eligible under the FY2016 Justice Assistance Grant (JAG) program for law enforcement equipment; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo JAG application 02.28.2017 Corpus Christi Page 12 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 Resolution -JAG GRANT 2017 27. 17-0285 Resolution Approving Street Selection Process for Residential Street Rebuild Program (RSRP) (Council Priority - Streets) Resolution approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP). Attachments: Agenda Memo-Approve Process.docx Resolution -RSRP Guiding Principles v.3.docx Presentation - Bond 2016 Residential Project REV.pptx 28. 17-0207 Construction Contract for Ennis Joslin Road Extension (Holly to Williams) (Bond 2014 Proposition 2) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of$4,683,389.20 for Ennis Joslin Road Extension (Holly to Williams) for the total base bid. (BOND 2014 Proposition 2) Attachments: Agenda Memo Ennis Joslin Extension Prosect Budget Ennis Joslin Location Map Ennis Joslin Extension Presentation - Ennis Joslin Form 1295 Haas Anderson Letter of Recommendation Ennis Joslin ELR CCARS memo 29. 17-0242 Supply Agreement for Sludge Dewatering Polymer for Wastewater Plants Motion authorizing City Manager, or designee, to execute a supply agreement with Polydyne, Inc., of Riceboro, Georgia for the purchase of Sludge Dewatering Polymer ("chemical") in response to Request for Bid No. 991 based on the lowest, responsive, responsible bid for a total amount not to exceed $96,946.20, with an estimated expenditure of $48,473.10 in FY2016-2017 and funded by the Wastewater Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Sludge Dewatering Polymer Bid Tabulation -Sludge Dewatering Polymer.pdf Supply Agreement-Sludge Dewatering Polymer 1295 Form.pdf Corpus Christi Page 13 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 30. 17-0310 Resolution Authorizing a Disannexation Agreement to Restrict Wind Turbines within the Disannexed Area Resolution authorizing the City Manager or designee to execute a disannexation agreement with Chapman Ranch Wind I, LLC, a Delaware limited liability company, for annexed parts of Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41. Attachments: Agenda Memo- Resolution Dissannexation Agreement.docx Resolution -Disannexation Agreement.pdf Q. BRIEFINGS: (ITEMS 31 -32) 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. 31. 17-0218 Regional Parkway Planning & Environmental Linkages Study (Council Priority -Streets) Attachments: Agenda Memo- Regional Parkway Presentation- Regional Parkway 32. 17-0303 Discussion -Car Ports Attachments: Agenda Memo-Carports Presentation-Carports- Discussion.pptx R. 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. S. EXECUTIVE SESSION: (ITEMS 33 -36) 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. 33. 17-0305 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys regarding legal issues related to City Council procedures and laws and regulations related to the aforementioned provisions. Corpus Christi Page 14 Printed on 2/28/2017 City Council Meeting Agenda-Final February 28,2017 34. 17-0306 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the regulation of weapons and pursuant to Texas Government Code § 551.076 to discuss the deployment or specific occasions for implementation of security personnel or devices. 35. 17-0307 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 36. 17-0313 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 businesses that are considering the construction, expansion, maintenance, and/or ownership of industrial facilities that will be consumers of water and wastewater services, reuse, desalination, utility rate design, and water and wastewater treatment and distribution 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). T. ADJOURNMENT Corpus Christi Page 15 Printed on 2/28/2017 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes 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. A. Mayor Pro Tem Carolyn Vaughn to call the meeting to order. Mayor Pro Tem Vaughn called the meeting to order at 11:32 a.m. B. Invocation to be given by Reverend Gloria Lear, First United Methodist Chruch. Reverend Gloria Lear gave the invocation. 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. Mr. Ivan Alvarez 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. Corpus Christi Page 1 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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 E. Proclamations /Commendations 1. 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. Mayor Pro Tem Vaughn presented the proclamation; a Certificate of Commendation and conducted the swearing-in ceremony for the newly appointed board, commission and committee members. The Arts and Cultural Commission recognized the 2017 Arts Grant Recipients with a check presentation. 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 called for comments from the public. Margareta Fratila, 3606 Tripoli,spoke regarding the removal of the civil penalty for red light cameras. Cheryl Martinez, 3938 Surfside,spoke regarding comments related to Animal Control and euthanization and the need to increase the budget to make Corpus Christi a no-kill city. Rosalie Beaty, 5130 Graford,spoke regarding Agenda Item 20, service agreement to manage and operate the Al Kruse Tennis Center and the investigation regarding the qualifications of Ronald Elizondo. Trian Serbu, 14310 Playa del Rey, spoke regarding ethics and requested that Council Member McComb remove himself as a candidate for the vacant Mayor position. Chris Phelan, 3806 Kingston, spoke regarding immigration laws that could effect Corpus Christi. Gloria Randall Scott,4422 S. Alameda,spoke regarding the following topics:Agenda Item 20, service agreement to manage and operate the Al Kruse Tennis Center and an investigation into TOPS Tennis LLC maintenance of tennis programs in low-income areas; and Agenda Item 22, creating one-way traffic flow along Booty Street and the traffic impact and parking access. Christine Cone, 117 Seaview; Gabriela Hilpold, 13701 Three Fathoms; Steven Moore, 1371 Eagles Nest; and Susan Torrance, 3205 Corpus Christi Page 2 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 Kennsington Court,spoke regarding Agenda Item 20,service agreement to manage and operate the Al Kruse Tennis Center related to the economic impact of tennis centers and how Al Kruse Tennis Center is affected if not kept up or promoted properly. Carrie Robertson Meyer,4401 Gulfbreeze,spoke regarding hotel occupancy tax(HOT)funds allocated for North Beach and the creation of a formal committee appointed by the City Council for North Beach. Joe Benavides, 410 Atlantic Street and President of the Children's Advocacy Center of the Coastal Bend,thanked Council Members Molina and Guajardo and City Manager Rose for helping to resolve a water issue at the center located at McClendon and Alameda Streets. Susie Luna Saldana, 4710 Hakel and Abel Alonzo, 1701 Thames,spoke regarding the Rules of Decorum for the City Council Chamber related to verbally attacking individual council members during City Council meetings. Johnny French,4417 Carlton,spoke regarding the funding approved by the Tax Reinvestment Zone#2 Board for Park Road 22 Bridge and the six pack amenities, and voter approval to fund the bridge project. Rick Milby,4412 Highridge Drive,spoke regarding Item 23, ordering the Special Election on May 6,2017;future creation of an Election Commission and qualifications for mayoral candidates. Matt Stevens, 4226 Dody,spoke regarding Agenda Item 20,service agreement to manage and operate the Al Kruse Tennis Center and in support of Ronald Elizondo being awarded the contract. Linda Salomon, 1429 Ormond,spoke regarding a glass recycling event and the Al Kruse Tennis Center. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Vaughn referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) The final week of amnesty before the Texas Warrant Roundup ends Friday, February 24,2017. Citizens are urged to go to Municipal Court, located at 120 N. Chaparral Street between 8:00 a.m. and 6:30 p.m. today through Friday. Payment plans and community service hours are available for those who qualify.2)The next"Conversations with the City Manager"is scheduled for Wednesday, February 22,2017 at 5:30 p.m. at the Dr. Clotilde P. Garcia Public Library located at 5930 Brockhampton Street. G. MINUTES: 2. Regular Meeting of February 14, 2017 Mayor Pro Tem Vaughn referred to approval of the minutes. Council Member Rubio made a motion to approve the minutes,seconded by Council Member Hunter and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Citizens Advisory Health Board Commission on Children and Youth Mayor Pro Tem Vaughn referred to board and committee appointments. The following appointments were made: Corpus Christi Page 3 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 Commission on Children and Youth Council Member Guajardo made a motion to appoint Michelle A. Putman (Nueces County District Attorney's Office Rep.),seconded by Council Member Rubio and passed unanimously. Council Member Rubio nominated Irene Martinez(At-Large). Council Member Garza nominated Odelia Soto (At-Large). Council Member Smith nominated JoAnne Estrada. JoAnn Estrada(At-Large)was appointed with Council Members Smith, Vaughn, Rubio, McComb, Molina, and Hunter voting for JoAnn Estrada and Council Members Garza and Guajardo voting for Odelia Soto. Irene Martinez(At-Large)was appointed with Council Members Hunter, Rubio, Vaughn, McComb, and Smith voting for Irene Martinez and Council Members Molina, Guajardo, and Garza voting for Odelia Soto. Citizens Advisory Health Board Council Member Garza made a motion to appoint Aislynn E. Campbell (Joint), seconded by Council Member Rubio and passed unanimously. Council Member Garza nominated Patrick A.Ayarzagoitia. Council Member Rubio nominated Ashley Lucio. Council Member Guajardo nominated Victor M. Mendoza. Victor Mendoza was appointed with Council Members Hunter, Molina, McComb, Guajardo, and Smith voting for Victor Mendoza; Council Member Garza voting for Patrick A.Ayarzagoitia; and Council Members Rubio and Vaughn voting for Ashley Lucio. Patrick A.Ayarzagoitia was appointed with Council Members Garza, Smith, McComb, Molina, and Hunter voting for Patrick A.Ayarzagoitia and Council Members Guajardo, Vaughn, and Rubio voting for Ashley Lucio. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 12) Approval of the Consent Agenda Mayor Pro Tem Vaughn referred to the Consent Agenda. There were no comments from the public. Council members requested that Items 4, 5, 8, and 9 be pulled for individual consideration. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Guajardo. The consent agenda items were passed and approved by one vote as follows: Corpus Christi Page 4 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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 6. 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. This Motion was passed. Enactment No: M2017-028 7. 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. This Motion was passed. Enactment No: M2017-029 10. Establish Submission Deadline for Board, Commission & Committee Applications Resolution amending City Council Policies for applications for Board, Commission, and Committee Appointments. This Resolution was passed. Enactment No: 031069 11. Second Reading Ordinance - Rezoning property located at 16013 Northwest Boulevard (1st Reading 2/14/17) Case No. 0117-05 George Tintera and Ping Jung Tintera: A change of Corpus Christi Page 5 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. Planninq 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. This Ordinance was passed on second reading. Enactment No: 031070 12. 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. Planning 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. Corpus Christi Page 6 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 This Ordinance was passed on second reading. Enactment No: 031071 4. 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). Mayor Pro Tem Vaughn referred to Item 4, execution of a contract for engineering design services for Community Park Development and Improvements -West Guth Park. Interim Director of Parks and Recreation Stacie Talbert Anaya, Director of Engineering Services Jeff Edmonds and council members discussed the following topics:the pool being a separate contract;the costs associated with designing the project; changes to the park structure;the feasibility of using students to develop the design of projects with in-house supervision;engineering costs; other ways to be more cost effective; and lack of staffing, staff augmentation, and the status on hiring for the Engineering Services Department. MOTION OF DIRECTION Council Member Rubio made a motion directing the City Manager to look at the feasibility of using students or interns to design future projects,seconded by Mayor Pro Tem Vaughn and passed unanimously. Mayor Pro Tem Vaughn called for comments from the public. Gloria Scott, 4422 S. Alameda,spoke in support of using students to help reduce costs of projects. Council Member Molina made a motion to approve the motion,seconded by Council Member Smith. This Motion was passed 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: M2017-026 5. 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 amount of$10,601,341.44 for Gollihar Road from Staples Street to Corpus Christi Page 7 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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). Mayor Pro Tem Vaughn referred to Item 5,execution of a construction contract and construction materials agreements for Gollihar Road from Staples to Weber Project. Director of Engineering Services Jeff Edmonds and council members discussed the following topics:the scope of work; the addition of an in-road bike lane and cost;the other portion of Gollihar Road already awarded with the bike lane;the construction schedule timeframe; previous council direction to include bicycle paths in street projects for bicycle connectivity throughout the City;the cost of bike lanes per one and one-half miles and specifications; and the master plan for bicycle connectivity presented by the Metropolitan Planning Organization (MPO). Mayor Pro Tem Vaughn called for comments from the public. Abel Alonzo, 1701 Thames,spoke regarding the alternative mobility plan for bicycle lanes to encourage healthy lifestyles and improve the environment. Miguel Saldana, 4553 Moonlake Ridge,spoke regarding the MPO's Bike Lane plan and the public involvement in the development of the plan. Linda Salomon, 1429 Ormond,spoke regarding the location of the project and the cost for bicycle lanes. Council Member Garza made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed 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: M2017-027 8. Lease-Purchase of a Valve Maintenance Trailer for Water 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 Mayor Pro Tem Vaughn referred to Item 8, lease-purchase of vehicles. Director Corpus Christi Page 8 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 of Fleet Maintenance Jim Davis and council members discussed the following topics on Items 8 and 9:the reason for lease-purchasing vehicles rather than purchasing and the significant benefits; lease-purchases not being reflected in the overall debt of the City; a breakdown of the total amount of City debt to be discussed during the budget process; lease-purchasing committed into future budgets;the current cash balance and yield; and the auctioning of the replaced vehicles. There were no comments from the public. Council Member Hunter made a motion to approve Item 8,seconded by Council Member Garza. This Resolution was passed 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: 031068 9. 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 Mayor Pro Tem Vaughn referred to Item 9. Questions regarding this item were addressed during the discussion on Item 8. There were no comments from the Council or the public. Council Member McComb made a motion to approve the motion,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2017-030 L. RECESS FOR LUNCH Corpus Christi Page 9 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 Mayor Pro Tem Vaughn called for a brief recess at 1:45 p.m. Mayor Pro Tem Vaughn reconvened the Council meeting at 2:16 p.m. M. REGULAR AGENDA: (ITEM 16) 16. 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. Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 16. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a Revocable Easement and Temporary Construction Easement to DCP Sand Hills. There were no comments from the public. A council member asked questions regarding the funding appropriated in the Police CIP fund and when the project could begin. Council Member Smith 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: 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: 031072 L. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. 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. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RS-4.5" Single Family Corpus Christi Page 10 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 13. 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 37 townhomes with a proposed density of 6.35 units per acre, less than the 9.68 unit density permitted in the current zoning. Mr. Dimas stated that the Planning Commission and staff were 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 Hunter. 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 14. 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 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"), Corpus Christi Page 11 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. Mayor Pro Tem Vaughn referred to Item 14. Interim Director of Development Services Julio Dimas stated that Items 14 and 15 are related and the purpose of the items are to rezone the subject properties to allow for the expansion of Seaside Cemetery by construction of an event center,two chapels, and administrative offices. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning changes. Mayor Pro Tem Vaughn opened the public hearing on Items 14 and 15. There were no comments from the public. Mayor Pro Tem Vaughn closed the public hearing. In response to a council member, Mr. Dimas confirmed that the recommendation is contingent upon the applicant not placing any burial plots on the property abutting Ocean Drive. Council Member Smith made a motion to approve Item 14,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 15. 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. 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 3.09-acre tract of land out , Seaside Subdivision, Block 2, Lots 1 and 2, from the Corpus Christi Page 12 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 "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. Mayor Pro Tem Vaughn referred to Item 15. This item was discussed during the discussion on Item 14. Council Member Garza made a motion to approve Item 15,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 M. REGULAR AGENDA: (ITEM 17) 17. 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. Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 17. City Secretary Rebecca Huerta stated that the purpose of this item is to appoint the Municipal Court Judges. The item passed on first reading after executive session on February 14, 2017. Chairperson of the Muncipal Court Committee Lucy Rubio spoke regarding the meetings of the Municipal Court Committee and acknowledged the hard work of committee members Rudy Garza, Paulette Guajardo and Ben Molina. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. 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 Corpus Christi Page 13 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 Abstained: 0 Enactment No: 031073 N. FIRST READING ORDINANCES: (ITEMS 18 -22) 20. First Reading Ordinance - Service Agreement to Manage and Operate the Al Kruse Tennis Center (Tabled 2/14/17) (Tabled 2/21/17) 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 deviated from the agenda and referred to Item 20, service agreement to manage and operate the Al Kruse Tennis Center. City Manager Margie C. Rose requested that this item be tabled until March 21, 2017 to allow her additional time to get the answers to questions raised regarding this item. Council members discussed the following topics:the reasons for not moving forward on this item; the possibility of council discussing in executive session;the legal aspects of the issue that would warrant an executive session discussion; and respecting the City Manager's request for additional time for review before presenting to the City Council for action. Council Member Garza made a motion to table this item to the March 21,2017 Council meeting,seconded by Council Member Rubio. This Motion to table to a specified date was approved with the following vote: Aye: 5- Council Member Garza, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Vaughn Nay: 3- Council Member Guajardo, Council Member Hunter and Council Member Smith Abstained: 0 18. 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. Mayor Pro Tem Vaughn deviated from the agenda and referred to item 18. Corpus Christi Page 14 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 Police Chief Mike Markle stated that the purpose of this item is to appropriate $12,075.64 from the Radio System Capital Replacement Reserve Fund to pay for repairs to the Violet radio transmission tower. There were no comments from the Council or the public. Council Member Smith 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 19. 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. Mayor Pro Tem Vaughn referred to Item 19. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate 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 four police officers, and four lease vehicles. There were no comments from the Council or the public. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- 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 21. 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 Corpus Christi Page 15 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. Mayor Pro Tem Vaughn referred to Item 21. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate an existing utility easement located at 5921 Saratoga Boulevard to allow for PlainsCapital Bank to replace the existing building with a new building layout and provide more direct and efficient utility routing. There were no comments from the Council or the public. 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: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Vaughn Nay: 1 - Council Member Smith Abstained: 0 22. 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. Mayor Pro Tem Vaughn referred to Item 22. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinances, One Way Streets by changing the two-way traffic pattern on Booty Street between Fifth Street and Santa Fe to one-way. Ms. Gray provided a project vicinity map; location map; an existing site plan; the proposed site plan; and project scope. There were no comments from the public. Council members and staff discussed the following topics: closing Booty Street at Fifth Street; the proposed plan allowing for parking; meetings with stakeholders;the benefit of the plan to businesses in the area; and approval by the Transportation Advisory Committee. Council Member Molina 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 Corpus Christi Page 16 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 P. BRIEFINGS: (ITEM 36) 36. Affordable Cottage Housing (Council Priority - Economic Development) Mayor Pro Tem Vaughn deviated from the agenda and referred to item 36. Interim Director of Development Services Julio Dimas introduced Andy Taubman,who would be leading the presentation. Mr. Taubman stated that the purpose of this item is to present an affordable, infill housing proposal using manufactured homes. Mr. Taubman is proposing to build two homes, at his own expense and without subsidy, to demonstrate the viability of this approach. Mr. Taubman expressed the need for affordable housing in Corpus Christi and stated that his proposal can deliver manufactured 3 bedroom/2 bath homes for$75,000. Mr. Taubman provided information on the safety, aesthetics, and neighborhood suitability aspects associated with manufactured housing and good public policy results. Council members spoke regarding the following topics:the location of the properties in the Flour Bluff area;steps that need to occur to make this proposal happen;the rezoning process;the difference between manufactured and site built homes; revitalization of entire neighborhoods;the housing methodology for truly affordable housing; creation of a Planned Unit Development(PUD); the type of foundation used with this proposal;the process for determining locations and criteria;the number of vacant lots in the City; areas that are currently zoned for this type of development;suggestion to waive development fees on these demonstration projects; and use of City-owned property and incentive programs. MOTION OF DIRECTION Council Member Guajardo made a motion directing the City Manager and staff to work with Andy Taubman to evaluate manufactured housing as a method of affordable housing creation, including determination of the scope, definition, and granting of zoning variances necessary to construct two demonstration homes.A presentation should be prepared and presented to the City Council by March 21,2017;seconded by Council Member Rubio and passed unanimously. N. FIRST READING ORDINANCES: (ITEM 23) 23. 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. Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 23. City Corpus Christi Page 17 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 Secretary Rebecca Huerta stated that the purpose of this item is to call the Special Election for May 6,2017 and update the City Council on developments related to the election. On February 14,2017,the City Council was informed that the estimated election costs were approximately$150,000. The City Secretary's Office received a new estimate in the amount of$130,000 on February 15,2017 by the Nueces County Clerk. The City would be entering into a Joint Election Agreement and sharing polling places with the City of Driscoll, City of Bishop, Bishop Independent School District and Emergency Service District No. 3. The City's cost for the election are approximately$90,000 for an estimated total cost of$220,000. City Secretary Huerta provided a breakdown of the estimated election costs and funding;the joint election services agreement; and the early voting schedule. City Secretary Huerta explained that City Hall will be a polling place on election day because the Nueces County Courthouse is the central counting station. City Secretary Huerta stated that staff is currently working on the following: confirming polling places; election workers; confirming the early voting ballot board; coordinating with the Police Dpepartment and Traffic Engineering on a plan for handling drop off of equipment and traffic delays on election day; and coordinating with the Public Information Office on a communication plan. The goal is to call the election on February 28,2017 and bring back an amended ordinance on March 21,2017 to include an ordinance with the exhibits for the early voting locations, polling places, early voting ballot board and election judges and alternate judges. Mayor Pro Tem Vaughn called for comments from the public. Laura Ballew, 10730 Atlanta,spoke regarding the following:the language in the City Charter; qualifying candidate for elections; the cost of the election;the qualification for Mark Scott for running for Mayor; and term limits. Council members and staff spoke regarding the following topics: the qualifications for a candidate runnning for an elected position;the vetting process;whether additional qualifications can be added; filing applications not making reference to education; requiring applicants that file for office not owe property taxes or any other fines; requirements contained in the City Charter; and the need to begin a Charter Commission to review loopholes and other Council priorities. 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 O. FUTURE AGENDA ITEMS: (ITEMS 24 - 35) Mayor Pro Tem Vaughn referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Item 30-35.A council member requested information on Item 26. 24. Engineering Contract Amendment No. 2 for On-Call Technical Services Related to Water Supply Planning (Council Priority - Water) Corpus Christi Page 18 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. This Motion was recommended to the consent agenda. 25. 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. This Motion was recommended to the consent agenda. 26. 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 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. This Motion was recommended to the regular agenda. 27. 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). This Motion was recommended to the consent agenda. 28. Lease-Purchase of One 2018 Freightliner M2-112 Service Truck for the Wastewater Department Corpus Christi Page 19 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. This Motion was recommended to the consent agenda. 29. 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. This Motion was recommended to the consent agenda. 30. 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. This Resolution was recommended to the regular agenda. 31. 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. This Resolution was recommended to the regular agenda. 32. 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) Corpus Christi Page 20 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. This Resolution was recommended to the regular agenda. 33. 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 Village at Henderson to be developed by TG 110 Village at Henderson, LP. This Resolution was recommended to the regular agenda. 34. 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. This Resolution was recommended to the regular agenda. 35. 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. This Resolution was recommended to the regular agenda. Q. LEGISLATIVE UPDATE: Mayor Pro Tem Vaughn referred to the Legislative Update. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to provide an update on the 85th Regular Texas Legislative Session. Mr. Tagliabue presented information on the priority bills that Intergovernmental Relations is currently tracking which address the City Council's legislative priorities. Mr. Tagliabue briefed the City Council on two specific bills: Senate Corpus Christi Page 21 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 Bill (SB)4, related to Sanctuary Cities, and House Bill (HB) 100, related to Transportation Network Companies. In response to council members, Mr. Tagliabue recommended supporting an amendment to the engrossed version of SB 4 to reduce the liability to local governments and to clarify what the City would enforce if a bill were to pass, that being, Class B misdemeanors or higher, and requiring written orders from the federal authorities as opposed to verbal. Regarding the transportation network companies, City Manager Margie C. Rose recommended that the City receive a percentage of the transportation network company revenues from the state. Mr. Tagliabue said there is a strong indication that HB 100 is going to pass and recommended that City Council testify regarding revenues and background checks. R. EXECUTIVE SESSION: (ITEMS 37 - 39) Mayor Pro Tem Vaughn referred to the day's executive sessions. The Council went into executive session at 5:02 p.m. The Council returned from executive session at 6:46 p.m. 37. 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. Mayor Pro Tem Vaughn referred to Item 37 and the following motion was considered: Motion authorizing the City Manager to execute a professional services agreement and other necessary documents to obtain database management and storage services, including professional attorney services therein,from Advanced Discovery, Inc. and related entities for the case of Graham Construction Services, Inc.v. City of Corpus Christi, in an amount of$284,737. Council Member Smith made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Guajardo Abstained: 0 Enactment No: M2017-031 38. 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 Corpus Christi Page 22 Printed on 2/24/2017 City Council Meeting Minutes February 21,2017 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. This E-Session Item was discussed in executive session. 39. 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. Mayor Pro Tem Vaughn referred to Item 39 and the following motion was considered: Motion to provide for an increase in base salary for City Secretary Rebecca Huerta by 2.5%, effective the beginning of the next pay period. Council Member Rubio made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Guajardo Abstained: 0 Enactment No: M2017-032 S. ADJOURNMENT The meeting was adjourned at 6:48 p.m. Corpus Christi Page 23 Printed on 2/24/2017 SC o� Va. AGENDA MEMORANDUM N0ORPOBPIEFuture Item for the City Council Meeting of February 21, 2017 1852 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 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 Project to Date Fiscal Year Current Future 2016-2017 Budget & Year Years TOTALS Expenditures 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: WaterOperating.............................................................................................. $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 CSF 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 11 —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 BYANYONE 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). 4 2 This servir-e shall be fer a peri d ef ar-tive Date. The AgFeeMeRt may be appFE)Ved nhaRgeS 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 AQTIGLE V Diniinnic n� rncT NOT APPLICABLE rnnc+n 1n+inn of the Drnion+ 0 , GF ever the 0 , GGRsHItaRt0 basis ef 00 PFGfe6GiGRaI familiar with the GC)RS#HGIeR ,,y 0 bids GF nnnrrtF61G&eR Geek Shaun-rRG)t vary fremrthe GPG prepared by Genr�Tta�-� 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.0716 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 contractor 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_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.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 Severablilty. 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 unenforceabllkyof anyArtide, 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 shall take precedence and control to resolve sold conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING,INC. TH.Edmonds,P.E. Date *01West P. Date Director of Engineering Services si t o Boulevard,Suite 400 Austin,TX 78745 (512)912-5100 Office (512)912-5158 Fax APPROVED AS TO LEGAL.FORM /I 1 2017.01.30 13:15:21 1� -06'00' Assistant City Attorney Date ATTEST City Secretary Date Project Number E14022 Accounting Unit 4010-30230-072 Account 5NQQO Activity E14022-01-4010-i*XP Account Category 30000 Fund Name Water Doeratina Amendment No.2 for$31,700 Page 1 r Rev 07116 F)l 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.' 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 24'h, 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, ' 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. hdrinc.com 4401 West Gate Blvd.,Suite 400,Austin,TX 78745 T512.912.5100 F512.912.5158 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 F)l 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 301h 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 301h City Council presentation "Discussion- Demands" Amend. No. 2 Exhibit A Page 3 of 4 F)I • 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 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME PayRevi esed Request Revid 47!27104 Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No.1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 754 0 0 0 0% Construction Phase 2,500 0 1,000 3,540 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,254 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $25000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,124 0 0 0 0% inspection 0 0 1,627 15627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% d&M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,527 $45747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,377 $12,997 $1,250 $1,500 $3,0001 230 Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL/OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) 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 SUPPLIER NUMBER TO BE ASSIGNED BYZTTY PURCHASING DIVISION w� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the followi%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, 78745 STREET ADDRESS: Suite 400 CITY: Austin ZIP: FIRM IS; 1. Corporation ® 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) 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 Title PIA 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 NVA 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 subiect of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." `N�a�me 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 Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." 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. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-120474 HDR Engineering, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/05/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E14022 On-Call Professional Water Supply Planning Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I 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. ; Y'PL MICHELLE M BRITTON x? NOTARY PUBLIC a� +x' State of Texas Comm.Exp.06-27-2017 re v auttsori d ag a ontracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sr tv and subscribed before me,by the said f� /� fa�Yl this the U/ day of � ,_ 27 to certify which,witness my hand and seal of office. 2 61 -� Signature of officer administering oath Printed name of officer administering oath Tltle of officer adgA >t-,,mg oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Carpus Chr Stl Engineering On-Call Technical Services Related to Water Supply Planning Council Presentation ' ,, February 21, 2017 Project Scope a` 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 a` Corpus Chr sti Engineering 2017 Mar Apr May Jun Jul 0 Aug Services 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. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-120474 HDR Engineering, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/05/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E14022 On-Call Professional Water Supply Planning Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I 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. ; Y'PL MICHELLE M BRITTON x? NOTARY PUBLIC a� +x' State of Texas Comm.Exp.06-27-2017 re v auttsori d ag a ontracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sr tv and subscribed before me,by the said f� /� fa�Yl this the U/ day of � ,_ 27 to certify which,witness my hand and seal of office. 2 61 -� Signature of officer administering oath Printed name of officer administering oath Tltle of officer adgA >t-,,mg oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 mus c.� GO O� AGENDA MEMORANDUM NORPOPPEFuture Item for the City Council Meeting of February 21, 2017 1852 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(a�cctexas.com (361) 826-3111 Bill Mahaffey, Director of Gas Operations BilIM(a).cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services-Purchasing Divisan Kim B2Ca-).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 PRICE SHEET PURCHASING DIVISION HGAC CONTRACT:WM08-16 BUYER: LYDIA JUAREZ WATER AND GAS METERS Aclara Technologies,LLC Hazelwood,Missouri UNIT EXTENDED ITEM DESCRIPTION QTY PRICE 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] 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 #1 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 Contact Person: 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 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 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&GT. 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 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 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 Public Hearing and First Reading for the City Council Meeting of February 28, 2017 Second Reading for the City Council Meeting of March 21, 2017 DATE: February 6, 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 7306 and 7242 South Padre Island Drive (State Highway 358) CAPTION: Case No. 0117-07 Oceanic Development, LTD: A change of zoning from the "RM -1" Multi -family 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2, located on the north side of South Padre Island Drive (State Highway 358) between Rodd Field Road and Lexington Road. PURPOSE: The purpose of this item is to rezone the property to allow development of a Carmax Auto Superstore. RECOMMENDATION: Planning Commission and Staff Recommendation (January 25, 2017): Approval of the change of zoning from the "RM -1" Multi -family 1 District to the "CG -2" General Commercial District. Vote Results For: 6 Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - 1" Multi -Family 1 District to the "CG -2" General Commercial District for the development of a Carmax Auto Superstore. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property as commercial. It is Staffs opinion, that the requested rezoning will be consistent with the extension of zoning to the southeast. The UDC requires screening to protect the existing, abutting residential use. The requested rezoning would provide uniformity to a parcel that currently has split zoning. 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 "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and 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 Oceanic Development, LTD. ("Owner"), by changing the UDC Zoning Map in reference to a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2; from the "RM -1" Multi -family 1 Residential District to the "CG -2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Oceanic Development, LTD. ("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 25, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RM -1" Multi -family 1 Residential District to the "CG -2" General Commercial District, and on Tuesday, February 28, 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 Oceanic Development LTD, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2; located approximately 300 feet north of the north right of way of South Padre Island Drive (State Highway 358) between Rodd Field Road and Lexington Road (the "Property"), from the "RM -1" Multi -family 1 Residential District to the "CG -2" General Commercial District (Zoning Map No. 040034), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, 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\ZONING CASES\2017\0117-07 Oceanic Development, LTD (Carmax)\Council Documents\Ordinance_0117-07 Oceanic Development.docx Page 2 of 2 2.98 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 42724.13605 November 28, 2016 Fieldnotes, for a 2.98 Acre Zoning Tract, of Lots 1 and 2, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of the remainder of an 8.920 Acre Tract, described in a Warranty Deed with Vendors Lien, from Oshman Investments, Ltd., a Texas limited partnership, to Oceanic Development, Ltd., a Texas limited partnership, as recorded in Document Number 2002032580, of the Official Public Records of Nueces County, Texas; the said 2.98 Acre Zoning Tract being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod stamped "URBAN ENGR CCTX" Found, on the Northeast Right -of -Way of South Padre Island Drive, a public roadway, as shown on a Texas Department of Transportation Map (TXDOT), CONST.CSJ:0617-01-170, Sheet 10; Thence, North 28°45'35" East, with the common line of the Southeast line of Lot 2, Block A, Joslin Tracts, a map of which is recorded in Volume 40, Page 2, of the said Map Records, and the Northwest line of the said 8.920 Acre Tract, 313.82 Feet, to a point in the said common line, for the Point of Beginning, and the West corner of this Tract; Thence, North 28°45'35" East, with the said common line, 403.01 Feet, to the West corner of Lot 1, Block 1, The Village at Oso Bay, a map of which is recorded in Volume 67, Page 765, of the said Map Records, for the North corner of this Tract; Thence, South 61 °09'57" East, over and across the said 8.920 Acre Tract, with the Southwest line of the said Lot 1, 327.68 Feet, to a 5/8 Inch Iron Rod stamped "URBAN ENGR CCTX" Found, on the common line of the Northwest line of Lot 4-B, Block A, Joslin Tracts, a map of which is recorded in Volume 35, Page 69, of the said Map Records, and the Southeast line of the said 8.920 Acre Tract, being the South comer of the said Lot 1, for the East corner of this Tract; S 15urvcymt142724186051FN. 427248602 docx Page of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbanene.com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Thence, South 28'50'44" West, with the said common line, 39033 Feet, to a point in the said common line, for the South comer of this Tract, from Whence, a 5/8 Inch Iron Rod stamped "URBAN ENGR CCTX" Found, on the said Northeast Right -of -Way of South Padre Island Drive, bears South 28°50'44" West, 321.90 Feet; Thence, North 63°18'57" West, over and across the said 8.920 Acre Tract, 327.31 Feet, to the Point of Beginning, containing 2.98 Acres (129,930 Sc1Ft) of Land, more or Tess. Grid Bearings and Distances described herein are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this Fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. URBAN ENGINEERING James D. Carr, R.P.L.S. License No. 6458 S'Surveying\427241B6051FN 4272413602 docx Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbanenR.com TBPE Firm # 145 • TBP15 Firm # 10032400 Exhibit A FAX (361)854-6001 I r 1 Lot 2, Joslln Vol. 40, Pg. Doc. No. 201301 Owner. Carncapp a Texas limited Block A Tract 2, U.R.N.C.T. 7827, 0.P.R,N,C,T. Sky Harbor, LLC, liability company 5' Utility Easement 1.494 Po E2`.. 1..R.N.C.T. 20'44'07" E) N 28'45'35" E 403.01' 0 50 100 GRAPkiIC SCALE 1 =100 N 28'45'35" E 313.82 Point of Commencement f Point of Beginning 5 28'50'44" W 321.90' z 0) Zoning Tract. 2.98 Acres 129.930 SgFt v of Lots 1 and 2, Section 28 • Flour Bluff and Encinal Farm and Garden Tracts Vol, A, Pgs. 41-43, M,R.N.C.T. being the remainder of a 8.920 Acre Tract V Doc. No. 2002032580, 0.P.R.N.C.T. Owner. Oceanic Development, LTD., a Texas Limited Partnership I Z5 3 .L7,60•I9 S N V C 1 60' 8.L I —.1 35, Pq. 69 Ikl R.N.C.T. Exhibit B Sketch to Accompany Fieldnotes, for a 2.98 Acre Zoning Tract, of Lots 1 and 2, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of the remainder of an 8.920 Acre Tract, described in a Warranty Deed with Vendors Lien, from Oshman Investments, Ltd., a Texas limited partnership, to Oceanic Development, Ltd., o Texas limited partnership, as recorded in Document Number 2002032580, of the Official Public Records of Nueces County, Texas. S 28'50144" W 390.73' Lot 4-0, Block A Joslin Tract Vol. 35 Pg 69, N,R,N,C,T, Doc. No. 2014006540, O.P.R.N.C.T. Owner Butler Rental Property, LLC, a Texas limited liability company 15' Utility Easement Vol. 67, Pg. 765 M.R.N.0 T LEGEND: O 5/8 Inch Iron Rod stomped 'URBAN ENGR CCTX" Found • 5/8 Inch Iron Rod stomped "Frontier Surveying" Found • 5/8 Inch Iron Rod Fcund • TXDOT Monument Found (Type 1) (broken) O TXDOT Monument Found (Type 11) DATE: 11 28/2016 SCALE: 1 =100' JOB NO.: 42724.B605 SHEET: 1 OF 2 DRAWN BY: CDS u rbansurveyl Ourbanen g.com 02016 by Urban Engineering Ili 1WE MI NR 11R 1ll3 1811 Na 1518481 MS SOWITIVIox MMUE OMR 1x 15104 RCM 3111.115431411 w55AfMENaa1I URBAN ENGINEERING Exhibit B PLANNING COMMISSION FINAL REPORT Case No.: 0117-07 Infor No. 16ZN1009 Planning Commission Hearing Date: January 25, 2017 Applicant & Legal Description Applicant/Representative: Carmax Auto Superstores, Inc. c/o Centerpoint Owner: Oceanic Development, Inc. Location: 7306 and 7242 South Padre Island Drive (State Highway 358) Legal Description: A 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2, located on the north side of South Padre Island Drive (State Highway 358) between Rodd Field Road and Lexington Road. Zoning Request From: "RM -1" Multi -family 1 District To: "CG -2" General Commercial District Area: 2.98 acres Purpose of Request: To rezone a portion of a parcel that currently has split zoning to be entirely CG -2 and include it with existing CG -2 parcels for the sale of pre -owned vehicles. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 District "CG -2" General Commercial District Vacant Commercial North "RM -1" Multifamily 1 District Medium Density Residential High Density Residential South Highway Highway Highway East Commercial Vacant Commercial Commercial West "RM -1" Multifamily 1 District Medium Density Residential High Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Plan CC Future Land Use map. Map No.: 040034 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 330 feet of street frontage along South Padre Island Drive (Highway 358), which is an "F1" Freeway/Expressway. The maximum average daily trips for an "Fl" is 60,000 to 200,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre Island DriveFreeway/Expressway (Highway 358) "F1" 400' ROW varies paved 275' ROW 250' paved 8'989 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM -1" Multi -family 1 District to "CG -2" General Commercial District for pre -owned vehicle sales. Development Plan: The applicant proposes to rezone the subject lot to the "CG -2" General Commercial District. The lots combined are 2.98 acres. The purpose of the rezoning is to develop a sales building, presentation area, and service building for pre -owned vehicle sales with approximately 35 employees. Existing Land Uses & Zoning: The north and west properties are zoned "RM -1" Multi -family 1 District with medium density residential uses. East of the property is zoned "CG -2" General Commercial with commercial and vacant uses. South of the property is South Padre Island Drive (Highway 358). 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. The applicant has submitted a request for replat to combine lots Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast ADP. The proposed rezoning to the "CG -2" Commercial District is consistent with Plan CC and the Future Land Use Map which identifies the area as Commercial. Additionally, the following are pertinent elements of Plan CC and the Southeast ADP that should be considered: Staff Report Page 3 • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, page 36) • 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.) • Commercial uses and neighborhood commercial uses are the most suitable uses for land designated by the Future Land Use Map as Commercial. (Southeast Area Development Plan, Table 1, page 10.) Department Comments: • Commercial development is existing along South Padre Island Drive (Highway 358) • The Future Land Use Map designates the property as commercial • The development would give access to currently landlocked lot • A majority of a portion of one of the parcels to be rezoned is currently zoned "CG -2" General Commercial • Per UDC, screening will be installed to protect Multi -family developments Planning Commission and Staff Recommendation (January 25, 2017): Approval of the change of zoning from the "RM -1" Multi -family 1 District to "CG -2" General Commercial District. Vote Results: For: 6 Opposed: 0 Absent: 3 a Notification Number of Notices Mailed — 6 within 200' notification area; 3 outside notification area As of January 20, 2017: In Favor In Opposition For 0.00% in opposition. — 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. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0117-07 Oceanic Development, LTD (Carmax)\Council Documents\0117-07 CC Report Oceanic Development.docx CASE: 0117-07 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 "S<ol SUBJECT OR PROPERTY LOCATION MAP ,7 Ty Ca BOO 'os 0 ilh City of Corpus Christi Q�� Aerial Overview Aerial Map AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 28, 2017 Second Reading for the City Council Meeting of March 21, 2017 DATE: February 7, 2017 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 3115 South Padre Island Drive (SPID) (State Highway 358) CAPTION: Case No. 0117-06 Port City Pontiac -GMC, Inc.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Boulevard Acres Lots E2, G, and F2, located on the south side of South Padre Island Drive (State Highway 358) between Larcade Drive and Kostoryz Road. PURPOSE: The purpose of this item is to rezone the property to allow for a vehicle sales dealership with an ancillary vehicle repair facility including a paint and body shop. RECOMMENDATION: Planning Commission and Staff Recommendation (January 25, 2017): Denial of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG -2" General Commercial District with a Special Permit (SP) with conditions. Vote Results For: 6 Against: 0 Absent: 3 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG - 2" General Commercial District to the "IL" Light Industrial District to allow a vehicle sales dealership with an ancillary vehicle repair facility including a paint and body shop. The proposed rezoning is inconsistent with the newly adopted Plan CC Comprehensive Plan. The property is appropriately located for commercial uses near the intersection of an expressway and a secondary arterial. The rezoning is incompatible with adjacent projects and character of the surrounding area. The proposed use with stipulated conditions is not anticipated to have a negative impact upon the surrounding neighborhood. The conditions applied by the special permit will regulate the following: Hours of operation, lighting, signage, screening, street access, and the loading and unloading of vehicles. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Development Plan. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Future Land Use Map and the Southside 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 Port City Pontiac -GMC, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 5.46 acre tract of land composed of three lots in Boulevard Acres Lots E2, G, and F2 from the "CG -2" General Commercial to the "CG-2/SP" General Commercial District with a Special Permit for all three lots; 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 Port City Pontiac -GMC, 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 25, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CG -2" General Commercial District to the"CG-2" General Commercial District with a Special Permit for all three lots, and on Tuesday, February 28, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; 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 Port City Pontiac -GMC, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 5.46 a tract of land composed of three lots composed of: Boulevard Acres Lots E2, G, and F2, located on the south side of South Padre Island Drive (State Highway 358) between Larcade Drive and Kostoryz Road (the "Property"), from the"CG-2" General Commercial District to "CG-2/SP" General Commercial District with a Special Permit (Zoning Map No. 047038), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Hours of Operation: The hours of operation shall be the same as the business hours of operation from 7:00 AM to 7:00 PM Monday through Saturday. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Screening Fence: A six (6) foot standard screening fence shall be installed or existing fence must have slats installed and maintained to provide a visual barrier between the vehicular storage yard/building and the surrounding neighborhood. 5. Signage: No signs are to be installed on Johanna Street except for the purposes of emergency or directional information. 6. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Johanna Street. 7. Access: No access to or from Johanna Street is allowed except for emergency access. 8. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 10 Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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 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. K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0117-06 Port City Pontiac -GMC, Inc % Autonation\Council Documents\Ordinance_0117- 06_Special Permit_Port City Pontiac -GMC, Inc..docx 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 K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0117-06 Port City Pontiac -GMC, Inc % Autonation\Council Documents\Ordinance_0117- 06_Special Permit_Port City Pontiac -GMC, Inc..docx Page 3 of 3 G-2 CG -2 CG'2 CG -2 ykke y�'y S,o .OR �Sz-4 NO04) CG-2 RIS - i),(0100 40.1 •Y�w� J OR co V� O RM -1 /Fee- 1 t CG -2 N-1ED Date Creaied-1/30/2017 /cNiv' -11 S P / 6'011 ment of �velopmSy: I.t Sery s CASE: 0117-06 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY LOCATION MAP City of Corpus Christi / PLANNING COMMISSION FINAL REPORT Case No. 0117-06 INFOR No. 17ZN1010 Planning Commission Hearing Date: January 25, 2017 Applicant & Legal Description Owner: Port City Pontiac -GMC, Inc. Applicant/Representative: MULTATECH Architects & Engineers Legal Description/Location: Boulevard Acres Lots E2, G, and F2, located on the south side of South Padre Island Drive (State Highway 358) between Larcade Drive and Kostoryz Road. Zoning Request From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 5.46 acres Purpose of Request: To allow for a vehicle sales dealership with an ancillary vehicle repair facility including a paint and body shop. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "CG -2" General Commercial Commercial Commercial North "CG -2" General Commercial Commercial Commercial South "RS -6" Single -Family and "RM -1" Multi -family Low Density Residential and Medium Density Residential Low Density Residential and Medium Density Residential East "CG-2/SP" General Commercial with a Special Permit Commercial Commercial West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for Commercial uses. The proposed rezoning to the "IL" Light Industrial is inconsistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No.: 047038 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 348 feet of street frontage along South Padre Island Drive (State Highway 358) which is designated as a F1 Freeway/Expressway and approximately 344 feet along Johanna Street which is designated as Local/Residential street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre Island Drive Freeway/Expressway 400' ROW aries paved 400' ROW 120' paved 12,421 ADT Johanna Street Local/Residential 50' ROW 28' paved 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District to the "IL" Light Industrial District to allow for a vehicle sales dealership with an ancillary vehicle repair facility including a paint and body shop. Development Plan: The subject property is comprised of 5.46 acres and is proposed to be developed into a vehicle sales dealership. The property was acquired in 2007 for the purpose of reopening a vehicle sales dealership with an ancillary vehicle repair facility including a paint and body shop. Existing Land Uses & Zoning: The subject property is zoned "CG -2" General Commercial. The property has previously been a vehicle sales establishment with a vehicle repair facility for several makes and models of vehicles for at least 30 years. To the north is South Padre Island Drive (SH 358) and a vehicle sales dealership. To the east is a self -storage commercial business. To the west is a commercial development. To the south is Johanna Street and a multi -family apartment complex along with single- family homes. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: Currently, the subject property is comprised of three platted lots. The applicant has submitted a request for replat to combine all lots. The proposed replat would not require a public notice. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Southside ADP. The proposed rezoning is also inconsistent with the following policies of the Comprehensive Plan: • The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with a lack of interconnection. Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. (Housing and Neighborhoods Policy Statement 9). Staff Report Page 3 • Corpus Christi has well-designed neighborhoods and built environments. Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Study fair and equitable ways to promote better protection when two uses of differing intensity abut each other. The City will propose ordinance changes that will help assure a sufficient buffer of open space and/or land use, etc. when two or more differing intensities of land use abut. Such methods may include, but are not limited to, larger zoning setbacks, landscaping and/or screening. (Policy Statement B.5). Department Comments: • The proposed rezoning is inconsistent with the Comprehensive Plan and Southside Area Development Plan. • The existing building is a non -conforming structure as it crosses lot lines. However, the replat will correct the non -conforming issue and combine all three lots together. • The proposed rezoning is incompatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. The potential rezoning would have a negative impact upon the surrounding neighborhood as it would allow all uses allowed by right in the "IL" District. • The subject property is suitable for the uses proposed by this rezoning, as the property was a former vehicle sales dealership with an ancillary auto repair facility. • Based on available information, the former vehicle sales dealership of thirty years was not a nuisance and did not cause a negative impact to the surrounding land uses. • The addition of the paint and body shop to the vehicle repair facility would not have an adverse impact as it will always remain a secondary and ancillary use to the vehicle sales dealership. • The rezoning to the "IL" District for the purposes of an ancillary auto repair shop with paint and body capabilities would be better suited to be granted by Special Permit (SP). • An SP would provide the use requested by the applicant while protecting the integrity of surrounding uses including the multi -family and single-family uses. However, certain conditions will need to be satisfied to protect those same uses. • All uses will be subject to the City's noise ordinance to prevent a nuisance from occurring. • The former vehicle sales dealership operated an ancillary vehicle repair shop including uses defined as "Vehicle Service, Heavy." However, the previous dealership did not operate any paint and body repair uses. • The Unified Development Code (UDC) defines vehicle services as: Vehicle Service, Limited: Minor repair or replacement of parts, tires, tubes, or batteries, diagnostic services; minor motor services such as grease, oil, spark plug, or filter changing; tune-ups; emergency road services; replacement of starters, alternators, hoses, belts, and points; brake or muffler repair, wheel alignment, automobile washing, automobile upholstery, window -tinting, state inspections and associated minor repairs; routine servicing of air-conditioning systems, or other Staff Report Page 4 similar minor repair services. Minor repairs do not include uses listed under "vehicle service, heavy." Vehicle Service, Heavy: General repair or overhaul of engines, air-conditioning systems, transmissions, or radiators for motor vehicles; Repair of bodies, frames, or fenders, painting, undercoating, or rust -proofing; repair of heavy load vehicles such as, tractor trailers, commercial dump trucks, or transit vehicles; customizing; vehicle steam cleaning; and other similar uses. Major repairs do not include uses listed under "vehicle service, limited." Planning Commission and Staff Recommendation (January 25, 2017): Denial of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG -2" General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Hours of Operation: The hours of operation shall be the same as the business hours of operation from 7:00 AM to 7:00 PM Monday through Saturday. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Screening Fence: A six (6) foot standard screening fence shall be installed or existing fence must have slats installed and maintained to provide a visual barrier between the vehicular storage yard/building and the surrounding neighborhood. 5. Signage: No signs are to be installed on Johanna Street except for the purposes of emergency or directional information. 6. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Johanna Street. 7. Access: No access to or from Johanna Street is allowed except for emergency access. 8. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. Staff Report Page 5 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Public Notification Number of Notices Mailed — 9 within 200 -foot notification area 5 outside notification area As of January 20, 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. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0117-06 Port City Pontiac -GMC, Inc % Autonation\PC Documents\Staff Report_0117-06_ Port City Pontiac -GMC, Inc..docx G-2 CG -2 CG'2 CG -2 ykke y�'y S,o .OR �Sz-4 NO04) CG-2 RIS - i),(0100 40.1 •Y�w� J OR co V� O RM -1 /Fee- 1 t CG -2 N-1ED Date Creaied-1/30/2017 /cNiv' -11 S P / 6'011 ment of �velopmSy: I.t Sery s CASE: 0117-06 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY LOCATION MAP City of Corpus Christi / Aerial Overview N A Subject Property SUBJECT PROPERTY ', 1 :121).,,r. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 28, 2017 Second Reading for the City Council Meeting of March 21, 2017 DATE: February 10, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Urban Transportation Plan Amendment — Realigning a Planned C1 Collector Street System Involving Norchester Drive, Zenith Drive, Evans Road and Acushnet Drive CAPTION: Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by realigning a proposed C1 Minor Residential Collector street system proposed south of Saratoga Boulevard from intersecting at Norchester Drive to intersecting at Zenith Drive and connecting with Evans Road to the south and Acushnet Drive to the east; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to change the City's Urban Transportation Plan map by realigning two planned streets to accommodate a proposed development in the area southwest of the Saratoga Boulevard/Weber Road intersection. BACKGROUND AND FINDINGS: The City's Urban Transportation Plan (UTP) Map proposes a north -south C1 Collector connecting Evans Road to Saratoga Boulevard and connecting to Acushnet Drive, an east/west C1 Collector. When aligned with Norchester Drive, this planned C1 Collector is split between Cabaniss Field (government property) and private property before jogging to the east to tie into Acushnet Drive. Each property owner is responsible to build their half of the master planned street. A developer submitted a preliminary plat for a 28.5 -acre tract of land that is currently zoned for commercial and light industrial uses. Preliminary plats are required to comply with City master plans. The preliminary plat does not conform to the City's UTP map. The preliminary plat shows the proposed extensions of existing streets (Zenith Drive, Acushnet Drive, and Evans Road), but it does not show the extension of the planned C1 Collector, Norchester Drive, as designated on the UTP map. All of the existing streets contained within the plat boundary have a 60 -foot right-of-way. The developer's proposal not to build the C1 Collector (aligned with Norchester Drive) is based on challenges in obtaining right-of-way from the adjacent property owner, who is the federal government (Department of the Navy). The City cannot require the federal government to dedicate right-of-way. Another challenge presented is the Grant of Easement signed in 1985 which granted a drainage easement, on government property to the City, for a period of 50 years. The federal government (acting through the Department of the Navy), granted an easement to the City of Corpus Christi for the "...construction, installation, operation, maintenance, repair, and replacement of a drainage ditch..." This agreement states that upon termination, the City "...at its expense shall remove, to the extent requested by the Government, improvements installed ..." The developer requests the deletion of the current UTP -designated C1 Collector that borders private property and federal property and aligns with Norchester Drive on the opposite side of Saratoga Blvd. Instead, the developer proposes to extend Zenith Drive, of which approximately 380 feet is already constructed to the C1 Collector street design standards, south to Evans Road and east to the proposed Acushnet Drive. The extension of Zenith Drive would become the western terminus of Acushnet Drive. The proposed amendment maintains the intent of the UTP map by providing connectivity south of Saratoga Blvd and east to Acushnet Drive. This alignment also allows for a future three-legged "T" signalized intersection at the intersection with Saratoga Boulevard, if a traffic signal warrant analysis indicates requirements were met. ALTERNATIVES: Staff considered maintaining the proposed C1 collector alignment between private property and federal property. City staff would recommend the removal of the current jog in the proposed alignment, as shown on the UTP Map, and propose a straight alignment that provides for a 90 -degree intersection at Acushnet Drive. As part of Option B, the private developer would be required to dedicate 30' of right-of-way for future construction of the master planned street. Under this scenario, however, street construction would not occur until the City is able to obtain right-of-way from the federal government. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, and Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff, Transportation Advisory Commission, and Planning Commission recommend approval of the UTP map amendment as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by realigning a proposed C1 Minor Residential Collector street system proposed south of Saratoga Boulevard from intersecting at Norchester Drive to intersecting at Zenith Drive and connecting with Evans Road to the south and Acushnet Drive to the east; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, January 11, 2017, and on Wednesday, February 22, 2017, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, February 28, 2017, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting the proposed 01 Minor Residential Collector, with 60 feet of right- of-way and two travel lanes, having an alignment running in the north/south direction between Saratoga Boulevard and Evans Road, and adding a 01 Minor Residential Collector designation to Zenith Drive and extending it from Saratoga Boulevard to Evans Road, and establishing Zenith Drive/Evans Road as the western terminus of the proposed Acushnet Drive, also a proposed 01 Minor Residential Collector with 60 feet of right-of-way and two travel lanes, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 4 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 Page 3 of 4 Exhibit A 4anaportatlon Plan TYPE. a1AN5 A1, EX •m,P2.IX V. PR ..A3 IX asa P3, PR _C1. Q i 1C1.FA C2, IX C3,IX .C3, R1 108. EX NF1, IX Fl. PR FM/ RR Rfx, EX RL PR i'I Et - RAX ER ▪ RAX ER —H RE SRW, EY gP L UTP Amendment Proposed C1 Proposed and Segment Removal C1 Designation Extension UTP Amendment ( Area (South of Saratoga Blvd) Page 4of4 Urban Transportation Plan Amendment: Norchester/Acushnet Drive Extensions City Council Presentation February 28, 2017 Subject Property N Current Plan Scope • Proposed C1 Collectors (60' ROW) > Norchester Drive (From Saratoga Blvd to Evans Rd.) > Acushnet Dr. (From approx. Jefferson St. to the west) • Proposed Development (Universal Plaza) > West Property Line Abuts Cabaniss Naval Field 1250 ft. > Developer Requests UTP Amendment Proposed UTP Map Amendment • Realigns a proposed C1 Collector from Norchester Dr. to Zenith Dr. • Permits Future Signalization (T -intersection) on Saratoga Blvd. • No Requirement to Request Additional ROW from Federal Government • Maintains Connections to Saratoga Blvd. and Acushnet Dr. ➢ Extension of Zenith Dr. (South to Evans Rd.) ➢ Extension of Acushnet Dr. east of Zenith Dr./Evans Rd. Proposed UTP Map Amendment Set] gmerirke /••• r i is I y I i ♦ X ri'� l♦Proposed C1 Segment Addition/ Tra A,IX� Plan SS TYPE —CE ES 5aggrocqe \93 111110,01 ODE. Mt PP ME, PP 24 e n, Ro iso 500 Proposed UTP Map Amendment Current Plan Proposed Change Preliminary Plat SARATOGA BLVD 1 t. If III ACUSHNETDR r_ 1 8 Recommendations Staff, Transportation Advisory Commission (TAC), & Planning Commission Recommendations: > Delete the segment of the proposed C1 Collector along the west property line aligned with Norchester Dr. (Utilize Zenith Dr., 60' ROW) > Use the extension of Zenith Dr. as the western terminus ofAcushnet Dr. Discussion 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: 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 ?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 28, 2017 Cost Allocation Plan & User Fee Study Leverages Related Information Full 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 (direct & indirect) of providing service: — Sets a cost recovery/subsidy level appropriate to the market, service, department, & goals of the City; — GFOA best practice: conduct and independently validate every 3-5 years; — No comprehensive review in almost 30 years; — Services and delivery have changed, been eliminated, or implemented; — City needs to establish policy for regular fee and rate reviews. User Fee Study Benefits 1) Specifies "tax subsidy" amount for City service and, allows for informed discussions on where & how much services should be subsidized (tax subsidy); 2) Identifies new areas where fees can be charged to reduce "tax burden"; 3) Identifies programs that may have substantial costs, yet not provide services to many (under-utilized, but costly programs); 4) Fee studies are an essential component of defending regulatory fees in Texas. In Texas regulatory fees can be legally attacked as unconstitutional taxes unless those fees are justified in a defensible cost analysis; 5) A sophisticated fee study allows recovery of a greater percentage of cost of service than does the typical in-house fee analysis; 6) User fee studies essential component of zero -based budgeting (aka service level budgeting). 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. Knowing direct & indirect costs by service provides essential information for zero -based budgeting (aka service -level). Developing Costing Assumptions Full Cost comprehensive approach involves detailed analysis of cost components. Cost Component Contents Direct Departmental budget: salaries and benefits, services and supplies Indirect Divisional, Departmental, and City-wide overhead Cross -Departmental Review by other departments Plans, policy and systems maintenance Projected technology costs, comprehensive plan update, zoning and building code enforcement. etc 6 Making Pricing Decisions Who Benefits Community I I1 Primarily, individual with some community benefits I1 Primarily, individual with some communitywide benefits 1 —b Individual benefit only Type of Service Tax vs Fees Example Policy IL Services Public Public/private Private/public Private 100% taxes Mostly taxes & some fees Mostly fees & some taxes mi 100% fees Police patrol services Code enforcement services Youth sports Development services 7 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, 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 Developer's Information 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 28, 2017 Overview Region 10 — Urban • The Avanti Bayside • 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 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 INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: E. Jay Ellington, Interim Assistant City Manager From: Rudy Bentancourt, HCD Director Date: February 23, 2017 Subject: Housing Tax Credit Developer Information Reauest To provide in the Legistar items, pictures of projects that TDHCA Tax Credit applicants have done. Background & Findings During the February 21, 2017 City Council presentation regarding Resolutions of Support for Housing Tax Credits, a request was made by to provide information from the developers who are requesting the Resolutions. The information should include developer information and pictures of projects which have been done, as well as renderings, if any, of the projects being proposed. Since the February 21, 2017 City Council meeting, the Oaklake on Rodd Field project has withdrawn their request for a Resolution. There are currently three (3) proposed projects in Region 10 Category — Urban which include The Avanti Bayside, Sea Gulf Villa and The Village at Henderson and there is one (1) proposed project in the At -Risk Set -Aside Category which is Samuel Place Apartments. Conclusion The following information includes the request by City Council. The Avanti Bayside Madhouse Development Services, Inc. ("Madhouse") is the developer of The Avanti Bayside and is a nationally recognized family-owned development company based in Austin. Madhouse was established in 1999 by a group of housing and community development professionals who were segueing from local and state government to the private development sector. With over 20 years of continuous success, Madhouse is well established in the multifamily housing industry, providing expertise in the areas of finance, development, construction, and asset management of quality affordable and market -rate rental housing. Through hard work and dedication to its principles, Madhouse has earned a reputation as a developer who balances respect for value with sensitivity to environment and design. After developing thousands of apartment homes, Madhouse has refined the ability to assess proposals based on sound economic principles, not current fancy. Madhouse strives to find innovative, carefully -considered solutions that are the most financially, environmentally, and socially rewarding for our clients and of the greatest value to the citizens we serve. Our institutional values are built upon the cornerstones of integrity, reliability, transparency, and performance. In 2015, Madhouse was ranked 39th by the Affordable Housing Finance Magazine in its list of the Top 50 Affordable Housing Developers in the country. Madhouse was also featured in the 2016 Affordable Housing Finance Magazine in its list of the Top 50 Affordable Housing Developers in the country with a ranking of 41St 1111111E Madhouse Development — RiverStone Apartments Currently being constructed in Corpus Christi — Airline Rd. Madhouse Development — Bella Terra Development (Brownsville, TX) Madhouse Development — Bella Terra Development (Brownsville, TX) Madhouse Development — Highland Villas Development (Bryan, TX) Madhouse Development — Highland Villas Development (Bryan, TX) Sea Gulf Villa The ITEX Group is a vertically -integrated real estate investment, development, construction and property management company with major offices in Houston and Port Arthur, TX. ITEX employs 205 Texas-based employees. ITEX's founder acquired Park Central Management and six of its apartment developments in 2004. Mr. Akbari had joined Park Central in the late 1970s and eventually risen to the position of President before purchasing the company. Today ITEX has developed, acquired, constructed and/or managed 55 apartment developments and is currently managing approximately 4,600 rental housing units. In addition to 9% tax credit multi -family new or rehabilitated developments financed through the Texas Department of Housing and Community Affairs, ITEX has been selected to construct new or rehabilitate over 1,500 apartments for several housing authorities in TX, LA and AR. ITEX is developing and will, in most cases, serve as general contractor for these developments. In addition, ITEX has significant experience is rehabilitating historic properties, building new market rate apartments, single family homes, and townhomes, retail/commercial mixed used developments, transit -oriented developments, and all types of mixed -income developments, including large tract subdivisions. ITEX's construction company has approximately $110 million in multi -family developments under construction for its own use or for other developers/owners. One of the nice things about working with a vertically -integrated development company is that we take responsibility for everything. Our non-profit partner is LULAC that has two very successful developments in the area including LULAC Westpark Apartments in Corpus Christi and LULAC Amistad Apartments in Sinton. ITEX — Village at Palm Center Development (Houston, TX) ITEX — Park Central Development (Port Arthur, TX) ITEX — Park Central Development (Port Arthur, TX) ITEX — Providence on Major Development (Beaumont, TX) ITEX — Providence on Major Development (Beaumont, TX) The Village at Henderson and Samuel Place Apartments PROSEPERA Housing Community Service (PHCS) is a community based 501(c)(3) nonprofit aimed at the development and management of affordable housing. PHCS provides oversight and guidance for the ownership and operation of affordable housing properties for the benefit of families whose annual income is 60% or less of the area median income. Currently, 49 multifamily properties, with 4,883 units of assisted housing, are under PHCS's oversight. PHCS is a nonprofit real estate holding company, managing its holdings through PROSPERA Property Management (PPM). PHCS and PPM operate in South Texas with low-income multifamily properties in San Antonio, New Braunfels, Seguin, Luling, Lockhart, Pearsall, Beeville, Corpus Christi, Robstown, Victoria, Harlingen, Brownsville, Weslaco, Edinburg, Laredo, and Del Rio. PHCS is affiliated with TG 110, Inc. a Corpus Christi Based 501(c)(3). As part of the affiliation, PHCS provides administrative and financial support to TG 110. TG 110 is governed by a five member board composed of low-income resident directors and three community directors who all reside in Corpus Christi, Texas. PROSPERA HCS — Village at Henderson Development rendering (Corpus Christi) E+IsnHa :n�.Evswvn� cJ-IIH 3LE RCAF WIC — KEn 'EkI=IIHi: NE% VEW 'NEW VE% INI tlE1:F6GV '?ICN �TAIH%fLL �]IH3 A1NCG%. 3EJRnCN 'A1 BLD. TYPE III — FRONT ELEVATION SINK Lax - ERI.^. K 35g EI:I:IIVG .,,SrC i L EY STvG - -- :HIHGLE RfF�F� kUCF Lll-E ' STT%ELL E I TIHG 07 A.. Sia1.ELL BLD. 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'J'.:R PROSPERA HCS — Samuel Place Apartments Development rendering (Corpus Christi) PROSPERA HCS — Lexington Manor Development (Corpus Christi) PROSPERA HCS — Lexington Manor Development (Corpus Christi) 4 _may ___,„,../.-- .... r ■ PROSPERA HCS — Palms at Leopard Development (Corpus Christi) PROSPERA HCS — Palms at Leopard Development (Corpus Christi) PROSPERA HCS — Glenoak Apartments Development (before pictures) PROSPERA HCS — Glenoak Apartments (currently under construction in Corpus Christi) PROSPERA HCS — Woodland Creek Development (Corpus Christi) PROSPERA HCS — Woodland Creek Development (Corpus Christi) 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 First Reading for the City Council Meeting of February 28, 2017 Second Reading for the City Council Meeting of March 21, 2017 DATE: February 22, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Service Department JulioD@cctexas.com 826-3276 Southside FM 2444 Disannexation CAPTION: Ordinance disannexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the previously proposed Apex wind farm from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. PURPOSE: The purpose of disannexation is to remove the areas previously annexed in 2014 pursuant to the Southside FM 2444 Annexation. BACKGROUND AND FINDINGS: On October 14, 2014, the City annexed Laureles Farm Tracts adjacent to the city limits located in Nueces County along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41. Texas Local Government Code §43-142 gives Home Rule Municipalities the authority to disannex pursuant to their City Charter. The City of Corpus Christi allows for disannexation. The proposed disannexation area is an area of approximately 10,463 acres. There are no existing commercial wind farms in the area. The City has negotiated a disannexation agreement with Chapman Ranch Wind I, LLC, restrict wind turbines in the disannexed area. ALTERNATIVES: Not disannex area. OTHER CONSIDERATIONS: Texas Local Government Code §43.148: • "(a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. • (b) A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded. • (c) A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed. Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: o (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and o (2) one percent each month after the 210th day after the date the area is disannexed." CONFORMITY TO CITY POLICY: City Charter authorizes disannexation. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 50,104.14 50,104.14 BALANCE 50,104.14 50,104.14 Fund(s): Comments: RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Ordinance disannexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the previously proposed Apex wind farm from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. WHEREAS, the City Council finds the area described in Exhibit A is not necessary or suitable for city purposes and that the best interest of the general public of the City of Corpus Christi is to disannex the area described in Exhibit A; WHEREAS, Texas Local Government Code §43.142 provides: "A home -rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter." WHEREAS, Corpus Christi City Charter Article 1, Section 1 provides: "The city shall have the power by ordinance to fix the boundary limits of the city and to provide for the alteration and extension of the boundary limits." WHEREAS, City Council determines that said City Charter Section provides rules for disannexation pursuant to Texas Local Government Code §43.142 WHEREAS, the area to be disannexed is pursuant to Texas Local Government Code §43.142 and not for failure to provide services as the process is set forth in Texas Local Government Code §43.141. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the tract of land annexed by Ordinance #030307 is hereby disannexed and discontinued as a part of the City of Corpus Christi so that the same will no longer be a part of the City of Corpus Christi for any purpose whatsoever, said tract of land being more particularly described in Exhibit A attached to and incorporated as part of this ordinance. SECTION 2. The boundaries of the City of Corpus Christi, Texas are amended to exclude only that property annexed by Ordinance #030307, comprising an approximately 10,463 acre tract of land out of Laureles Farm Tracts, recorded in Volume 3 Page 15 and Volume 4 Page 36 of the Map Records, Nueces County, Texas excluding a portion of the property described and attached herein in accordance with City Council approved Development Agreements, more particularly described in Exhibit A. SECTION 3. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended as described in this ordinance. SECTION 4. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction. SECTION 5. The City of Corpus Christi hereby relinquishes any and all right, jurisdiction or control over the above-described tract of land, but retains its extraterritorial jurisdiction. SECTION 6. That the above described territory hereby disannexed shall no longer be part of the City of Corpus Christi, Texas, and the property so removed hereby shall no longer bear its pro rata part of the taxes levied by the City of Corpus Christi, Texas SECTION 7. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction that 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 unless said holding has the effect of diminishing the revenue payable to the City under any agreement entered into under this ordinance. SECTION 9. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 10. This ordinance is effective upon passage. 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 Disannexation Ordinance Exhibit A SOUTHSIDE FM 2444 AREA PROFILE Southside FM 2444 Area Information Z444 Area Total Land Area in Square Miles: Total Water Area in Square Miles: Total 2014 Population: Total 2014 Housing Units: 2012 Median Age 2012 Median Household Income JVIJII is 'sat: ruin Source: US Census/American Fact Finder and City of Corpus Christi Existing Uses Southside FM 2444 Area Agricultural / Vacant Residential Industrial Public Semi Public Right -of -Way Total Location Map Corpus Christi 16.34 150.58 0.0 353.46 44 320,231 16 129,254 35.6 34.4 $67,721 $47,029 Acres Percent 10,433.69 97.84% 20.77 0.20% 3.81 0.04% 4.73 0.05% 196.47 1.88% 10,463.00 100.00% Southside FM 2444 Area Development Services Department October 14, 2014 Page 2 of 12 Legal Department EXHIBIT A METES AND BOUNDS SOUTHSIDE FM 2444 Disannexation Area An approximately 10,463 acre tract of land out of Laureles Farm Tracts, recorded in Volume 3 Page 15 and Volume 4 Page 36 of the Map Records, Nueces County, Texas and more particularly described as follows save and except a portion of the property described and attached herein in accordance with City Council approved Development Agreements per Local Government Code 43.035: BEGINNING at the northeast corner of said 10,463 acre tract, more or less, a point on the west right-of-way line of existing County Road 41, located 500 feet north of the centerline of F.M. 2444, for the north corner of the tract herein described; THENCE west and 500 feet north of and parallel to the centerline of FM 2444 for a distance of approximately 3 miles, to a point on the west right-of-way line of County Road 47; THENCE south along the west right-of-way line of County Road 47 and 20 feet west of the east boundary of Section 27 Laureles Farm Tracts to a point on the north right-of-way line of FM 2444; THENCE to the west along the south boundary of the north half of Sections 27 and 26 Laureles Farm Tracts also being the north right-of-way of FM 2444 to the northwest corner of the southeast quarter of Section 26 Laureles Farm Tracts; THENCE to the south, with the west boundary of the southeast quarter of Section 26 Laureles Farm Tracts and parallel with County Road 49 a distance of 0.5 miles to the northeast corner of the northwest quarter of Section 37 Laureles Farm Tracts; THENCE in a westerly direction along the north boundary of Sections 37, 38 and 39 Laureles Farm Tracts to a point located approximately 2000 feet past the northeast corner of Section 39 Laureles Farm Tracts, to the westerly boundary of the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 and by annexation ordinance 020039 on October 27, 1985; whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South 1/2 of Section 31 and the North % of Section 32 of the Laureles Farm Tracts; THENCE in a southeasterly direction following the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South 1/2 of Section 31 and the North 1/2 of Section 32 of the Laureles Farm Tracts to the east right-of-way line of County Road 43, crossing Sections 39, 38, 48, 72, 83, 84, 107, 106, 121 and 122 of Laureles Farm Tracts to a point on the east right of way of County Road 43; THENCE in a northerly direction following the east right-of-way line of County Road 43 to a point being 20 feet east of the northwest comer of the south half of Section 104 Laureles Farm Tracts; Southside FM 2444 Area Page 3 of 12 ueveiopmentServicesDepartment October 14, 2014 Legal Department THENCE in an easterly direction along the north boundary of the south half of Section 104 Laureles Farm Tracts to a point on the west boundary of Section 103 Laureles Farm Tracts; THENCE in a northerly direction along the west boundary of Section 103 and 88 Laureles Farm Tracts to the northwest corner of the south half of Section 88 Laureles Farm Tracts; THENCE in a westerly direction along the south boundary of the north half of Section 87 Laureles Farm Tracts to the east right-of-way line of County Road 43; THENCE north along the east right-of-way line of County Road 43 to a point 20 feet east of the southwest corner of north half of Section 68 Laureles Farm Tracts; THENCE east along the north boundary of the south half of Section 68 Laureles Farm Tracts to the southeast comer of the north half of Section 68 Laureles Farm Tracts; THENCE in a northerly direction along the west boundary of Section 67 Laureles Farm Tracts to the northwest corner of Section 67 Laureles Farm Tracts; THENCE to the west along the north boundary of Section 68 Laureles Farm Tracts to the east right- of-way line of County Road 43; THENCE in a northerly direction along the east right-of-way line of Country Road 43 to the point on the north right-of-way line of County Road 14A; THENCE to the west along the north right-of-way line of County Road 14A extended along the south boundary of the north half of Sections 51, 50 and 49 Laureles Farm Tracts to a point on the east right-of-way line of County Road 49; THENCE to the north along the east right-of-way line of County Road 49 being 20 feet east of the west boundary of Sections 49 and 36 Laureles Farm Tracts to a point on the south right-of-way line on County Road 18 being 20 feet south of the northwest comer of the south half of Section 36 Laureles Farm Tracts; THENCE to the east along the south boundary of County Road 18 being 20 feet south of the south boundary of the north half of Section 36 Laureles Farm Tracts to a point on the east right-of-way line of County Road 47 and 20 feet west of the southwest corner of the north half of Section 35; THENCE to the north along the east right-of-way line of County Road 47 and 20 feet east thereof the west boundary of Sections 35 and 28 Laureles Farm Tracts to a point 500 feet south of the centerline of FM 2444; THENCE to the east 500 feet south of and parallel to the centerline of FM 2444 to a point on the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts to a point; THENCE to the north along the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts 1000 feet, to the west right-of-way line of County Road 41 and the Corpus Christi city limits (Ordinance 022267, July 18, 1995) to the POINT OF BEGINNING. the Southside FM 2444 Area Page 4 of 12 Development Services Department October 14, 2014 Legal Department Southside FM 2444 Disannexation Area Map the Southside FM 2444 Area Page Development Services Department September 24, 21114 Legal Department Property Owner Signed and City Council Adopted Development Agreements Per Local Govemment Code 43.035 the Southside FM 2444 Area Page 6 of 12 Development Services Department September 24, 2014 Legal Department Attachment A: Thomas Edward Braman, Nueces County Appraisal District Tax Id. #: 4250-0030- 1001 A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-half (S 1/2) of Section 30 and the North one-half (W ½) of Section 33, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to - wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S. 1/2) of Section 30, Laureles Farm Tracts and the centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 43, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the western boundary line of a 157 acre tract out of the South one-half (S 14) of Section 30 and the North one-half (N ½) of Section 33, Laureles Farm Tracts; THENCE South along the eastern boundary of the Northeast, South one-half (S of Section 30 and the North one-half (N %) of Section 33, Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast South one-half (S 1/2) of Section 30 and the North one- half (N Y2) of Section 33, Laureles Farm Tracts; THENCE North along west side of said tract of land, 500.0 feet, also being in the center of County Road 43, to the POINT OF BEGINNING containing 44.88 acres of land less 4.90 acres of right-of- way for a total of 39.98 acres. mo0,00. mt MMI4A4 +CM m444mmt, a,* .0! I - Or. MV.4$140113i VM rt: r* &QV: 4aOAcNI the Southside FM 2444 Area Development Services Department September 24, 2014 Page 7 of 12 Legal Department Attachment B: James F. Nemec Family Real Property, Nueces County Appraisal District Tax Id. #: 4250-0028-020 A 27.064 acre portion, more or less, of a 160 acre tract of land situated in Nueces County Texas, out of that tract of land originally granted to Ramon de Ynojosa, called the "Rincon de Corpus Christi," Abstract No. 411, and being the Northwest One-fourth (NW %) of Section Twenty -Eight (28), of the Laureles Farm Tracts, bounded as follows, to -wit: BEGINNING at the southwest corner of this tract of land, being on the west boundary line of the Northwest One-fourth (NW '1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts and on the current right-of-way centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE North along west side of said tract of land, 500.0 feet to the northwest corner, also being in the center of the current right-of-way line of County Road 47; THENCE East, being 500.0 feet north of and parallel to the centerline of Farm -to -Market 2444, to the west boundary tine of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts; THENCE South along the western boundary of the Northeast, One-fourth (NE %) of Section Twenty - Eight (28) of the Laureles Farm Tracts, 500.0 feet to the southeast comer of this tract, also being in the center of Farm -to -Market 2444; THENCE West, along the current right-of-way centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 30.30 acres of land less 3.236 acres of righ-of-way for a total of 27.064 acres. ‘maTor=1=4,Z*e.e.s se. e 1 3.2:34mm, . <„, • *5 woo ^ ) •Ir. 1, e ne.en5+0...te OwlfespINA.AsOcherelAr* AmemMeertIva• the Southside FM 2444 Area Development Services Department September 24, 2014 Page 8 of 12 Legal Department Attachment C: Turnbull Land and Cattle, Ltd., Cuervo Ranch Holdings, Ltd., Staples Investment Partnership, and MPJ Assets, LLC., Nueces County Appraisal District Tax id. #: 425000280401 and 425000280500 owned in undivided interest A 24.79 acre tract, more or less, out of a 290.80 acre portion of the Southeast one-quarter (SE 14 ) of Section 28, Laureles Farm Tracts and 4.78 Acre, more or less Tract of land out of the Southeast one- quarter (SE % ) of Section 28, Laureles Farm Tracts , a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to - BEGINNING at the Northwest Corner of this tract of land, being the northwest corner of the Southeast one-quarter (SE % ) of Section 28, Laureles Farm Tracts and the centerline on Farm - to -Market 2444, having a right-of-way width of 100.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the northeast comer of the Southeast one-quarter (SE Y4 ) of Section 28, Laureles Farrn Tracts, also being the intersection with State Highway 286, having a right-of-way width of 100.00 feet; Thence South along the centerline of State Highway 286, 500.00 feet to the southeast comer of this tract; THENCE West, being 500 the west boundary line of Tracts; THENCE North, along the 28, Laureles Farm Tracts 3.33 acres of right-of-way .0 feet south and parallel to the centerline of Farm -to -Market 2444 to the Southeast one-quarter (SE ) of Section 28, Laureles Farm west boundary line of the Southeast one-quarter (SE % ) of Section to the POINT OF BEGINNING, containing 28.12 acres of land less for a total of 24.79 acres. e I 04449,:i.1 W..44 .4P*0 I 4o,o'r';'Wgra&tix *ttreamttisitle10002444*Va* Development Services Department September 24, 2014 j 44 ," Page 9 of 12 Legal Department Attachment D: Catherine Marie Sims Property 425000260001 425000270000 425000270200 425000360100 425000360300 425000370000 425000260000 425000270005 LAURELES FARM TRACTS LAURELES FARM TRACTS LAURELES FARM TRACTS LAURELES FARM TRACTS LAURELES FARM TRACTS LAURELES FARM TRACTS LAURELES FARM TRACTS LAURELES FARM TRACTS 159 ACS OUT OF SE/4 SEC 26 309 ACS OUT OF S/2 SEC 27 10 ACS OUT OF S/2 SEC 27 80 ACS OUT OF W/2 OF NW/4 SEC 36 240 ACS OUT OF NE/4 & E/2 OF NW/4 SEC 36 NE/4 SEC 37, 160 ACS 1 AC OUT OF SE/4 SECTION 26 1 AC OUT OF S/2 SECTION 27 11.1117414Ct6 Mehra 11.114,.." 1.291041; 1.14A11.10.0.4MOPOVVIS' r.4.0.111V.V4Sd£364,1116+11.4C ti ara cream* moat roe rep masa rac "'N I "e"' VONORE* MANI 'MCI. CM1116311111511VIRIF thiMELEI PAM 1144C11 /AT OW Of MS=11' roV0,1{P.PCM adifliyX400.1rtelitaffli.taKS, 5r, DeVelOpIllelt Area r the Southside FM 2444 Area Development Services Department September 24, 2014 Page 10 of 12 Legal Department Attachment E: Nueces County Appraisal District Tax Id. #: 425000280305, J.W. Owens A 22.21 acre tract, more or less, out of 120.0 acres, more or less, out of the South one- half (S 172) of Section 28 of the Laureles Farm Tracts and a portion of 10 acres, more or less, out of the South one-half (S %) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S 1/4) of Section 28 of the Laureles Farm Tracts and the centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444, to the northeast corner of the South one-half (S1/2) of Section 28 of the Laureles Farm Tracts; THENCE South along the eastern boundary of the South one-half (S of Section 28 of the Laureles Farm Tracts, 500.0 feet; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary fine of the South one-half (S1/2) of Section 28 of the Laureles Farm Tracts, also being in the center of County Road 47; THENCE North along the centerline of County Road 47, 500.0 feet to the POINT OF BEGINNING containing 25.25 acres of land less 3.04 acres of right-of-way for a total of 22.21 acres. 339M9CJA39183 329•4 1/9913333213337733G78113;393i7d7 Of HM48E373 397 1.7479921.3133.7 a • the Southside EM 2444 Area Page 11 of 12 Development Services Department September 24,2014 Legal Department Attachment F: Nueces County Appraisal District Tax Id. #: 4250-0028-0000, R.L. Owens A 6.20 acre tract, more or less, out of a 36.298 acre tract, out of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northeast comer of this tract of land, also being the northwest comer of the southeast corner of Section 28 of the Laureles Farm Tracts and the centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet; THENCE South along east side of said tract of land, 500.0 feet to the southeast comer of the Middle Portion of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts; THENCE North along the western boundary of the Middle Portion of the South one-half (S '12) of Section 28 of the Laureles Farm Tracts, 500.0 feet to the northwest corner of this tract, also being in the center of Farm -to -Market 2444; THENCE East, along the centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 6.89 acres of land less 0.69 acres of right-of-way for a total of 6.20 acres. R -O -W.: .69 Acres OWENS VP te‘OitELES RAM TRACTS VOOACS OUT OP SO c I. tAUREESS FARM TRACTS 152.62ACSOU the Southside FM 2444 Area Development Services Department September 24, 2014 Page 12 of 12 Legal Department E 12 N •L(p - i 6. UQ N .`s O c 0 1:, ,F O Q E 0 'r -98Z -Ann U _N 1 N"‘\\:\ I 0 O 0 ce 1 / to i(n 0 0 O VINVW %INYS t921J £9210 0 c� V U as-33IN £9210 W re U 0 U 0 0 AGENDA MEMORANDUM Future item for the City Council meeting of February 28, 2017 Action Item for the City Council meeting of March 21, 2017 DATE: TO: Margie C. Rose, City Manager February 14, 2017 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Resolution submitting a grant application to the State for the Justice Assistance Grant (JAG) Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $288,116 to the State of Texas, Criminal Justice Division, for funding eligible under the FY2016 Justice Assistance Grant (JAG) program for law enforcement equipment; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The City is requesting funds for law enforcement equipment. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug enforcement programs • Corrections, community corrections and reentry programs • Technology improvement programs • System assessment and program evaluation The funds will be used to enhance law enforcement efforts. 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 0 $288,116 $288,116 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the submission of a grant application in the amount of $288,116 to the State of Texas, Criminal Justice Division, for funding eligible under the FY2016 Justice Assistance Grant (JAG) program for law enforcement equipment; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $288,116 to the State of Texas, Criminal Justice Division, for funding eligible under the FY2016 Justice Assistance Grant (JAG) program for law enforcement equipment. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary 2 Corpus Christi, Texas of 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 Agenda for the City Council Meeting of February 28, 2017 Action Item for the City Council Meeting of March 21, 2017 DATE: February 16, 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 of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P. E., Interim Director of Street Operations andyL@cctexas.com (361) 826-1957 Resolution approving street selection process for Residential Street Rebuild Program (RSRP) CAPTION: Resolution approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP) PURPOSE: The purpose of this Agenda Item is to obtain approval of the candidate street selection process for the Residential Street Rebuild Program ("RSRP Guiding Principles"). 1 BACKGROUND AND FINDINGS: In 2012, the City began implementation of the Street Improvement Plan (SIP). The SIP is a strategy which addresses maintenance and repair of the entire street system. Residential/Local Street Reconstruction is the final element of the SIP for which program development, funding, and execution methodology is pending finalization. Staff has been working to develop a citywide Residential Street Rebuild Program (RSRP). On August 30, 2016 the Council passed a Resolution (No. 030938) approving Test Projects which would provide up-to-date costing information for residential street reconstruction/rehabilitation as well as experience in the proposed execution processes for the RSRP. With approval on November 8, 2016 of the Bond 2016 Residential Rebuild Project (Project) in the amount of $ 11,000,000, finalization of the proposed RSRP street selection criteria, evaluation matrix and process steps ("RSRP Guiding Principles") is necessary. Approval of this Resolution allows candidate street selection and evaluation for the Project to move forward. ALTERNATIVES: Council could not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item adheres to all City policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget (This element of work only) $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 2 Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS This item $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 BALANCE $0.00 $0.00 Fund(s): RECOMMENDATION: City staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation 3 Resolution approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP) WHEREAS, in 2012, the City began implementation of the Street Improvement Plan (SIP) to address maintenance and repair of the entire street system with residential/local street reconstruction being the final element of the SIP to be implemented; WHEREAS, in 2015, Residential and Local Reconstruction Fund 1042 was created in order that funds might be deposited specific to this element of the SIP in accordance with financial budgetary policies; WHEREAS, in June 2016, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council with recommendations for the Residential Street Rebuild Program (RSRP). WHEREAS, on August 30, 2016, by Resolution No. 030938, the City Council approved the Residential Street Reconstruction Test Project to define the scope and costs of the RSRP; WHEREAS, staff has proceeded to finalize the RSRP street selection criteria, evaluation matrix and process steps ("RSRP Guiding Principles"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports and directs staff to proceed with implementing the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP). ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Mayor 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 Residential Street Rebuild Program (RSRP) Bond 2016 Rebuild Project Council Presentation February 28, 2017 Corpus Christi's Street Network (March 31, 2015) ➢ Total Street System -1,234 Miles o 172 Miles Arterial Streets (14%) o 210 Miles Collector Streets (17%) o 852 Miles Residential/Local Streets & Alleys (69%) ➢ 2010 - Overall Condition of Street System o 20.3M Square Yards (SY) Total System o Approximately 50% of System in "Poor" Condition o Estimated Cost to Repair All Streets to "Good"- $ 967M ✓ $469M for Residential /Local in "Poor" Condition (5.7M SY) ✓ $368M for Arterial / Collector in "Poor" Condition (3.8M SY) ✓ $ 23M for Alleys in "Poor" Condition (0.3M SY) o Condition Result of 30 Years of Neglect ➢ 2014 - Current Estimate for Residential/Local Reconstruction o Estimated Cost to Repair to "Good" Condition - $881M (7.8M SY) (June 17, 2014) o $125/SY (Reconstruction); $80/SY (Rehabilitation) 2 City Street Network Condition (Total 20M Square Yards) ©PC13T 9 Local Street Improvement Plan (Originated 2012) f GORPus O G STREET PREVENTATIVE MAINTENANCE PROGRAM 4tt9,, I% RECONSTRUCTION ARTERIALS / COLLECTORS RECONSTRUCTION LOCAL / RESIDENTIAL 'MPROV ➢ Street Preventative Maintenance Program (SPMP) • All (Residential, Collector & Arterial) streets maintained • Preventative maintenance on all streets in GOOD condition • Primarily funded through SMF ➢ Arterial & Collector Reconstruction • Rebuild non-residential streets in POOR condition • Funded through Bonds ➢ Local/Residential Reconstruction • Test Projects for current costing • Bond 2016 Project ($11M) • No dedicated funding source identified ➢ Policy Considerations • Street design standards (from 20 to 30 year lifecycle) • Street cut policies 4 Street Improvement Plan (SIP) Current Funding ➢ FY17 STREET FUND (No. 1041) - $29.2M TOTAL $13.5M - Operations ✓ General Fund $15.7M- SPMP ✓ Street Fee ✓ RTA ✓ General Fund ➢ FY16 - STREET FUND Began adding $450K in Industrial District Revenue to Street Fund ➢ POLICY CONSIDERATIONS A OF CORPUS CAI, Cr -ty P REVENTATII MAINTENANCE PROGRAM POLICY CONSIDERATIONS RECONSTRUCTION LOCAL / RESIDENTIAL cP�� QNY' "MPROVE0 ➢ EVERY 2-4 YEARS BOND PROGRAM 2012 Prop 1 $55M Prop 8 $ 8.4M 2014 Prop 1 $55M Prop 2 $45M ➢ FY15 - FY17 STREET CAPITAL FUND (No. 1042) ✓ $1M/YR from GF ➢ FY16 STREET CAPITAL FUND ✓ Begin $440K/YR from Industrial District S. FY21 - FY22 STREET CAPITAL FUND ✓ Begin incremental r/s from GF S. FY23 Forward - STREET CAPITAL FUND ✓ Begin 1% from GF ➢ $13.5M Accumulated Over 10 Years ➢ BOND 2016 ADD 1 -TIME $11 PROGRAM 5 Street Improvement Plan 4 CHMS �QVgri GO 044 • 1111) W O POLICY L1 CONSIDERATIONS -�`` Policy Changes ➢ Design standards for street construction set to a 30 year lifecycle. Vertical . Curb & Gutter o Design Addresses the Following: r,E>d,a t a (current) ✓ Soil Conditions (Subgrade) ✓ Traffic Counts and T e / Compacted ed yl' Stabilized Suhgracie \ mestune Bae backfill ✓ Utility Depths and Locations (new) (new) ✓ Drainage (Surface Flow, Ditches, Underground Conveyance, etc.) ✓ Lifecycle Cost Analysis ✓ Market Conditions (Material Availability) ➢ Street Cut Policy o To reduce the number of street cuts o Requires larger patch/repair areas on cuts Residential Street Rebuild Program (RSRP) Program Development Discussion Residential Street Rebuild Program (RSRP) Bond 2016 - $11.0M Residential Street Rebuild Project Bond Ordinance language: "...for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, constructing (sic), reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way (including pedestrian and bike traffic lanes), sidewalks, streetscapes, collectors, drainage, landscape, signage, lighting, traffic signals (including networking hardware and software), acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),..." Bond 2016 Project $ 11,000,000 Design, Mgmnt, Inspection, Administration, etc. (20%) ($ 2,200,000) Construction $ 8,800,000 Residential Street Rebuild Program (RSRP) Rebuild Options > RECONSTRUCTION - ✓ Full depth treatment ✓ Construction of new pavement structure ✓ Complete removal & replacement of pavement surface and base w/subgrade stabilization ✓ Required when pavement structurally fails ✓ Limited replacement of curb & gutter, sidewalks, etc ✓ Limited utility work > REHABILITATION - N/ Limited treatment ✓ Resurface & rehabilitate existing roadway ✓ Partial recycling of existing pavement and/or base ✓ Restores structural serviceability & extends service life ✓ Minimal replacement of curb/gutter, sidewalks, etc ✓ Minimal utility work Residential Street Rebuild Program (RSRP) Pavement Condition Index (PCI) Distress Quantity Distress IYPe PCI A Di t ess Seve ity Standard PCI 100 Rating Scale 85 70 -\ 55 �/ 40 25 10 0 Dark Green Bright Green Yellow Rose Light Red Dark Red Gray 100 70 55 0 Custom PCI Rating Scale Figure 1: Pavement Condition Index (PCI) ranges may be customized and used for reporting analysis results. 11 PCI Degradation Curve Custom PCI 100 Rating Scale 70 55 Pavements should be managed, not simply maintained. Fair Standard PCI* Rating Scale Cost Escalation Curve 100 Good over time 85 $1 for 70 Rehabilitation Hire 55 Fair Poor 40 25 Serious Failed Significant Drop in Condition 10 0 i Small % of Pavement Life Will Cost $4 to $5 More *PCI = Pavement Condition Index Time Chart from NAPA report: A New Transportation Commitment for America (2007) 12 Residential Street Rebuild Program (RSRP) Reconstruction / Rehabilitation Ralston — Reconstruction Test Site Indian Wells Court— Rehabilitation Candidate Residential Street Rebuild Program (RSRP) TransMap Data • ase r.o� nay P -E • —Very roorva-lo) - sriaus(11 251 — Feisd(.10) w lmlkml Panoramic Image Residential Street Rebuild Program (RSRP) Bond 2016 Program Execution RESIDENTIAL / LOCAL STREETS Bond 2016 Condition PCI RTotal SY % of Total Avg. PCI I Option 1 (SYs) Option 2 (SYs) RECONSTRUCTION Failed 0 — 20 1,572,883 13% 12 I 35,2001 Very Poor 21-35 1,634,446 13% 28 REHABILITATE Poor 36 — 55 3,053,278 25% 46 I 55,00011 110,000tt Fair 56 — 70 2,003,030 16% 63 I Good >70 3,899,711 32% 84 Total 12,163,348 54 90,200 110,00o* tBased on $125/SY and tt$80/SY *Approximately 7.82 linear miles. Residential Street Rebuild Program (RSRP) Representation of Work Quantity 7 TYPICAL RESIDENTIAL STREET BLOCK SECTION I I I I I lilll I I ( PAVEMENT QUANTITY (800 X 24) + 9 = SQUARE YARDS (SYS) 2,133 = SYS 2,133 = D.15 MILES sco� r TYPICAL RESIDENTIAL BLOCK N 0.15 MILES 7.82 MILES r. 52 TYPICAL RESIDENTIAL BLOCKS 5 DISTRICTS = 10 RESIDENTIAL BLOCKS Residential Street Rebuild Program (RSRP) Apportion Funds By District District Total Network Residential/ Local Res./Local PCI <= 55 "Current Need" Square Yards "Need" in % of Total Linear Miles Need SYs Workedt Funding 1 2 3 4 5 5,191, 722 3,675,618 3,262,808 4,528,093 3,696,021 2,803,734 1,471,697 2,279,918 2,009,174 2,761,683 2,308,838 1,481,895 1,099,588 1,273,109 934,318 105 105 78 90 66 24% 24% 18% 20% 15% 25,858 26,037 19,320 22,369 16,416 $2,068,639 $2,082,973 $1,545,596 $1,789,500 $1,313,291 Total 20,354,262 12,163,348 6,260,607 445 100% 110,000* $8,800,000 tBased on $80 / SY. *Approximately 7.82 linear miles. Residential Street Rebuild Program (RSRP) Street Selection Steps Staff A/E ➢ Select First on PCI score ➢ Identify Streets Removed From SPMP ➢ Distribute Based on District Need ➢ Perform Extensive Field Work ➢ Apply Prioritization Criteria ➢ Coordinate with Utilities ➢ Score Candidate Streets against Matrix ➢ Produce Final List for 2018 Work Plan Residential Street Rebuild Program (RSRP) Evaluate & Prioritize Candidate Streets 4, 0., RESIDENTIAL STREET REBUILD PRIORITIZATION MATRIX Criterion High Rank Characteristic Ridability* Level of International Roughness Index (IRI) Safety (Road Hazards) Conditions causing vehicular damage Proximity to Schools* Closeness to a school Developed Frontage* Population count or number of improved lots (proxy) Utility Conflicts* Utility Department rank based on known conditions & costs Street Functionality Volume of traffic Concrete Work Extent to which concrete work is required *Ad Hoc Residential Street Infrastructure Advisory Committee recommended criteria Residential Street Rebuild Program (RSRP) Street Selection Matrix CRITERIA PRIORITIZATION ELEMENTS Description Weight Low Medium High 1 2 3 Rideability 10 % International Roughness Index (IRI): < 3.47 (m/km) IRI 3.47-6 IRI > 6 Safety (Road Hazards) 10 % No conditions that cause vehicular damage One or two conditions that cause vehicular damage Multiple conditions causing vehicular damage Proximity to Schools 10 % More than % mile 1/10th to % mile <= 1/10th mile Developed Frontage 10 % Less than 20% developed 20% to 60% developed More than 60% developed Utility Conflicts 25 % Significant utility work Minor utility work No utility work Street Functionality 10 % Low volume traffic (ie, deadend streets) Moderate traffic volume High volume traffic Concrete Work (Sidewalks, curb & gutter, driveways) 25 % Significant concrete work Moderate concrete work Minor concrete work 100% 20 Residential Street Rebuild Program (RSRP) Key Dates BOND 2016 RESIDENTIAL REBUILD TIMELINE 2016 2017 2018 2019 OCT NOV DEC IAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR RFQ- Design Firms Planning Presentation to Council Approval - Selection Process Award AE Contract 2018 Work Plan Development Approval - Work Plan Design Bid Construction 21 Residential Street Rebuild Program (RSRP) Discussion 22 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 28, 2017 Action Item for the City Council Meeting of March 21, 2017 DATE: February 17, 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 Contract Ennis Joslin Road Extension (Holly to Williams) Bond 2014 Proposition 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $4,683,389.20 for Ennis Joslin Road Extension (Holly to Williams) for the total base bid. (BOND 2014 Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Ennis Joslin Road Extension Project (Holly to Williams). BACKGROUND AND FINDINGS: Bond 2014 Brochure Description: "Ennis Joslin Road Extension (Holly to Williams) — This project will construct the missing gap in Ennis Joslin from Holly to Williams." Project Scope: This project extends Ennis Joslin Road from Holly to Williams with a 5 -lane Hot -Mix Asphalt Concrete (HMAC) roadway with four travel lanes and a continuous center turn lane. Improvements include new concrete bus stops, curb & gutter, sidewalks, ADA ramps, cycle tracks and pavement markings. Utility improvements include new storm water, wastewater, water and gas. Storm water improvements include construction of new curb inlets with underground conveyance to an open channel from Ennis Joslin east to Paul Jones and then south to an outfall into Oso Creek watershed. City crews will install the new gas pipeline. This project was designed and bid with a HMAC pavement section. The sections of pavement being connected, north of Williams and south of Holly, are both HMAC. Design contracts for the Bond 2014 Proposition 1 & 2 projects required the designers to provide a lifecycle cost analysis and pavement recommendation with their preliminary design reports. The design engineer (Urban Engineering) for Ennis Joslin Road Extension (Holly to Williams) project determined that HMAC was the most cost effective pavement material. All the land was dedicated except for one small parcel which had to be acquired. On January 25, 2017, the City received proposals from five (5) bidders and the bids are as follows: Contractor Base Bid Haas -Anderson Construction, Ltd. Corpus Christi, Texas $4,683,389.20 Bay, Ltd. Corpus Christi, Texas $4,997,168.80 J E Construction Services Corpus Christi, Texas $5,059,463.36 Clark Pipeline Services Corpus Christi, Texas $5,337,901.49 Reytec Construction Services, LLC Corpus Christi, Texas $6,262,547.60 Engineer's Opinion of Probable Cost $5,900,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering is the design engineer that was selected for this project under RFQ 2014-08. 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 $419,180 $5,606,655.00 $0 $6,025,835.00 Encumbered / Expended Amount 419,180 0.00 0 419,180.00 This item 0 4,683,389.20 0 $4,683,389.20 Future Anticipated Expenditures This Project 0 880,737.80 0 880,737.80 BALANCE $0 $42,528.00 $0 $42,528.00 Fund(s): Comments: N/A RECOMMENDATION: City staff and Urban Engineering recommend the construction contract be awarded to the lowest responsive and responsible bidder, Haas -Anderson Construction, Ltd., in the amount of $4,683,389.20 for the Ennis Joslin Road Extension (Holly to Williams) project for the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation Engineering Letter Report (ELR) City Council Action Requests (CCARS) PROJECT BUDGET ESTIMATE Ennis Joslin Extensioin Holly Road to Williams Drive BOND 2014 Proposition 2 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 2 $ 3,400,000 Storm Water CIP 1,885,500 Wastewater CIP 417,200 Water CIP 265,000 Gas CIP 58,135 TOTAL FUNDS AVAILABLE $ 6,025,835 FUNDS REQUIRED: Construction Fees: Construction (Haas -Anderson) THIS ITEM $ 4,683,389 Streets 2,387,277 Utilities 2,296,112 Storm Water 1,505,296 Water 166,878 Wastewater 571,088 Gas 52,850 Contingency (10%) 468,339 Construction Inspection and Testing Fees Construction Inspection 165,710 Construction Phase - Materials Testing Services (Rock) 46,059 211,769 Design Fees and Land Acqusition• 438,036 *Engineering Design (Urban) Original and Amendment No. 1 408,980 Geo Technical Testing (Rock) 10,200 Land Acquistion 18,856 Reimbursement Fees 181,774 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 60,258 Engineering Services (Project Mgt/Constr Mgt) 120,516 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 5,983,307 ESTIMATED PROJECT BUDGET BALANCE $ 42,528 401, ea krilo ,.... ‹,- 0 ce ..L., = o/2 " '.Jr LP 17, kr.k? et -67e ict ,i -k 't Itk4 go, 4e,,, si e ..i 7riT4 -% a:. C4/ Lr* Or 4 r coa 057] PROJECT LOCATION L. .•zt M LOCATION MAP NOT TO SCALE TO C.r.11/40A G40,,15 Q1,0 Op.ritit FLOUR Project Number: E1510 Ennis Joslin Road Extension (Holly to Williams) Bond 2014 Prop 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Ennis Joslin Road Extension Holly Road to Williams Drive BOND 2014 Proposition 2 Corpus Chr sti Engineering Council Presentation February 28, 2017 Project Location �hrsti Engineering Project Vicinity �hrsti Engineering Offsite Drainage Improvements Ennis Joslin Road Cross Sections 0 �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 6" HMAC 14" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT GEOGRID CYCLE TRACK inn RCMP CENTER TURN — LANE SIDEWALK BUFFER TRAVEL LANES CYCLE TRACK TRAVEL LANES BUFFER SIDEWALK 4 Project Scope �hrsti Engineering The extension of Ennis Joslin Road from Holly to Williams includes: • New Hot -Mix Asphalt Concrete (HMAC) 5 -lane roadway (4 travel lanes and a continuous center turn lane) with concrete bus stops • New curb & gutter, sidewalks and ADA ramps with adjacent cycle tracks • Underground utility improvements include wastewater, water and gas (Gas improvements will be by City crews) • Storm Water improvements include both underground and 1,585 LF open channel • This project will allow immediate development of adjacent properties and improve access to existing neighborhoods and Veteran High School. Project Schedule �hrsti Engineering 2017 2018 J FMAMJJ ASONDJF Bid/Award MR Construction Construction Estimate: 330 days 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: 2017462229 Date Filed: 02/04/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Haas -Anderson Construction, Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E15109 Ennis Joslin Road Extension - Holly Road to Williams Drive - Bond 2014 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Haas, Darryl Corpus Christi, TX United States X Anderson, Jim Corpus Christi, TX United States X Parish, Jim Corpus Christi, TX United States X Lamon, Tim Corpus Christi, TX United States X Cullen, Drew Corpus Christi, TX United States X Moore, Randall Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 44:3 ` ,...., NI CAVE NOTARY PUBLIC0:21----, ds Signature of authorized agent of contracting business entity / said Mei/ ;6,,lie.)-1 this the 6 day of e NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the 1 , to certify which, witness my hand and seal of office. / ,f' P A n rv- s , 1 -)'' 1-N AN AL (:‘,..„ _s__--, Signature of officer administering oath Printed name of officer administering oath Title of officer adminis ing oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 February 2, 2017 Jerry Shoemaker, P. E. City of Corpus Christi P 0 Box 9277 Corpus Christi, Texas 78469 Job No. 08896.135.04 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Subject: ENNIS JOSLIN ROAD EXTENSION HOLLY ROAD TO WILLIAMS DRIVE (BOND 2014) City Project No.: E15109 Dear Jerry: Urban Engineering has received a copy of, and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required in the Statement of Experience submitted by two of three low bidders (Haas -Anderson and JE Construction Services, LLC). We have investigated and found the bid package and experience record of Haas -Anderson Construction, Ltd., the apparent low bidder, to be satisfactory. Attached please find a Bid Tabulation and a copy of the Statement of Experience. It is the recommendation of Urban Engineering that the subject project be awarded to Haas - Anderson Construction, Ltd., if the funds are available, for the Total Base Bid not including alternative of $4,683,389.20. MFH/ek Enclosure xc: Haas -Anderson Construction, Ltd. (361)854-3101 Sincerely, URBAN ENGINEERING Murray F. Hudson, P. E. 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 • PAVING OUR FUTURE Ennis Joslin Road Extension (Holly to Williams) (Bond 2014) Engineering Letter Report (FINAL) Prepared For: City of Corpus Christi Capital Programs P.O. Box 9277 Corpus Christi, TX 78401 City Project No. E15109 Submitted By: ILEURBAN ENGNEERING 2725 Swantner • Corpus Christi, TX 78404 T 361.854.3101 F 361.854.6001 TBPE Firm #145 UE Job No. 08896.B5.04 Engineering Letter Report section), then taper to the standard section. The standard section is necessary to facilitate traffic flow to the existing Ennis Joslin Road south of Holly Road. Two distinct structural pavement section designs will be presented by RETL in the geotechnical engineering report. Flexible pavements are typically comprised of sub -base, base and asphaltic concrete material layers. This type of section is relatively inexpensive and can be used in a variety of applications. Due to its flexible properties, it has traditionally been used in areas where existing soil conditions can be variable and have potential for movement. The application of a flexible pavement section to the conditions encountered for Ennis Joslin Road is appropriate. However, flexible pavements do require regular maintenance to achieve their full service life. Rigid pavement sections consist of a sub -base and concrete paving. This type of section is very durable and requires less long term maintenance than do similar flexible pavements. However, its initial costs are generally higher. We recommend contract documents be based on a flexible pavement section. The existing Ennis Joslin Roads, at the north and south ends of the project are flexible pavement sections. Therefore, pavement section types will be consistent and demonstrate continuity throughout the various projects within this area of town. Cycling routes were analyzed with the intention of providing a cycling path at a reasonable cost. Several types of paths were analyzed; including: bike lanes, cycle tracks, multi -use sidepaths, and relying on future projects to provide an off-site path for cyclists in the area. A multi -use sidepath provides significant cost savings (+1- $100,000) over bike lanes, and seperates cyclists from the vehicular street traffic. The Multi -use sidepath was coordinated with the MPO and Capital Programs. LEURBAN ENGINEERING Ennis Joslin Road Extension — Holly Road to Williams Drive (Bond 2014) City Project No.: E15109 Page 12 of 26 AMENDMENT ENGINEERING LETTER REPORT ENNIS JOSLIN ROAD EXTENSION #E15109 8896.B5.04 Oct. 2015 The Engineering Letter Report (ELR) recommends use of flexible pavement section to retain continuity with existing sections at each end of project. Additional factors supporting this recommendation are fact that geometry proposed may change in future rehabilitation work and flexible pavements provide better potential for expansion than do rigid pavements. Finally, cost is a significant factor driving this project and flexible pavements have a significantly lower upfront cost and similar long term cost. Attached is an analysis comparing initial cost factors associated with flexible and rigid pavements for this project. Murray F. Hudson, R.E. Urban Engineering (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbcnen0.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Typical Pricing Differences between Concrete (Rigid) and Hot -Mix (Flexible) Type Pavements in City of Corpus Christi Concrete Pavement Pricing Item Unit Price Quantity Unit Extension 8" Conc. $ 8.00 157,500 SF $ 1,260,000.00 1" TY D $ 10.00 17,500 SY $ 175,000.00 6" Base $ 14.00 18,700 SY $ 261,800.00 12" Subgrade $ 4.00 18,700 SY $ 74,800.00 Block Curb $ 4.00 5,314 LF $ 21,256.00 Excavation $ 8.00 15,000 Sy $ 120,000.00 $ 1,912,856.00 Flexible Pavement Pricing Unit Cost @ $17,500 SY $109.31/SY Item Unit Price Quantity Unit Extension Unit Cost @ $17,500 SY Excavation $ 10.00 15,000 SY $ 150,000.00 2" TYD $ 11.00 17,500 SY $ 192,500.00 4" TY B $ 18.75 17,500 SY $ 328,125.00 Prime Coat $ 0.50 17,500 SY $ 8,750.00 14" Base $ 27.00 18,700 SY $ 504,900.00 Geogrid $ 3.45 18,700 SY $ 64,515.00 12" Subgrade $ 5.00 18,700 SY $ 93,500.00 C & G $ 21.00 5,314 LF $ 111,594.00 $ 1,453,884.00 $83.08/SY Premium for Concrete Pavement vs. Flexible Pavement is ± 25% 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 28, 2017 Action Item for the City Council Meeting of March 21, 2017 DATE: February 28, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities Dang@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Supply Agreement for Sludge Dewatering Polymer for Wastewater Plants CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Polydyne, Inc., of Riceboro, Georgia for the purchase of Sludge Dewatering Polymer ("chemical") in response to Request for Bid No. 991 based on the lowest, responsive, responsible bid for a total amount not to exceed $96,946.20, with an estimated expenditure of $48,473.10 in FY2016-2017 and funded by the Wastewater Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for Sludge Dewatering Polymer for Wastewater Plants. BACKGROUND AND FINDINGS: Polymer is used for de -watering of digested sludge using belt filter presses at the City's Allison, Broadway, Greenwood, Laguna Madre, Oso and Whitecap Wastewater Treatment Plants. Only chemicals known as organic polymer, which are synthetic, high molecular weight, water-soluble polyelectrolytes, manufactured specifically for use as flocculants for sludge conditioning will be allowed. 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 — Wastewater FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,612,381.03 $48,473.10 $2,660,854.13 Encumbered / Expended Amount $1,598,121.87 $0.00 $1,598,121.87 This item $48,473.10 $48,473.10 $96,946.20 BALANCE $965,786.06 $0.00 $965,786.06 Fund(s): Wastewater Comments: The initial contract term total is $96,946.20, of which $48,473.10 will be funded in FY2016- 2017. The total estimated contract value will be $290,838.60 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 991 SLUDGE DEWATERING POLYMER FOR WASTEWATER PLANTS ITEM DESCRIPTION UNIT QTY * Univar USA, Inc. Kent, Washington Solenis, LLC Wilmington, Delaware ** Color Source, Inc. Corpus Christi, Texas ***Sterling Columbia, Tennessee "" Kemira Water Solutions Lawrence, Kansas Polydyne, Inc. Riceboro, Georgia UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Sludge Dewatering Polymer Allison Treatment Plan} LBS 16,000 NO BID $ 0.83 $ 13,280.00 NO BID NO BID NO BID $ 0.702 $ 11,232.00 2 Sludge Dewatering Polymer Broadway Treatment Plant LBS 18,700 NO BID $ 0.83 $ 15,521.00 NO BID NO BID NO BID $ 0.702 $ 13,127.40 3 Sludge Dewatering Polymer Greenwood Treatment Plan} LBS 39,000 NO BID $ 0.83 $ 32,370.00 NO BID NO BID NO BID $ 0.702 $ 27,378.00 4 Sludge Dewatering Polymer Laguna Madre Treatment Plant LBS 6,900 NO BID $ 0.83 $ 5,727.00 NO BID NO BID NO BID $ 0.702 $ 4,843.80 5 Sludge Dewatering Polymer Oso Treatment Plan} LBS 55,200 NO BID $ 0.83 $ 45,816.00 NO BID NO BID NO BID $ 0.702 $ 38,750.40 6 Sludge Dewatering Polymer Whitecap Treatment Plan} LBS 2,300 NO BID $ 0.83 $ 1,909.00 NO BID NO BID NO BID $ 0.702 $ 1,614.60 Total NO BID $ 114,623.00 NO BID NO BID NO BID $ 96,946.20 * Bidder showed interest in submitting a letter of no bid however, was not able to meet requirements at this time. ** Bidder provided a response of no bid. *** Bidder showed interest in submitting a letter of no bid however, was unable to offer a competive bid at this time. **** Bidder showed interest in submitting a letter of no bid however, was unable to offer a bid at this time. SUPPLY AGREEMENT NO. 991 Sludge Dewatering Polymer for Wastewater Plants THIS Sludge Dewatering Polymer for Wastewater Plants Supply Agreement (Agreement) is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Polydyne, Inc. ("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 Sludge Dewatering Polymer for Wastewater Plants in response to Request for Bid No. 991 ("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: Scope. Supplier will provide Sludge Dewatering Polymer for Wastewater Plants in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $96,946.20, 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 7 under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gerald Garcia Department: Wastewater, Utilities Treatment Phone: 361-826-1806 Email: GeraldG@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier 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. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/6 Page 2 of 7 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 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract/ Fund Administrator Address: 2726 Holly Road Utilities Department Corpus Christi, Texas 78415 Fax: 361-8261715 IF TO SUPPLIER: Polydyne Inc. Attn: Rick Johnson Title: Regional Sales Manager Address: One Chemical Plant Rd. Riceboro, Georgia 31323 Fax: 912-880-2078 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 7 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. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contdined herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 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 Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: Printed Name: Mark Schalg Title: Vice -President Date: 2/9/17 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. 991 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 1.1 Attachment A: Scope of Work General Requirements/Background Information It is the intent of this specification to describe polymers to be used for de -watering of digested sludge using belt filter presses at the City's Allison, Broadway, Greenwood, Laguna Madre, Oso and Whitecap Wastewater Treatment Plants. Only chemicals known as organic polymer, which are synthetic, high molecular weight, water-soluble polyelectrolytes, manufactured specifically for use as flocculants for sludge conditioning will be allowed. 1.2 Product Specifications A. Polymers shall be emulsion -type only, readily and completely miscible in water at all dilutions and temperatures, and capable of being diluted to any ratio needed to meet dosage requirements. The product shall be a cationic copolymer of acrylamide. The product shall contain no formaldehyde. Active solids concentration must be a minimum of 40%. The polymer materials shall have a shelf life of at least six months at ambient temperatures. The polymer materials in both concentrated and dilute form shall not require special handling, nor shall they pose hazards to employees working with them. The polymer shall not contain any substances which are inhibitory or toxic to bacteria essential to wastewater treatment processes. The materials shall not cause corrosion problems to the City's equipment. The polymers must be compatible with the City's existing storage and handling facilities. B. The product must meet the following performance specifications for each of the City's wastewater treatment plants. Failure to meet these specifications will result in that product being deemed non -conforming: PLANT MINIMUM FEED RATE (gallons/min) MINIMUM FEED SOLIDS MAXIMUM FILTRATE SOLIDS MINIMUM CAKE SOLIDS MAXIMUM POLYMER DOSAGE (lbs/dry ton) ALLISON 70 2 200 16 15 BROADWAY 100 2 200 24 15 GREENWOOD 100 4 200 24 15 OSO 160 2 200 16 15 LAGUNA MADRE 70 2 _ 200 16 15 WHITECAP 70 2 200 16 15 RFB Template 10.10.16 C. PERFORMANCE REQUIREMENTS FOR POLYMER USED AT BROADWAY CENTRIFUGES The Broadway Wastewater Treatment Plant is the only plant using centrifuges. The polymer used for the centrifuges will comply with all other elements of the Performance Specification, expect as amended here: 1. Solids concentration of waste activated sludge: Minimum 10,000 mg/I. 2. Volatile Content of Solids: Less than 74 percent. 3. Total Sludge Feed Rate: a. Design: 450 gallons per minute. b. Minimum: 280 gallons per minute. 4. Total Diluted Polymer and Sludge Feed Rate: a. Design: 500 gallons per minute. b. Minimum: 300 gallons per minute. 5. Cake Dryness: a. At Design Sludge Feed Rate: Minimum 18 percent total solids b. At Minimum Sludge Feed Rate: Minimum 22 percent total solids 6. Maximum centrate total suspended solids: 200 mg/I 7. Maximum polymer dose: 15 lbs. polymer per dry ton solids 1.3 Delivery A. Polymers shall be delivered in 250 gallon totes provided by the Supplier, and unloaded at the wastewater treatment plants. The Supplier shall provide any special equipment necessary for unloading. Deliveries shall be made between 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding holidays, unless otherwise instructed. The frequency of deliveries is dependent upon the requirement of keeping a two-week minimum inventory of polymer for sludge de -watering. The City reserves the right to inspect and reject any polymer shipment if the polymer is defective, or does not meet the requirements of these specifications. Supplier shall invoice each delivery separately. Pricing calculation shall be based on pounds of product delivered. No minimum or maximum purchase of polymer is guaranteed by the City within the duration of the contract. B. Deliveries will be made to the following wastewater treatment plants: Allison Treatment Plant - 4104 Allison Drive, Corpus Christi, Texas Broadway Treatment Plant - 1402 W. Broadway, Corpus Christi, Texas Greenwood Treatment Plant - 6541 Greenwood Drive, Corpus Christi, Texas Laguna Madre Treatment Plant - 201 Jester, Corpus Christi, Texas Oso Treatment Plant - 601 Nile, Corpus Christi, Texas Whitecap Treatment Plant - 13409 Whitecap Blvd., Corpus Christi Texas RFB Template 10.10.16 1.4 Quality Control and Technical Support The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier shall provide technical assistance as needed to ensure that the polymer is performing as per the specifications and that the polymer is being used in the most cost effective manner. 1.5 Special Instructions All materials supplied must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. Safety Data Sheets (SDS) essentially similar to the U.S. Department of Labor form LSB-00 S-5 shall be furnished with the materials delivered. RFB Template 10.10.16 Attachment B: Bid/Pricing Schedule 4 itV• aire i* I II r CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 991 SLUDGE DEWATERING POLYMER FOR WASTEWATER PLANTS PAGE 1 OF 1 .852 Date: 1/12/17 Authorized 411141 Bidder: Polydyne Inc. Signature: Ma Schlag, Vice -President 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Sludge Dewatering Polymer - Allison Treatment Plant CE -1856 LBS 16,000 $0.702/Lb. $11,232.00 2 Sludge Dewatering Polymer - Broadway Treatment Plant CE -1856 LBS 18,700 $0.702/Lb. $13,127.40 3 Sludge Dewatering Polymer - Greenwood Treatment Plant CE -454 LBS 39,000 $0.702/Lb. $27,378.00 4 Sludge Dewatering Polymer £E-1325LBS Laguna Madre Treatment Plant 6,900 $0.702/Lb. $ 4,843.80 5 Sludge Dewatering Polymer - Oso Treatment Plant CE -1323 LBS 55,200 $0.702/Lb. $38,750.40 6 Sludge Dewatering Polymer - LBS 2,300 $0.702/Lb. $ 1,614.60 Whitecap Treatment Plant CE -1856 Total $96,946.20 Attachment C: Insurance Requirements No insurance requirement needed for this supply agreement. Attachment D: Warranty Requirements No warranty requirement needed for this supply agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-164687 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. Polydyne Inc. Riceboro, GA 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. 199 Supply and Delivery of Polymer 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct, Mark AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said May-K... SC.I/ Signa u °Authorized agent of contracting business entity SchAlg, Vice -President ( , this the day of ___A__ _z 20 1 7 to certify which, witness my hand and seal of office. 1hk Pamela McD my commiJ. ermitt iskIterY Public itA51,44J- ssio.._, . 1 .WireiS Jiffy 28, AJG Signature of officer administer g oath Printed name of officer administering oath Title ofVar administeri g 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 28, 2017 Action Item for the City Council Meeting of March 21, 2017 DATE: February 22, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Service Department JulioD@cctexas.com 826-3276 Resolution authorizing the City Manager or designee to execute a disannexation agreement CAPTION: Resolution authorizing the City Manager or designee to execute a disannexation agreement with Chapman Ranch Wind I, LLC, a Delaware limited liability company, for annexed parts of Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41 PURPOSE: The purpose of disannexation agreement is to restrict wind turbines within the disannexed area. BACKGROUND AND FINDINGS: On October 14, 2014, the City annexed Laureles Farm Tracts adjacent to the city limits located in Nueces County along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41. There are no existing commercial wind farms in the area. The City has negotiated a disannexation agreement with Chapman Ranch Wind I, LLC to restrict commercial wind farms in the proposed disannexed area. ALTERNATIVES: Not enter into the dis annexation agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Yes EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of the Resolution authorizing the City Manager or designee to execute a disannexation agreement with Chapman Ranch Wind I, LLC, LIST OF SUPPORTING DOCUMENTS: Resolution with Disannexation Agreement attached Resolution authorizing the City Manager or designee to execute a disannexation agreement with Chapman Ranch Wind I, LLC, a Delaware limited liability company, for annexed parts of Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute the attached Disannexation Agreement with Chapman Ranch Wind I, LLC, a Delaware limited liability company, for annexed parts of Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41 and further is further authorized to execute documents related thereto in a form approved by the City Attorney. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of 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 Disannexation Agreement This Agreement made effective as of February 22, 2017 (the "Effective Date") is by and between the City of Corpus Christi (the "City") and Chapman Ranch Wind 1, LLC, a Delaware limited liability company ("Chapman"). WHEREAS, on October 14, 2014, the City annexed parts of Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41; WHEREAS, this is not an agreement pursuant to Texas Local Government Code §212.172 and does not constitute a permit pursuant to Texas Local Government Code Chapter 245. WHEREAS, Chapman is the developer of the Chapman Wind Project, which is located in Nueces County, Texas, in the vicinity of the area depicted as "Restricted Area" in Exhibit A and areas adjacent thereto; and WHEREAS, Chapman owns lease rights to develop, construct and operate wind turbines in the area depicted as the "Restricted Area" in Exhibit A. NOW, THEREFORE, the City and Chapman agree as follows: 1. Term. The term of this Agreement shall be 25 years from the Effective Date (the "Term"). Thereafter, the Agreement shall automatically extend for successive additional 1 -year terms unless either party provides the other written notice of non -extension at least 30 days prior to expiration of the then current term. Notwithstanding, this Agreement may be terminated by either party on at least 180 days written notice to the other party, with or without cause, provided that the Agreement cannot be terminated within one year after the Effective Date. Termination prior to the end of the Term other than as prohibited in the foregoing sentence shall not entitle either party to the damages specified in Section 5(C) herein. 2. Land Uses in Restricted Area. During the Term of this Agreement, Chapman will not construct, develop or operate any wind turbines in excess of 100 feet in height in the Restricted Area. Further, during the Term of this Agreement, Chapman will not sell, grant or otherwise transfer its rights to construct, develop or operate any wind turbines in excess of 100 feet in height in the Restricted Area. In addition, during the Term of this Agreement, Chapman will not encourage its subsidiaries or affiliates to construct, develop or operate any wind turbines in excess of 100 feet in height in the Restricted Area. 3. Successors and Assigns. Chapman's agreement to not sell, grant or otherwise transfer any of its rights to construct, develop or operate any wind turbines in the Restricted Area in excess of 100 feet in height to any other entity shall not limit a sale or change in control of Chapman. In case of such sale or change in control of Chapman, a successor party will continue to be bound to the tends of this Agreement, and shall promptly notify the City of such change in control. 4. Annexation. Within the first six (6) months following the Effective Date, the City agrees to disannex the parts of the Restricted Area that are in the City limits of Corpus Christi. City shall not re -annex or annex territory forming part or all of the Restricted Area unless: 1 a. Wind turbines exceeding a height of 100 feet are proposed, permitted, or constructed on portions of the restricted area, in which case, the City may annex the tracts of land containing and adjacent to the tracts upon which said wind turbines are proposed and which are necessary to provide utilities to said tracts or provide for contiguity for purposes of annexation. b. A landowner or landowners in the Restricted Area requests annexation, in which case the City may annex the tracts of land containing and adjacent to the tracts upon which said annexation is requested and which are necessary to provide utilities to said tracts or provide for contiguity for purposes of annexation. c. A landowner or landowners in the Restricted Area develops, subdivides or files a preliminary or final plat for subdivision of his property, in which case, the City may annex the tracts of land developed, subdivided, or subjected to preliminary or final plat and such further tracts of land which are necessary to provide utilities to the subdivided, developed, or platted tracts or provide for contiguity for purposes of annexation. In the case of annexation pursuant to the foregoing subsections (b) and (c), the City shall provide prior notice to Chapman no later than five (5) business days after receipt of a landowner request or application. 5. General Terms and Conditions: A. Entire Agreement. This Agreement contains the entire agreement of the Parties, and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. B. Notice. Any notice to the Chapman or the City concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to Chapman or the City at the appropriate respective addresses set forth below. Chapman must notify the City of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: City: City of Corpus Christi Attn: City Manager. 1201 Leopard Street, 5th Floor Corpus Christi TX 78401 Phone: 361-826-3220 Fax: 361-826-3845 With Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street, 5th Floor Corpus Christi TX 78401 Phone: 361-826-3360 Fax: 361-826-3239 2 Chapman: Chapman Ranch Wind I, L.L.C. c/o Enbridge (U.S.) Inc. 1100 Louisiana Suite 3300 Houston, TX 77002 Attn: Corporate Secretary Facsimile: (713) 821-2229 With Copy to: Enbridge Inc. 200, 425 —1st Street S.W. Calgary, AB T2P 3L8 Attention: Vice President, Green Power, Transmission & Emerging Technology Attention: Vice President, Corporate Law & Deputy General Counsel Facsimile: (403) 231-7380 Email: legalnotices@enbridge.com C. Damages, Severability, Waiver. Violation of any portion of this Agreement shall, after affording the defaulting party reasonable notice and opportunity to cure, exempt the other party from performance of its duties pursuant hereto and shall not entitle either party to damages in law or equity except that violation by the City shall entitle Chapman to obtain abatement of any annexation proceedings for a period of up to 365 days and violation by Chapman shall entitle the City to immediately initiate annexation of the Restricted Area. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. D. Representations and Warranties. Chapman hereby represents and warrants to City as of the Effective Date as follows: Chapman has acquired lease rights for properties located in the "Restricted Area" of Exhibit A (the "Leases") which permit Chapman the right to locate above ground wind power facilities on each such property for the duration of each respective Lease. The Leases have an initial operation term exceeding 25 years; and ii. Chapman Ranch Wind I, LLC has acquired these lease rights as a result of (a) direct lease agreements with the landholders to certain lands in the Restricted Area; or (b) Memorandum of Assignment and Assumption Agreements with Element Markets, LLC dated as June 1, 2015, but effective May 27, 2010 as recorded in the Nueces County, TX records on July 31, 2015 as Document # 2015029442. E. Applicable Law and Venue. The laws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Sole venue will be in a court of appropriate jurisdiction in Nueces County, Texas. 3 F. Exhibits, Headings. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. G. Relationship of Parties. In perfoiriiing this Agreement, both the City and Chapman will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. H. Survival of Terms. All representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this agreement. I. No Third -Party Beneficiary. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party hereto or give any third person any right of subrogation or action over or against any party to this Agreement. EXECU'I"ED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. City of Corpus Christi Chapman Ranh Wind I, LLC Margie C. Rose City Manager Date ATTEST: Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney for City Attorney State of Texas County of Nueces Name: Chris Kaitson Ti e: Vice President �vtA.kw, ZZ, 2t 1 Date 4 This instrument was acknowledged before me on this day of , 2017 by Margie Rose, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. State of a County of E-(5 § This inst ,ri s ent h�as acknowledged before ZS �1�I , as 0 Notary Public nk- on this �Z! day of ___ a Delaware limited liability company, on behal ltidtcile R. Williams q�?�C�� Commission Expires Fp�'<c 04-04-2017 f of the campany. of Chapman Ran 2017 by Wind 1, LLC, Notary Public 5 8 Robstown ISD I 3 a r • u • CR22-s CR 28A West Oso ISO KNESIK 20 w CR R2200B RA Bishop Cons. ISD a ir CR IS 0 CR 14E 1 -CR 14 'CR 14A CR 12 • - CR 10 N..., . . s.. ls VVYATT, RD CR 26 CRil6 CR 26 414•4. No N 7kar, <4, /4.4s, 00, ‘.2 er *Qv, cr o a- ,Ot .tv '904,4t. *41 0, , 6,_1? °If ilt4 44 ° 0' 4- <04 2.4. c) o "41p u<o, 4.0 II 0/i 4'0 '9'DR cr .•*.Y -'., 47.1)/01. e g. . 4,„ ko .., g .„. 0h'4, 1 ! Corpus Christi ISD 4' 49 6., a. 4 41' . c 0 0 v• • a z z o 4- 0 4. rii ee -6, # ,9 0 4reG4 4 `61. ix •s- .1/4 .. ot,.., -..., ,.., < A? 47 41i o --'940 S 4- 4:, 4 Q" O ,. 9eoito - . CO4t. . ... re • T 4 . , 4.'e ce 080 pKivv. 02.04, 44 ,f CR ‘0 ,c4s, 0 < —Mr ipt;r0 O RR k0,9247 'O I% 4?/, rt u • 17 it Au ' ko -lb 4,0 04, ko o I .90 a 'ea 4 o4, 9 O C? Cr re 41 41- u •*- 0 ,9,. p a or ri• 94- 0 2 T • • • ' R 2 -P 2 g, ,te r ° 2 et ,ty 9 _ -..-. 1r.' 1 044 49 SOLITH,punwelt;0 CR 20A CR 8 WINN RD Nueces County Flour -Bluff ISD Laguna Madre Exhibit A Kleberg County City of Corpus Christi Legend I:=1 Chapman Ranch Wnd Farm Boundary E=3 Restricted Area Corpus Chnstl Extrartortitorial J don r/ovalopinontAgraemontAroa (1.6 Sr:IMMO Corpuo Chnsti Gay Londe S ol District. 0 00 2 AGENDA MEMORANDUM Presentation Item for the City Council Meeting of February 28, 2017 DATE: TO: February 17, 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 UPDATE TO CITY COUNCIL Regional Parkway Planning & Environmental Linkages Study STAFF PRESENTER(S): Name Title/Position 1. Valerie H. Gray, P. E. Executive Director Department Public Works 2. Raymond Chong, P. E. City Traffic Engineer Traffic Engineering OUTSIDE PRESENTER(S): 1. Robert E. Leahey, P. E. Vice President HDR 2. Jeff Pollack Transportation Planning Director Corpus Christi Metropolitan Planning Organization BACKGROUND: Every metropolitan area with a population of more than 50,000 residents must have a designated Metropolitan Planning Organization for transportation in order to qualify for federal highway or transit assistance. The Corpus Christi Metropolitan Planning Organization is the MPO for the Corpus Christi urbanized area and covers portions of Nueces and San Patricio counties. The MPO consists of the following governmental jurisdictions: • The City of Corpus Christi, • The City of Portland, • Nueces County, • San Patricio County, • Regional Transportation Authority, • Port of Corpus Christi Authority, and • Texas Department of Transportation The Corpus Christi Metropolitan Planning Organization (CCMPO), in cooperation with the City of Corpus Christi (City), initiated the Regional Parkway Planning and Environmental Linkages (PEL) Study to further refine transportation needs and potential route alignment alternatives for two of the seven segments identified in the Regional Parkway Mobility Corridor (RPMC) Feasibility Study (2013). The RPMC yielded seven segments, Segments A to G; this PEL study centers on Segments A and B, as well as the future extension of Rodd Field Road. Segment A (Park Rd 22 to Rodd Field Road) extends from the intersection of Park Road 22 (PR 22), on Padre Island to an area just south of the proposed extension of Rodd Field Road. Segment B (Rodd Field Road to SH 286) extends from the western terminus of Segment A to the intersection of State Highway 286 (Crosstown Expressway). LIST OF SUPPORTING DOCUMENTS: Presentation — Regional Parkway Planning & Environmental Linkage Study Introduction Regional Parkway Corpus Chr sti Engineering ➢ To address Development Growth and Traffic Congestion ➢ Joint project with City, CCMPO and TxDOT ➢ Phase I - Regional Parkway Mobility Corridor (RPMC) Feasibility Study ✓ Completed January 2013 ✓ IH 37 and Park Road 22 ✓ Identified 7 segments ➢ Phase II - Planning & Environmental Linkages (PEL) Study ✓ Two segments between SH 286 and Park Road 22 ✓ Total project cost - $863,068 ✓ City match - $233,028 (Bond 2014 TxDOT Participation) ✓ Interlocal Agreement (ILA) approved - June 16, 2015 ✓ Evaluated & refined transportation needs & route alignment alternatives ✓ Included Rodd Field Road extension 1 a • 1. Study Overview 2. Purpose and Need 3. Alternatives Analysis 4. Conclusions and Recommendations Study Overview .II Regional Parkway Mobility Corridor Study Overview —.I Current PEL Focus: Segments A & B Regional Parkway PEL 77 cl;zCORPUS CHRIST• I MPO I-) Figure 3 Regional Parkway Mobility Corritlor Study Area Segments A B B The PEL Process Purpose and Need for Regional Parkway • Reduce traffic congestion and facilitate regional mobility and connectivity Address safety issues and provide an alternate hurricane evacuation route Facilitate economic and population growth aPreserve right-of-way and l adopt into the City Urban Transportation Plan carpus Christi 137.:_'..... 12 Mustang Island Hurricane Evacuation Route s •Growth on Island • Hurricane Evacuation Route 1 *ADT Volumes Source TxDOT 20141 Padre fsiand What happens if nothing is done? *Forecast year 2035 Regional Parkway improves mobility. 23% more traffic on SPID, 27% slower speeds* 2-3x longer delay at PR 22 & SH 361* Alternatives Analysis Alternatives Analysis Initial Screening Pass/Fail Evaluation Alternatives Analysis 1 Alternatives Analysis Secondary Screening Development of Evaluation Criteria / Decision Matrix Cumulative Performance Scores • 14 17 18 12 9 9 • 6 6 5 18✓ 11 ' 3 Cumulative Performance of Alternatives Segment A Alignment Alternative Al A2 A3 A4 A5✓ A6 A7 A8 Cumulative Performance Scores • 9 10 9 12 15 16 15 12 13 10 7 5 7✓ 8 8 7 • 13 13 13 12 9✓ 9 12 12 Segment B Alignment Alternative Rodd Field Extension Alignment Alternative R2 R3✓ Cumulative Performance Scores • 7 7 14 16 • 11 9 11✓ 16✓ 5✓ Highest Ranked Alternatives —1 Potential Vision An at -grade multi -lane transportation corridor designed to accommodate multiple modes for optimal mobility. Crossing of the Laguna Madre Conclusions and Recommendations 1 Amend City Urban Transportation Plan Further evaluate Environmental Mitigation Strategies Consider additional connecting arterial(s) Continue Stakeholder Outreach CORPUS CHPJST MPO - Jeff Pollack 361-884-0687 Cityof (arrii),Ti Raymond Chong 361-826-3552 Olivarri ASSOCIATES Leah Olivarri 361-884-5000 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2017 DATE: February 19, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Discussion — Car Ports STAFF PRESENTER(S): Name 1. Julio Dimas Title/Position Department Interim Director Development Services OUTSIDE PRESENTER(S): None BACKGROUND: This is the Discussion follow up item on Carports LIST OF SUPPORTING DOCUMENTS: Presentation — Discussion Carports Carports - Discussion City Council Presentation February 28, 2017 New Carports Create a Special Use Exception (SUE) to allow carports in the street yard: A Special Use Exception in accordance with the additional criteria of Section 5.3.2.H shall be required for a carport located in the minimum street yard of a property zoned for single-family residential uses Would allow the review of new carports by Board of Adjustments for criteria 2 New Carports Create standards for review of proposed carports: • Carports shall not be greater than 400 square feet in area. • The carport shall not Enroach into sideyard or rear setbacks or easements. • The minimum height of a carport shall be eight feet. The overall height of the carport shall not exceed 12 feet in height.. All heights shall be measured from the highest ground elevation at the wall of the carport. • All sides of a carport that are within the required front yard shall be open and unobstructed, except for support columns. • The entire area under a carport shall only be used to park operable and currently licensed vehicles. • Carports shall only be permitted when covering an appropriate all- weather driveway surface designed for vehicle parking. 3 Existing Carports Criteria for Existing Carport: • Existing Carports would be exempt from Front Street Yard requirements • Carports would have to be self -registered by current Owners - $50 • Basic dimensions and drawing showing location on property • At least 6 photographs showing enough detail of material, location • Owner must provide proof of Windstorm Compliance • Grace period of 12 months • After grace period, all existing, non -registered carports are subject to Code Enforcement violations 4 Discussion