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HomeMy WebLinkAboutAgenda Packet City Council - 07/18/2017 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 forward.cctexas.com Meeting Agenda - Final City Council Tuesday,July 18,2017 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 ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. C. Pledge of Allegiance to the Flag of the United States to be led by Arlena Sones, City Auditor. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0889 Proclamation declaring July 2017, "Watch Your Car Month". Recognition of"Foster Grandparents Volunteer Program". Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER City of Corpus Christi Page 1 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 G. MINUTES: 2. 17-0891 Regular Meeting of July 11, 2017 and Workshop of July 6, 2017. Attachments: Minutes-July 11, 2017.pdf Minutes-July 6, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0890 Island Strategic Action Committee Landmark Commission Mechanical/Plumbing Advisory Board North Padre Island Development Corporation Reinvestment Zone No. 2 Board Reinvestment Zone No. 3 Board Senior Companion Program Advisory Committee Attachments: Island Strategic Action Committee Landmark Commission Mechanical Plumbing Advisory Board North Padre Island Development Corporation Reinvestment Zone No. 2 Board Reinvestment Zone No. 3 Board Senior Companion Program Advisory Committee 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. City of Corpus Christi Page 2 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 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 ATA LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 -20) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-0788 Purchase and Installation of Playground Equipment at Sacky Park Motion approving the purchase and installation of playground equipment at Sacky Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $53,252.65, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Funding for this playground is from the Community Development Block Grant B-16-MC-48-0502 for program year 2016-2017. Attachments: Agenda Memo- Playground Equip and Install at Sacky Park Service Agreement-Playground and Installation at Sacky Park Form 1295- Playground Equipment and Installation at Sacky Park.pdf Price Sheet- Playground Equip and Installation at Sacky Park.xlsx 5. 17-0815 Radio Facility and Tower Lease Agreement for Communications Site to Operate a Public Safety Communications System Motion authorizing the City Manager or the City Manager's designee to execute a radio facility and tower lease agreement with KRIS Communications for a one (1) year term at $46,245.84 from August 1, 2017 through July 31, 2018 and for an optional extended term of nine (9) automatic 12-month renewal terms increasing 3% each year, for continued use as a communications site to operate a public safety City of Corpus Christi Page 3 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 communications system. Attachments: Agenda Memo- KRIS radio tower 07.11.2017 Agreement- KRIS Antena Space License 6. 17-0787 Resolution authorizing an Interlocal Agreement for servicing the Police Department's Intoxilyzer Testing Equipment Resolution authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County) whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer(Breath Alcohol) Testing Equipment for 12-month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. Attachments: Agenda memo Intoxilyzer interlocal 07.11.2017 Resolution- Interlocal for Breathlizer-2017(1) Intoxilvzer interlocal agreement with San Pat Co 7. 17-0762 Resolution authorizing an Interlocal Agreement for a stormwater floating debris study Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University - Corpus Christi for a stormwater floating debris study Attachments: Agenda Memo- Interlocal Aqmt for Storm Water debris study Resolution-Stormwater Floatinq Debris Study Interlocal Aqmt TAMUCC 06-05-2017 with Exhibit A 1 8. 17-0675 Service Agreement for Security Access Control System Maintenance and Repair Services for Utilities Department Motion authorizing the City Manager, or designee, to execute a service agreement with Total Protection Systems, Inc. of Corpus Christi, Texas to provide continuation of maintenance and repairs to the building access security system for various Utilities department locations, to include access readers, gates, video monitors, alarm panels, and any additional security hardware and supporting infrastructure for an estimated expenditure not to exceed $34,900.00 of which $8,725.00 has been budgeted in the Water Fund for FY2016-2017. The term of the agreement is for one 12-month period with an option to extend for up to two additional 12-month periods at the sole discretion of the City. Attachments: Agenda Memo-Security Access Control System Maintenance and Repair Servi( Price Sheet-Security Access System Control Maintenance &Repair Services Service Agreement-Security Access Control Maintenance&Repair Services 1295 Form-Security Access Control System Maintenance and Repair Services City of Corpus Christi Page 4 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 9. 17-0771 Construction Contract for Aquifer Storage and Recovery Feasibility Study (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Felder Water Well & Pump Service LLC of Angleton, Texas in the amount of$950,740 for the Corpus Christi Aquifer Storage and Recovery Feasibility Study for Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program) (CIP). Attachments: Agenda Memo-Aquifer Feasibility Study Prosect Budget-Aquifer Feasibility Study.xls Locatio Map-Aquifer Feasibility Study Presentation-Aquifer Feasibility Study Letter of Recommendation-Aquifer Feasibility Study Form 1295-Aquifer Feasibility Study 10. 17-0764 Construction Contract for Old Robstown Road from State Highway 44 to Leopard Street (Bond 2014, Proposition 1) 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$5,461,830.25 for Old Robstown Road from State Highway 44 to Leopard Street for a total Base Bid. (Bond 2014 Proposition 1) Attachments: Agenda Memo Old Robstown Road Informal Staff Report-HMAC and PCC Project Budget Old Robstown Road Location map Old Robstown Road Presentation Old Robstown Road Letter of Recommendation Form 1295 Haas Anderson 11. 17-0773 Construction Contract for Traffic Signals and Lighting Improvements (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Company, Inc. of Pflugerville, Texas in the amount of$1,901,608.50 for the Traffic Signals and Lighting Improvements Project for the base bid. (Bond 2014 Proposition 2) Attachments: Agenda Memo-Traffic Signal and Lighting Improvements Project Budget-Traffic Signal and Lighting Improvements.xlsx Location Map-Traffic Signal and Lighting Improvements.pdf Presentation-Traffic Signal and Lighting Improvements City of Corpus Christi Page 5 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 Form 1295-ATSCC.pdf MBITS Letter of Recommendation.pdf 12. 17-0806 Closed Captioning Services for the Hearing Impaired for City Council Meetings and City Press Conferences Motion authorizing the City Manager or designee to execute a service agreement with Caption Source, LLC. of Boerne, Texas for closed captioning services for the hearing impaired in accordance with Request for Proposal (RFP) No. 706, based on best value for a total expenditure not to exceed $33,000.00 for the first year with option to extend for two additional one year periods. Attachments: Agenda Memo-Closed Captioning Services Service Agreement-Closed Captioning Services Form 1295-Closed Captioning Services Evaluation Matrix-Closed Captioning Services 13. 17-0833 Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Member Debbie Lindsey-Opel as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Attachments: Agenda Memo-CCHFC and CCIDC 7-11-2017.pdf CCHFC Roster.pdf CCIDC Roster.pdf 14. 17-0834 Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Member Debbie Lindsey-Opel as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Attachments: Agenda Memorandum CBHFDC 7-11-17.pdf CBHFDC Roster.pdf CBCEFFC Roster.pdf 15. 17-0700 Change Order No. 1 for Bayshore Park Improvement Project Marina Breakwater at McGee Beach (Bond 2008) (Capital Improvement Project) Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of$712,326 for additional park improvements. (Bond 2008 and City of Corpus Christi Page 6 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 Capital Improvement Program) Attachments: Agenda Memo- Bayshore CO Budget- Bayshore CO Location map Presentation- Bayshore Park Revised Change Order#1 - E15152- Bayshore Park-Design Build Bayshore Park CO#1 - Form 1295 16. 17-0769 Second Reading Ordinance -Transfer of Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach (1st Reading 7/11/17) Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by $1,010,826 each. Attachments: Agenda Memo-Appropriation Ordinance-the Waters Edge Park Presentation- 17-0769 Seawall Transfer Presentation 070617 17. 17-0781 Second Reading Ordinance - Rezoning property located at 4626 Weber Road (1st Reading 7/11/17) Case No. 0317-07 Mohammed Motaghi: A change of zoning from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Commercial District. The property is described as being a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single-Family 6 District with a Special Permit with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-6/SP" City of Corpus Christi Page 7 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 Single-Family 6 District with a Special Permit with conditions; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0317-07 Mohammed Motaghi Ordinance 0317-07 Mohammed Motaghi with Exhibits Ordinance 0317-07 Special Permit Mohammed Motaghi with Exhibits CC Report 0317-07 Mohammed Motaghi with Exhibits PP 0317-07 Mohammed Motaghi 18. 17-0783 Second Reading Ordinance - Rezoning property located at 6746 Aaron Drive (1st Reading 7/11/17) Case No. 0617-01 MVR Construction Company: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development. The property is described as being Country Club Estates Unit 20, Block 1, Lot 1, located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. Planning Commission and Staff Recommendation (June 14, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by MVR Construction Company ("Owner"), by changing the UDC Zoning Map in reference to Country Club Estates Unit 20, Block 1, Lot 1, from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-01 MVR Construction Company Ordinance 0617-01 MVR Construction Company with Exhibits rev Presentation 0617-01 MVR Construction Company Zoning Report 0617-01 MVR Construction Company with Exhibits 19. 17-0732 Second Reading Ordinance -Appropriating funds for the purchase of seven 2017 Ford F-150 Trucks for use by the Parks and Recreation Department(1st Reading 7/11/17) Ordinance appropriating $108,061.50 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $108,061.50; City of Corpus Christi Page 8 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 authorizing the City Manager or designee to execute all necessary documents to purchase a total of seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. Attachments: Agenda Memo- Ford F150 Trucks for Parks and Recreation (2) Ordinance-Ford F150 Trucks for Parks and Rec Fleet vFinal 20170613 Price Sheet- Ford F150 Trucks for Parks and Recreation (1) 20. 17-0835 Second Reading Ordinance - Extension of Performance Milestones for Regional Youth Sports Complex (1st Reading 7111117) Ordinance authorizing the City Manager or designee to execute an Agreement with SQH Sports & Entertainment, Inc. to extend Performance Milestones in the Lease Agreement for the Regional Youth Sports Complex. Attachments: Agenda Memo-SQH Extension Performance Milestones-Revised Ordinance-SQH Extension of Performance Milestone Agreement-SQH Extend of Performance Milestones L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 21) 21. 17-0837 Public Hearing and First Reading Ordinance -Amending the Urban Transportation Plan for the Deletion of Bronx Avenue between Master Channel 31 and Yorktown Blvd Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting Bronx Avenue a proposed C1 Minor Residential Collector between Yorktown Boulevard and Master Channel Ditch 31; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo-UTP Amendment Bronx Avenue Ordinance-UTP Amendment Bronx Avenue Presentation-UTP Amendment Bronx Avenue Letter-Applicant Request Traffic Impact Analysis Letter-Del Mar College Letter Bike. Pedestrian construction Letter-CCISD N. REGULAR AGENDA: (ITEM 22) City of Corpus Christi Page 9 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 The following items are motions, resolutions and ordinances that will be considered and voted on individually. 22. 17-0848 Second Reading Ordinance -Changing and Adding Specific Regulations for Mobile Food Vendors (1st Reading 7111117) Ordinance amending the Corpus Christi Code of Ordinances Chapter 38 Article I, to add specific regulations for mobile food vendors, update definitions, applicability, modify permit application requirements, increase insurance requirements, provide for location licenses and fees, eliminate bond requirements, modify permit fees, add permit suspension criteria, add causes for permit denial or revocation, modify appeal procedures, update regulations for vendors, sidewalk vending, special event vending, street vending, park and beach vending and private premise vending, authorizing a Pilot Program for vending; amending Corpus Christi Code of Ordinances Chapter 10 Section 10-68 to include mobile food vendors and eliminate non-stationary vending; providing for severance; providing for publication; and providing for effective date. Attachments: Agenda Memo(Amendments of Food Vendor Ordianances 38& 10)(5)6-30-201 Final Ordinance Amending Ch. 38 Ch. 10 7.14 O. FIRST READING ORDINANCES: (ITEMS 23 -29) 23. 17-0814 First Reading Ordinance -Amending City Code to Exempt Certain City Owned Vehicles from Inscription Requirements Ordinance amending Chapter 43, Article 1 of the Corpus Christi Code of Ordinances by adding Section 43-12 to exempt certain city owned vehicles from inscription requirements; and providing an effective date, for severance, and for publication. Attachments: Agenda memo exempt vehicles 07.11.2017 Ordinance-Unmarked Cars-2017 24. 17-0879 First Reading Ordinance -Accepting and Appropriating funds for the Aerial and Emerging Robotics Team Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of$2,300 to purchase equipment for the Aerial and Emerging Robotics team; and appropriating $2,300 from NuStar Energy L.P into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Aerial and Emerging Robotics team. Attachments: Agenda Memo-Aerial and Emerging Robotics Team Ordinance-NuStar Grant 2017 25. 17-0845 First Reading Ordinance -Appropriating funds for replacement of the golf cart barn at Oso Beach Golf Course City of Corpus Christi Page 10 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 Ordinance authorizing the City Manager or designee to execute all documents necessary to transfer$54,265.76 from the No. 5611 General Liability Fund to the No. 4691 Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures in the No. 4691 Golf Capital Reserve Fund by $54,265.76 and authorizing settlement of claims arising from the unforeseen damage to this property in a total amount of $13,487.14. Attachments: Agenda Memo-Oso Golf Course-Cart Barn Replacement Ordinance for the Golf cart barn City of Corpus Christi Invoice#574901 City of Corpus Christi invoice#574902 26. 17-0847 First Reading Ordinance -Cash Loan from General Fund to Golf Fund for improvements at Gabe Lozano Golf Complex Ordinance advancing $655,910 in cash from the No. 1020 General Fund and appropriating it in the No. 4690 Golf Fund as a loan to fund improvements to the 9-hole executive golf course at Gabe Lozano Golf Complex; loan to be repaid from the No. 4690 Golf Fund in the principal amount of$93,701.43 per year for seven years at a simple interest rate of 3.5% annually; and amending the FY2016-2017 Operating Budget adopted by Ordinance 030965 to increase expenditures in the No. 4690 Golf Fund by $655,910. Attachments: Agenda Memo-General Fund Loan to the Golf Fund Ordinance-General Fund Loan to the Golf Fund Golf Fund Payback Schedule to the General Fund GabeLozano-9-Hole Master Plan 27. 17-0782 First Reading Ordinance - Pilot license agreement with Mobilitie, LLC Ordinance authorizing the City Manager or designee to execute a pilot license agreement between the City of Corpus Christi and Mobilitie, LLC for wireless facilities and poles in the right-of-way. Attachments: Agenda Memo- Pilot License Agreement Ordinance and Pilot License Agreement wtih Exhibits revised Combined Maps revised Presentation- Mobilitie Pilot License Agreement revised 7-11-2017 28. 17-0810 First Reading Ordinance -Appropriating funds for the purchase of a Kubota Front Loader Tractor for the Solid Waste Operations Ordinance appropriating $81,363.92 from the reserved future replacement account into the capital outlay expenditure account in City of Corpus Christi Page 11 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 Maintenance Services Fund No. 5110 for the purchase of a Kubota front loader tractor; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $81,363.92; authorizing the City Manager or designee to execute all necessary documents to purchase a Kubota front loader tractor for$81,363.92 from Kubota Tractor Corporation, of Grapevine, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for a total amount not to exceed $81,363.92, for use by Solid Waste Operations. Attachments: Agenda Memo- Kubota Front Loader Tractor Ordinance-Kubota Front Loader Tractor Price Sheet- Kubota Front Loader Tractor 29. 17-0894 First Reading Ordinance -Amending membership and meeting requirements of the Corpus Christi Museum of Science and History Advisory Board Ordinance amending Chapter 2 of the Corpus Christi Code of Ordinances to change the membership of the Corpus Christi Museum of Science and History Advisory Board and change the Board's meeting requirements from quarterly to bimonthly; providing an effective date, for severance, and for publication. Attachments: Agenda Memo-Amendment to Ordinance Ordinance-REDLINED Advisory Board Makeup P. FUTURE AGENDA ITEMS: (ITEMS 30 -37) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 30. 17-0881 Resolution ratifying the submission of a grant application to purchase a fire safety trailer Resolution ratifying the submission of a grant application in the amount of$58,082 with a hard match of$2,765 to the US Department of Homeland Security, Federal Emergency Management Agency to purchase a fire safety trailer; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo- Fire Safety Trailer Resolution- Homeland Security Grant 31. 17-0801 Construction Contract for Gollihar Outfall Repairs (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a City of Corpus Christi Page 12 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of$349,187 for the Gollihar Outfall Repairs for the Total Base Bid. (Capital Improvement Program) (CIP) Attachments: Agenda Memo-Gollihar Outfall Repairs Project Budget-Gollihar Outfall Repairs Location Map-Gollihar Outfall Repairs Presentation-Gollihar Outfall Repairs Form 1295-Gollihar Outfall Repairs Letter of Recommendation-Gollihar Outfall Repairs 32. 17-0819 Amendment No. 2 to the Service Agreement for Preventative Maintenance of Breakpoint Chlorination System Motion authorizing the City Manager, or designee, to approve Amendment No. 2 to the Preventative Maintenance of the Breakpoint Chlorination System Service Agreement with Grace Water Services, LLC, for a total amount not to exceed $436,876.00 with an estimated expenditure of$218,438.00 in FY2016-2017 funded by the Wastewater Fund. Attachments: Agenda Memo-Amendment No. 2 Preventative Maintenance of the Breakpoint C Admendment-Preventative Maintenance(1) Form 1295.pdf 33. 17-0807 Amendment No. 1 to Contract for the Tax Increment Reinvestment Zone (TIRZ) No. 3 Integrated Traffic and Planning Study Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Gateway Planning Group, Inc. of Dallas, Texas in the amount of$175,500 for a restated fee of$225,000 for the TIRZ#3 Integrated Traffic and Planning Study project. Attachments: Agenda Memo TIRZ Integrated Traffic and Planning Prosect Budget TIRZ Location Map TIRZ Presentation-TIRZ#3 Amendment 1 Addendum-GP CC TIRZ3 Phase 2 Contract 07 13 17 V1 Form 1295 Gateway Planning 34. 17-0827 Enterprise Licensing Renewal for Microsoft Office 365 Suite of Applications Motion authorizing the City Manager or designee to execute a three-year Microsoft Enterprise license agreement with Software House International, Inc. of Austin, Texas, through the Texas DIR Cooperative City of Corpus Christi Page 13 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 Purchasing Program (DIR-SDD-2503), for an amount not to exceed $2,100,000 of which $658,229 is funded for FY2016-2017, with license fees for years two and three of$647,813 annually and an estimated contingency of$146,000 for additional cloud infrastructure and license expenses subject to future annual budget appropriations. Attachments: Agenda Memo-microsoft renewal 2017 final SHI Quote-13719943 final exp 7312017 35. 17-0892 Resolution Amending Financial Budgetary Policies Resolution amending financial budgetary policies adopted by Resolution 030790 and providing financial policy direction on preparation of the annual budgets. Attachments: Agenda Memo- Financial Policies.doc Resolution- Financial Policy update 7-18-17(redlined) Resolution- Financial Policy(clean) 36. 17-0873 Setting the City Council Meeting Date to Adopt the Property Tax Rate Motion setting September 12, 2017 as the date of the adoption of the ad valorem tax rate of$0.606264 per$100 valuation. Attachments: Agenda Memo for Ad Valorem Tax Rate Meeting 071817 37. 17-0874 Setting Two Public Hearings Related to Fiscal Year 2017-2018 Property Tax Motion setting a public hearing on the ad valorem tax rate for August 22, 2017 and a second public hearing for August 29, 2017 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo for Two Public Hearings. 071117 Q. BRIEFINGS: (ITEMS 38 -39) 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. 38. 17-0704 Area Development Plan-Work Program Attachments: Agenda Memo-Area Development Plan Work Program Presentation-ADP Sequencing Final 39. 17-0844 Golf Course Annual Update to City Council Attachments: Agenda Memo-2017 Foresight Golf Presentation-2017 Foresight Golf City of Corpus Christi Page 14 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 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 40 -43) 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. 40. 17-0816 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 City's professional service management agreement for the Corpus Christi Museum of Science and History. 41. 17-0756 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 negotiations and potential litigation with the U.S. Environmental Protection Agency and U.S. Department of Justice concerning the City's sanitary sewer system. 42. 17-0809 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 water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 43. 17-0902 Executive Session pursuant to Texas Government Code § 551.071 City of Corpus Christi Page 15 Printed on 711 812 01 7 City Council Meeting Agenda-Final July 18,2017 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT City of Corpus Christi Page 16 Printed on 711 812 01 7 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Tuesday,July 11,2017 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 Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 a.m. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. Deacon Jesse Hinojosa gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. City Attorney Miles K. Risley led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. 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 L. Huerta. Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn City of Corpus Christi Page 1 Printed on 711412017 City Council Meeting Minutes July 11, 2017 E. Swearing-In Ceremony for New At-Large Council Member to be conducted by The Honorable Sandra L. Watts, Presiding Judge, 117th District Court of Nueces County, Texas. The Honorable Sandra L.Watts conducted the swearing-in ceremony for new At-Large Council Member Debbie Lindsey-Opel. Mayor McComb called for a brief recess at 11:36 a.m. Mayor McComb reconvened the meeting at 11:43 a.m. F. Proclamations /Commendations 1. Proclamation declaring July 22, 2017, "Mandela Day". Proclamation declaring July 2017, "Parks and Recreation Month". Recognition of Mayor's "40th Anniversary July 4th Big Bang Celebration" Essay Contest Winner. Recognition of Mayor's "40th Anniversary July 4th Big Bang Celebration" Regatta Winners. Mayor McComb presented the proclamations and recognized the Essay Contest winner and Regatta winners of the Mayor's "40th Anniversary July 4th Big Bang Celebration". L. 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 McComb deviated from the agenda and referred to comments from the public.Jack Gordy,4118 Bray, spoke regarding a blocked sidewalk on Airline Road.Susie Luna Saldana, 4710 Hakel, requested that the City Council consider re-advertising a Muncipal Court judge position. Gloria Scott,4422 S. Alameda,said she was disappointed with the City Council's selection to fill the At-Large Council Member vacancy and spoke regarding the absence of an African-American on the City Council. Rodney Page, 1519 Leopard, spoke regarding the City's denial of the claim he submitted for sewage on his property. Margareta Fratila,3606 Tripoli, expressed appreciation to the City Council and various City staff for their work and spoke regarding the process for hiring a Municipal Court Judge.Tyrone Jackson,4322 Kostoryz, spoke regarding signs obstructing sidewalks and streets during construction. Joe Hilliard,510 McClendon, invited the public to Grow Local South Texas,the Corpus Christi Downtown Farmers' Market,and the"Chopped Live"event on Wednesday,July 12,2017 and spoke regarding the improved quality of life City of Corpus Christi Page 2 Printed on 711412017 City Council Meeting Minutes July 11, 2017 resulting from the closure of a portion of Shoreline Boulevard. G. Mayoral Appointments 2. City Council Committee Assignment Mayor McComb referred to Item 2, Mayoral City Council Committee Assignment. Mayor McComb appointed Council Member Lindsey-Opel to the Audit Committee. H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. UPDATE - BACKFLOW PREVENTER PROJECT Interim Director of Development Services Bill Green reported on the backflow preventer project. On February 14,2017, City Council amended Sections 14 and 15 of the City's Code of Ordinances authorizing the City to inspect, install, repair,and/or replace backflow assemblies and place the cost on customer's utility bills.900 commercial backflow devices were found to be delinquent.The City contracted with seven (7)third-party inspectors to assist with the compliance program.As of June 30,2017,75%of the inspectors'work is complete.All contracts are to be completed by July 21,2017. b. UPDATE - INDUSTRIAL DISTRICT SITE PLANS Interim Director of Development Services Bill Green provided an update on the industrial districts. On February 3,2017, 82 industrial district companies were sent written notice to provide an industrial district affidavit, prepared by a registered professional engineer, licensed to practice in the State of Texas, certifying that all actual or potential contamination hazards to the City's public water system were identified and protected by appropriate backflow and cross-connection control procedures.To date,33 affidavits have been received and accepted by the City;33 companies have been granted time extensions; and 16 companies have not responded. Future immediate redress will involve canvassing these 16 companies. Non-responsivle companies will ultimately be referred to the City's legal department for remedial action. C. OTHER 1)City Manager Rose recognized Chief John Hyland, Corpus Christi International Airport,who was presented with the District Award Merit by the Boys Scouts of America,South Texas Council for his work with area scouts. 2) City Manager Rose recognized Police Senior Officer Lonnie Humitz for receiving the"Life Saving Award'. I. MINUTES: 3. Regular Meeting of June 20, 2017 and Workshop of June 21, 2017. Mayor McComb referred to approval of the minutes. Council Member Garza City of Corpus Christi Page 3 Printed on 711412017 City Council Meeting Minutes July 11, 2017 made a motion to approve the minutes,seconded by Council Member Hunter and passed unanimously. J BOARD & COMMITTEE APPOINTMENTS: 4. Civil Service Commission Civil Service Board Corpus Christi Business and Job Development Corporation Planning Commission Mayor McComb referred to board and committee appointments. The following appointments were made: Civil Service Board Council Member Rubio made a motion to reappoint Guy Nickleson (Regular Member)and appoint Robert W. Judkins (Regular Member),seconded by Council Member Molina and passed unanimously. Civil Service Board Council Member Molina made a motion to reappoint Guy Nickleson (Regular Member)and appoint Robert W. Judkins (Regular Member),seconded by Council Member Rubio and passed unanimously. Corpus Christi Business and Job Development Corporation Council Member Hunter made a motion to reappoint Gabriel Guerra, seconded by Council Member Molina and passed unanimously. Council Member Rubio made a motion to appoint Scott M. Harris,seconded by Council Member Hunter and passed unanimously. Planning Commission Council Member Molina made a motion to reappoint Carl Crull, Heidi Hovda, and Marsha Williams,seconded by Council Member Lindsey-Opel and passed unanimously. K. EXPLANATION OF COUNCIL ACTION M. CONSENT AGENDA: (ITEMS 5 - 14) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the public.A council member requested that Item 9 be pulled for individual consideration. Council Member Lindsey-Opel announced that she City of Corpus Christi Page 4 Printed on 711412017 City Council Meeting Minutes July 11, 2017 was abstaining on Item 6. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Rubio.The consent agenda items were passed and approved with one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 5. Engineering Contract for Mary Rhodes Pipeline Phase 2 (Capital Improvement Program) Motion authorizing the City Manager or designee to execute a ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of$16,594,474 for the Mary Rhodes Pipeline Phase 2 (MRPP2) for construction management services. Capital Improvement Program (CIP) This Motion was passed on the consent agenda. Enactment No: M2017-089 7. Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Kensington Gardens subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. This Resolution was passed on the consent agenda. Enactment No: 031175 8. Resolution approving the submission of application for the Texas General Land Office Beach Cleaning and Maintenance Assistance Program Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. This Resolution was passed on the consent agenda. City of Corpus Christi Page 5 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Enactment No: 031176 10. Service Agreement for Armored Courier Services and Cash Manager Safe Service Agreement Motion authorizing the City Manager or designee to execute a service agreement with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager lease safe services, in response to Request for Bid (RFB) No. 151, based on lowest, responsive and responsible bid for a total bid amount not to exceed $37,294.40 with an estimated expenditure of$6,513.76 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-092 11. Second Reading Ordinance - Rezoning property located at 402 North Padre Island Drive (1st Reading 6120117) Case No. 0517-01 Yarborough Ranches LP: A change of zoning from the "CG-2" General Commercial District and "RM-3" Multifamily 3 District to the "I L" Light Industrial District and "CG-2" General Commercial District. The property is described as Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG-2" General Commercial District and "RM-3" Multifamily 3 District and to the "IL" Light Industrial District and "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Yarborough Ranches LP ("Owner"), by changing the UDC Zoning Map in reference to Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, City of Corpus Christi Page 6 Printed on 711412017 City Council Meeting Minutes July 11, 2017 from "CG-2" General Commercial District and "RM-3" Multifamily 3 District to the "I L" Light Industrial District and "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031177 12. Second Reading Ordinance - Rezoning property located at 901 Flato Road (1st Reading 6120117) Case No. 0517-02 IDV NPID, LLC: A change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. The property is described as being a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by IDV NPID, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas from "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031178 13. Second Reading Ordinance -Closing and abandoning three utility easements located at 6002 &6116 South Staples (1st Reading 6120117) Ordinance abandoning and vacating three utility easements, 0.0281-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy-Robertson, Inc, to comply with the specified conditions. City of Corpus Christi Page 7 Printed on 711412017 City Council Meeting Minutes July 11, 2017 This Ordinance was passed on second reading on the consent agenda. Enactment No: 031179 14. Second Reading Ordinance -Water Line Easement Dedication to San Patricio Municipal Water District on City-owned land near U.S. Highway 77 in San Patricio County (1st Reading 6120117) Ordinance granting a twenty-five (25) foot wide Water Line Easement and thirty-five (35) foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one (1) 24-inch water line on City owned property near U.S. Highway 77 in San Patricio County; authorizing the City Manager or designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031180 6. Change Order No. 4 Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012) Motion authorizing the City Manager, or designee, to execute Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$166,091.25 for a total restated contract amount of$8,964,073.35 for Williams Drive Improvements Phase 3 from Staples Street to Airline Road. (BOND 2012). Mayor McComb referred to Item 6. Council Member Lindsey-Opel abstained from this item. Council Member Garza made a motion to approve the motion,seconded by Council Member Vaughn.This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Lindsey-Opel Enactment No: M2017-090 9. Purchase of Five 2017 Ford F-250 Trucks for Parks and Recreation Department Motion approving the purchase of five 2017 Ford F-250 trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on a cooperative purchasing agreement with Texas Local Government City of Corpus Christi Page 8 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $180,392.00. Funds are available in the FY2016-2017 budget. Mayor McComb referred to Item 9, purchase of five 2017 Ford F-250 trucks for the Parks and Recreation Department. Director of Fleet Maintenance Jim Davis and Director of Parks and Recreation Jay Ellington responded to questions regarding the following topics:the retirement of the five trucks due to end of service life;the approximate service life of vehicles;a list of mechanical issues and repairs on the retired vehicles; the reasons for purchasing F-250 trucks versus F-150 trucks; undercoating of new trucks; maintenance and storage of the trucks; use of the trucks to haul garbage and associated machinery; and age of vehicles. Council Member Rubio made a motion to approve the motion,seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 1 - Council Member Guajardo Abstained: 0 Enactment No: M2017-091 O. PUBLIC HEARINGS: (ITEM 15) 15. Public Hearing and First Reading Ordinance - Rezoning property located at 4626 Weber Road Case No. 0317-07 Mohammed Motaghi: A change of zoning from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Commercial District. The property is described as being a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single-Family 6 District with a Special Permit with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" City of Corpus Christi Page 9 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Single-Family 6 District with a Special Permit to the "RS-6/SP" Single-Family 6 District with a Special Permit with conditions; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 15. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for multi-family and commercial uses. Mr. Green stated that the Planning Commission and staff recommend denial of the change of zoning from "RS-6/SP"Single-Family 6 with a Special Permit to the"CN-1" Neighborhood Commercial District, and in lieu thereof,approval of the "RS-6/SP"Single-Family 6 District with a Special Permit with conditions.The Special Permit provisions include: limiting the redevelopment to 91 multi-family units within the four wings of the exisiting facility; allowing for continued professional and retail operations currently on the premises; and protecting the surrounding neighborhood with lighting,screening, buffer areas and other screening protection measures provided for in the Unified Development Code. Mr. Green explained that a three-fourths majority vote of the City Council would be required for the City Council to approve the applicant's request to rezone to"CN-1" Neighborhood Commerical District. In response to a question from a council member, Michael Gunning, representative for the applicant,discussed the following topics: the applicant is willing to accept the Planning Commission and staffs recommendation for the"RS-6/SP";this zoning would accommodate the applicant's proposed use of the 91 multi-family units and retail and office use of the property; however, the applicant is requesting that the City Council support his request of"CN-1" Neighborhood Commercial District for the following reasons:staff initially approved the change of zoning to"CN-1";the property has been undeveloped for an extended period;and the rezoning is consistent with the comprehensive plan and future land uses. Mayor McComb opened the public hearing.Susie Luna Saldana,4710 Hakel, spoke in support of the"CN-1" rezoning. Mohammad Motaghi,2921 Ocean Drive and applicant, requested approval of the"CN-1" rezoning to allow for future development of the subject property. Fallon Wood, resident near the subject property, spoke in support of development on the subject property. Lisa Oliver,3937 Barnes Street,expressed concerns regarding the subject property being an extended stay hotel and requested that the City Council support the"RS-6/SP". Mayor McComb closed the public hearing. Council members discussed the following topics: the future land use for the subject property; the allowable uses in "CN-1"and "RS-6"districts;the reasons for the special permit; the zoning of other shopping centers in the vicinity of the subject property; arterial street access for subject property; whether a"CN-1"could be approved with a special permit;approval of the "RS-6/SP"would allow the ability to provide regulations to protect the surrounding single-family residences;that staff concerns leading to the recommendation of"RS-6/SP"were not adequately communicated to the applicant during initial discussions; height restrictions in "CN-1";the zoning requirements if a hospital were built on the subject property;the required zoning for transitioning properties;the appropriate zoning for mixed-use development; set-back requirements;whether restrictions can be imposed if the City Council approved the"CN-1";the number of notices mailed;the number and nature of notices returned in opposition;support for revitalizing City of Corpus Christi Page 10 Printed on 711412017 City Council Meeting Minutes July 11, 2017 the subject property to increase economic development;traffic impact analysis; Planning Commission's unanimous vote to not allow a use higher than "RS-6/SP"on the subject property; the applicant's ability to return in the future and request"CN-1"zoning should he choose to develop a hotel on the subject property; and concerns with the long-term planning use of the subject property if rezoned to the"CN-1". Council Member Molina made a motion to approve the applicant's rezoning request of"CN-1" Neighborhood Commercial District, seconded by Council Member Rubio.The motion failed for lack of three-fourths majority vote as follows: Mayor McComb, Council Members Garza, Guajardo, Hunter, Molina and Rubio,voting "Aye"; Council Members Lindsey-Opel, Smith,and Vaughn, voting "No". Council Member Molina made a motion to approve the ordinance as recommended by the Planning Commission and staff for the"RS-6/SP" Single-Family 6 District with a Special Permit,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. RECESS FOR LUNCH Mayor McComb deviated from the agenda and called for a recess at 2:22 p.m. Mayor McComb reconvened the Council meeting at 3:03 p.m. Q. FIRST READING ORDINANCES: (ITEM 20) 20. First Reading Ordinance - Extension of Performance Milestones for Regional Youth Sports Complex Ordinance authorizing the City Manager or designee to execute an Agreement with SQH Sports & Entertainment, Inc. to extend Performance Milestones in the Lease Agreement for the Regional Youth Sports Complex. Mayor McComb deviated from the agenda and referred to Item 20. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute an agreement to extend the performance milestones in the lease agreement with SQH Sports&Entertainment, Inc. for the Regional Youth Sports Complex. Mr. Ellington stated that the milestones have not been met due to the City needing to determine the location where wastewater will be provided to the location.There were no comments from the public. City Secretary Huerta announced that Council Member Garza was abstaining on this item. In response to a council member, Bert Quintanilla,SQH Sports& Entertainment, Inc. (SQH),stated that City staff is working with SQH to City of Corpus Christi Page 11 Printed on 711412017 City Council Meeting Minutes July 11, 2017 determine the location of wastewater for the proposed complex and, in consideration of the delay, the 12-month extension will provide SQH the ability to meet its performance milestones. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Garza O. PUBLIC HEARINGS: (ITEMS 16 - 17) 16. Public Hearing and First Reading Ordinance - Rezoning property located at 6746 Aaron Drive Case No. 0617-01 MVR Construction Company: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development. The property is described as being Country Club Estates Unit 20, Block 1, Lot 1, located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. Planning Commission and Staff Recommendation (June 14, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by MVR Construction Company ("Owner"), by changing the UDC Zoning Map in reference to Country Club Estates Unit 20, Block 1, Lot 1, from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 16. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow construction of the infill development of 73 single-family units. Mr. Green provided a brief overview of the Planned Unit Development requirements. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Bart Braselton, Braselton Homes,was available to respond to questions. Council Members, staff,and Mr. Braselton discussed the following topics:the sidewalk being located on only on one side of the streets; the width of the streets;an explanation of the PUD requirements that allow a developer to establish a homeowners'association or make a subdivision public;the pros City of Corpus Christi Page 12 Printed on 711412017 City Council Meeting Minutes July 11, 2017 and cons of a homeowners'association;the location of the speed hump considered;the developer's agreement to include additional speed humps; schools located in the vicinity of the subject property; the development of a cottage neighborhood; and the expected price-point of the homes. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Council Member Vaughn made motion to approve the ordinance,seconded by Council Member Rubio.This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 17. Public Hearing and First Reading Ordinance regarding the City of Corpus Christi's proposed FY2017-2018 Consolidated Annual Action Plan Ordinance to adopt the fiscal year (FY) 2017-2018 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2017-2018 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt of the grants from HUD into the Grant Fund No. 1059 for the approved FY2017-2018 CAAP projects and further to execute funding agreements, amendments and all other documents necessary to implement the FY2017-2018 CAAP with organizations for approved projects. Mayor McComb referred to Item 17. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to hold the public hearing and first reading of the ordinance adopting the FY2017-2018 Consolidated Annual Action Plan (CAAP),for the Community Development Block Grant(CDBG),the Emergency Solutions Grant(ESG),and the HOME Investment Partnerships(HOME) Programs;to authorize submission of the FY2017-2018 CAAP to the U.S. Department of Housing and Urban Development (HUD),amend if required;and to authorize the City Manager or designee to accept and appropriate receipt of grants and execute funding agreements. Mr. Bentancourt provided a brief overview of staffs recommendation for the CDBG, ESG,and HOME projects. Council members and staff discussed the following topics: discussions at the City Council Workshop on May 11,2017 regarding: FY2017-2018 being the final year of the 5-year CAAP,expectations on funding in the future, the trend of declining funding; the City Council being in favor of the Homebuyer Gap City of Corpus Christi Page 13 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Financing Assistance Program; administration costs associated with project administration;the number of full-time equivalents to administer the programs; staff's reasons for recommending the Homebuyer Gap Financing Assistance Program; recommended funding for the Code Enforcement Program; how the park projects were determined; the council member districts where the recommended parks are located;evaluating the best practices and approaches for affordable housing in other Texas cities;consideration to fund a work program for the homeless; consideration to increase funding for the Code Enforcement Program; a future workshop on a complete evaluation of the Parks and Recreation Department, including maintenance of parks and the amount of funding required to efficiently run the department;the project scope for Parks and Recreation -Play-for-All Playground at Salinas Park Phase II; Salinas Park being the only fully accessible park for people of all abilities;the process for determining CDBG funding; participation in the recommendation process; establishing a policy for the CDBG recommendation process;the ability to add accessible playground equipment at other City parks with CDBG funds;the goal to address parks as part of the 5-year CAAP; prior funding for Code Enforcement that included a demolition program,an abatement program, and full-time equivalents;the decision by staff to decrease funding for Code Enforcement because HUD is working to make code enforcement less dependent on CDBG funds; consideration that the General Fund absorb the cost of the Code Enforcement should the funds not be provided through CDBG;whether the Homebuyer Gap Financing Assistance Program would have clawback provisions;whether the Homebuyer Gap Financing Assistance Program is a down-payment program that would be paid back; and the current quantity of affordable housing in Corpus Christi. MOTION OF DIRECTION Council Member Hunter made a motion directing the City Manager to have a workshop on the Parks and Recreation Department,seconded by Council Member Guajardo and passed; Council Member Vaughn voting "No". Mayor McComb opened the public hearing.Judy Telge,3554 Santa Fe,spoke regarding the need for affordable housing programs that assist the very-low-income population and addressed efficiencies in administration costs. Bart Braselton, responded to council members'questions regarding the Homebuyer Gap Financing Program and discussed the benefits of the program for moderate-income homebuyers. Mayor McComb closed the public hearing. Mr. Bentancourt stated that staff will bring back the ordinance on second reading to address funding for Code Enforcement and the homeless. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Rubio and Council Member Vaughn Nay: 3- Council Member Hunter, Council Member Molina and Council Member Smith Abstained: 0 City of Corpus Christi Page 14 Printed on 711412017 City Council Meeting Minutes July 11, 2017 P. REGULAR AGENDA: (NONE) Q. FIRST READING ORDINANCES: (ITEMS 18, 19 AND 21) 18. First Reading Ordinance -Changing and Adding Specific Regulations for Mobile Food Vendors Ordinance amending the Corpus Christi Code of Ordinances Chapter 38 Article I, to add specific regulations for mobile food vendors, update definitions, applicability, modify permit application requirements, increase insurance requirements, provide for location licenses and fees, eliminate bond requirements, modify permit fees, add permit suspension criteria, add causes for permit denial or revocation, modify appeal procedures, update regulations for vendors, sidewalk vending, special event vending, street vending, park and beach vending and private premise vending, authorizing a Pilot Program for vending; amending Corpus Christi Code of Ordinances Chapter 10 Section 10-68 to include mobile food vendors and eliminate non-stationary vending; providing for severance; providing for publication; and providing for effective date. Mayor McComb referred to Item 18. Environmental Consumer Health Services Manager Lauren Rabe stated that the purpose of this item is to amend the City's Code of Ordinances, Chapters 38 and 10 by changing and adding specific regulations for mobile food vendors. Ms. Rabe provided an update on the following issues addressed since the City Council meeting of June 20, 2017:a meeting with the Coastal Bend Restaurant Association to address their concerns; inclusion of a definition for tourism/leisure activities;and updating the permit packet to include contact information for each step. There were no comments from the public. Council members and staff discussed the following topics: the Pilot Program process and the opportunity to amend the program;whether the ordinance includes language regarding sound limitations and consideration to include a provisions to comply with the noise ordinance;the exclusion of shipping containers in the ordinance;and future consideration to amend the ordinance relating to container units. Council Member Rubio 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 19. First Reading Ordinance -Appropriating funds for the purchase of seven 2017 Ford F-150 Trucks for use by the Parks and Recreation City of Corpus Christi Page 15 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Department Ordinance appropriating $108,061.50 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $108,061.50; authorizing the City Manager or designee to execute all necessary documents to purchase a total of seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. Mayor McComb referred to Item 19. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to purchase seven (7)2017 Ford F-150 trucks for the Parks and Recreation Department for park and beach operations. There were no comments from the public. Council members and staff discussed the following topics: the increase in the number of vehicles funded through the State Hotel Occupancy Tax(SHOT); whether the City would be obligated to finance the additional SHOT funded vehicles should SHOT funding become unavailable in the future;whether the new vehicles will be used for operations on North Beach;the expected life-cycle of the vehicles;and the vehicles' replacement schedule. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 21. First Reading Ordinance -Transfer of Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by $1,010,826 each. Mayor McComb referred to Item 21. Director of Parks and Recreation Jay Ellington stated that Item 21 and Future Agenda Item 22 are related to Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach. Mr. Ellington presented the following information:a map of the project and vicinity;a history of the funding for The Water's Edge Park;The Water's Edge stakeholders;the original project scope for The Water's Edge;the design layout of the park; the change order projects and Type A funding for the City of Corpus Christi Page 16 Printed on 711412017 City Council Meeting Minutes July 11, 2017 parking lot re-surfacing;current photographs of the travel lanes and planters in Old Shoreline Boulevard; photographs of the Old Memorial Coliseum Parking Lot;the Type A Seawall Fund budget and projected revenues;the 10-year outlook for Seawall Funded projects; the cash flow model for the annual sales tax revenue of the seawall fund;a comparison of the fund balances for the Seawall Fund versus the Tax Increment Reinvestment Zone#3 Fund;The Water's Edge Park budget; and next steps. Council members and staff discussed the following topics: the legal opinion that the parking lot is an allowable use of Type A funds;a recommendation to extend an offer to stakeholders to consider donations toward parking lot improvements; public usage of the secure,closed Old Shoreline Boulevard; the current condition of the parking lot;the possibility that future City Councils will find funding to repair sidewalks and streets around the park;the ability to make the beach accessible for people of all abilities;a mechanism to address the parking lot's structural issues once it is repaired;development of a policy that seawall funds will be used for flood protection moving forward; management of park operations at the park;the budgeted maintenance for the park for FY17-18; the potential to create new stakeholder donations and looking for other funding sources;the City's affiliation with Beach-to-Bay; the project description of the capital improvement projects for the seawall;what is needed in terms of flood protection; generating a revenue component for the park;and the opportunity to charge for parking. Mayor McComb called for comments from the public.Susie Luna Saldana,4710 Hakel,spoke in support of utilizing the funds for the park. Council Member Lindsey-Opel 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: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 2- Mayor McComb and Council Member Vaughn Abstained: 0 MOTION OF DIRECTION Council Member Guajardo made a motion directing the City Manager to reach out to stakeholders of The Water's Edge Park to invite them to contribute, if they can, toward parking lot improvements,as well as reaching out to any potential stakeholders that would like to contribute to or underwrite, in different forms,the project, seconded by Council Member Rubio and passed unanimously. R. FUTURE AGENDA ITEMS: (ITEMS 22 -33) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 26 and 28.A council member requested information on Item 29. City Secretary Rebecca L. Huerta announced that Council Member Lindsey-Opel would be abstaining on Item 26. City of Corpus Christi Page 17 Printed on 711412017 City Council Meeting Minutes July 11, 2017 22. Change Order No. 1 for Bayshore Park Improvement Project Marina Breakwater at McGee Beach (Bond 2008) (Capital Improvement Project) Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of$712,326 for additional park improvements. (Bond 2008 and Capital Improvement Program) This Motion was recommended to the consent agenda. 23. Purchase and Installation of Playground Equipment at Sacky Park Motion approving the purchase and installation of playground equipment at Sacky Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $53,252.65, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Funding for this playground is from the Community Development Block Grant B-16-MC-48-0502 for program year 2016-2017. This Motion was recommended to the consent agenda. 24. Radio Facility and Tower Lease Agreement for Communications Site to Operate a Public Safety Communications System Motion authorizing the City Manager or the City Manager's designee to execute a radio facility and tower lease agreement with KRIS Communications for a one (1) year term at $46,245.84 from August 1, 2017 through July 31, 2018 and for an optional extended term of nine (9) automatic 12-month renewal terms increasing 3% each year, for continued use as a communications site to operate a public safety communications system. This Motion was recommended to the consent agenda. 25. Resolution authorizing an Interlocal Agreement for servicing the Police Department's Intoxilyzer Testing Equipment Resolution authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County) whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer(Breath Alcohol) Testing Equipment for 12-month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 18 Printed on 711412017 City Council Meeting Minutes July 11, 2017 26. Resolution authorizing an Interlocal Agreement for a stormwater floating debris study Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University - Corpus Christi for a stormwater floating debris study This Resolution was recommended to the consent agenda. 27. Service Agreement for Security Access Control System Maintenance and Repair Services for Utilities Department Motion authorizing the City Manager, or designee, to execute a service agreement with Total Protection Systems, Inc. of Corpus Christi, Texas to provide continuation of maintenance and repairs to the building access security system for various Utilities department locations, to include access readers, gates, video monitors, alarm panels, and any additional security hardware and supporting infrastructure for an estimated expenditure not to exceed $34,900.00 of which $8,725.00 has been budgeted in the Water Fund for FY2016-2017. The term of the agreement is for one 12-month period with an option to extend for up to two additional 12-month periods at the sole discretion of the City. This Motion was recommended to the consent agenda. 28. Construction Contract for Aquifer Storage and Recovery Feasibility Study(Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Felder Water Well & Pump Service LLC of Angleton, Texas in the amount of$950,740 for the Corpus Christi Aquifer Storage and Recovery Feasibility Study for Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program) (CIP). This Motion was recommended to the consent agenda. 29. Construction Contract for Old Robstown Road from State Highway 44 to Leopard Street (Bond 2014, Proposition 1) 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$5,461,830.25 for Old Robstown Road from State Highway 44 to Leopard Street for a total Base Bid. (Bond 2014 Proposition 1) This Motion was recommended to the consent agenda. 30. Construction Contract for Traffic Signals and Lighting City of Corpus Christi Page 19 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Improvements (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Company, Inc. of Pflugerville, Texas in the amount of$1,901,608.50 for the Traffic Signals and Lighting Improvements Project for the base bid. (Bond 2014 Proposition 2) This Motion was recommended to the consent agenda. 31. Closed Captioning Services for the Hearing Impaired for City Council Meetings and City Press Conferences Motion authorizing the City Manager or designee to execute a service agreement with Caption Source, LLC. of Boerne, Texas for closed captioning services for the hearing impaired in accordance with Request for Proposal (RFP) No. 706, based on best value for a total expenditure not to exceed $33,000.00 for the first year with option to extend for two additional one year periods. This Motion was recommended to the consent agenda. 32. Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Member Debbie Lindsey-Opel as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. This Motion was recommended to the consent agenda. 33. Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Member Debbie Lindsey-Opel as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. This Motion was recommended to the consent agenda. S. BRIEFINGS: (NONE) T. LEGISLATIVE UPDATE: U. EXECUTIVE SESSION: (ITEMS 34 -36) City of Corpus Christi Page 20 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Mayor McComb referred to the day's executive sessions.The Council went into executive session at 6:14 p.m. The Council returned from executive session at 7:47 p.m. 34. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential claims and/or litigation related to the Enterprise Resource Planning System (ERP) purchased pursuant to a Master Contract executed on or about May 15, 2013. This E-Session Item was discussed in executive session. 35. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to litigation related to the New Broadway Wastewater Treatment Plant, including Graham Construction Services, Inc. v. City of Corpus Christi and other actions in open session concerning matters related thereto including Motion(s) to authorize the execution of agreements and encumbrance of funds for legal, engineering, and other professional consulting and/or expert witness services and associated court reporter, copy, and travel costs for the aforementioned lawsuit with the law firms of Coats Rose and Hartline Dacus Barger Dreyer, LLP and the consulting/engineering/expert firms of Navigant Consulting, Inc. (in addition to previously authorized funding for said entity), Scott Hibbs, PE, and/or Enprotec/ Hibbs &Todd, Inc. Mayor McComb referred to Item 35 and the following motion was considered: Motion to authorize the execution of agreements, amendments, and encumbrance of funds for legal,engineering, and other professional consulting and/or expert witness services and associated court reporter,copy, and travel costs for the lawsuit of Graham Construction Services, Inc.v. City of Corpus Christi in the amount not to exceed,for estimated expenditure for the impending annual period,a total of$1,634,950 with the law firms of Coats Rose and Hartline Dacus Barger Dreyer, LLP and the consulting/engineering/expert firms of Navigant Consulting, Inc. (in addition to previously authorized funding for said entity),Scott Hibbs, PE,and/or Enprotec/Hibbs&Todd, Inc.,and authorize carry-over of unexpended funds into the following fiscal years and transfer of unused funds between the aforementioned entities. Council Member Vaughn made a motion to approve the motion, seconded by Council Member Rubio.This Motion was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Lindsey-Opel Abstained: 0 City of Corpus Christi Page 21 Printed on 711412017 City Council Meeting Minutes July 11, 2017 Enactment No: M2017-093 36. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Belden Street, Mesquite Street, Broadway Street, Highway 181/1-37, Tancahua Street, the intersections thereof, or blocks adjacent to those streets and/or intersections, and areas within one mile thereof, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identifying Council Future Agenda Items. Mayor McComb requested that an item be placed on a future agenda regarding the Wastewater Consolidation Program and the Greenwood Wastewater Treatment Plant, in relation to the Las Colonias Flood Event. MOTION OF DIRECTION Council Member Rubio made a motion directing the City Manager to add a future agenda item regarding the appointment of a Charter Review Committee, seconded by Council Member Hunter and passed; Council Member Lindsey-Opel was absent. W. ADJOURNMENT The meeting was adjourned at 8:09 p.m. City of Corpus Christi Page 22 Printed on 711412017 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Workshop Session Thursday,July 6,2017 3:00 PM Basement Training Room 1201 Leopard Street Public Notice -- ITEMS ON THIS AGENDA ARE 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. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 3:05 p.m. B. Assistant City Secretary Paul Pierce to call the roll of the required Charter Officers. Assistant City Secretary Paul Pierce 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 Risley,and Assistant City Secretary Paul Pierce. Present 6- Mayor Joe McComb, Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, and Council Member Greg Smith Absent 2- Council Member Lucy Rubio, and Council Member Carolyn Vaughn Council Member Lindsey-Opel arrived at 3:06 p.m. C. BRIEFINGS TO CITY COUNCIL: 1. Proposed Annexation Policy Mayor McComb referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the Proposed Annexation Policy. Senior Planner Keren Costanzo presented information on the following topics: City of Corpus Christi Page 1 Printed on 711312017 City Council Workshop Session Meeting Minutes July 6, 2017 workshop outline; annexation attributes; extra-territorial jurisdiction (ETJ); policy intention;annexation policy versus program/plan;Texas Municipal League recommendations; the process to-date;appreciation to stakeholders for their involvement in the process thus far; results from large-stakeholder meetings numbers 1 and 2;and market and fiscal analyses. Assistant Director of Planning/ESI Daniel McGinn presented an example project and its projected fiscal impacts. Council members and staff discussed the following topics: estimated increases in ad valorem tax revenue and assessed ad valorem property values; who would conduct the proposed market and fiscal analyses;qualifying firms to complete the proposed market and fiscal analyses via a competitive procurement process; and the type of report to be generated. Mayor McComb called for comments from the public. Bart Braselton discussed the costs associated with having to conduct the proposed market and fiscal analyses. Jimmy Dodson discussed creating a template for the proposed market and fiscal analyses to reduce costs, the cost of not annexing and the importance of the density of developments. Carolyn Moon addressed the aging infrastructure in the area of the city in which she resides. Robert Gonzalez spoke in opposition to the proposed annexation policy and in favor of building infrastructure in the City's ETJ. Lois Huff expressed concern regarding the need to repair existing infrastructure first and spoke in opposition to"sprawl". Judy Telge questioned how annexation,without controls,would benefit the citizens of Corpus Christi and spoke in favor of an affordable housing plan. Council members and staff discussed the following additional topics: that the estimated maximum cost of the proposed market and fiscal analyses is $25,000;ways to reduce the cost of the proposed market and fiscal analyses; how the findings from the proposed market and fiscal analyses are to be used; approving a policy versus approving the proposed market and fiscal analyses; developers making infrastructure improvements versus the City; managing development in the City's ETJ by means of an annexation policy; the accuracy of the proposed market and fiscal analyses; the need for such analyses; completion of such analyses by City staff versus by developers;the impact on circulation of the City's water supply in newly developed areas;the legal requirement that areas annexed are to be contiguous to the city limits;the ad valorem valuation of property on the Island and its impact on the City's tax rate and revenue; the cost of the proposed market and fiscal analyses being passed on to the end-consumer;continuing efforts to develop an annexation policy,excluding the proposed market and fiscal analyses;conferring with stakeholders again;the requirement that developers dedicate public lands as part of each development; uses for dedicated public lands;finalizing an annexation policy within the next 18 months;the number of stakeholders at previous stakeholder meetings;dead-end water lines; the quality of streets built by developers; increases in wastewater that comes with new development; and the City's wastwater processing capacity. Mayor McComb called for additional comments from the public. With regard to the potential for additional stakeholder meetings, Reagan Brown discussed stakeholders not"seeing eye-to-eye". Bart Braselton indicated that if the City does not develop an annexation policy, business-as-usual would continue City of Corpus Christi Page 2 Printed on 711312017 City Council Workshop Session Meeting Minutes July 6, 2017 under the Unified Development Code. Mayor McComb called for a brief recess at 4:25 p.m. Mayor McComb re-convened the council meeting at 4:26 p.m. 2. Aquifer Storage Recovery (ASR) Mayor McComb referred to Item 2. City Manager Margie C. Rose provided opening remarks regarding the Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Project and stated that this item will be presented to Council again at its regular meeting on July 11,2017. Water Resource Manager Steve Ramos presented information on the following topics: ASR fundamentals; attributes of ASR; background regarding the Corpus Christi Aquifer Storage and Recovery Conservation District (CCASRCD); boundaries of the CCASRCD; previous ASR studies; opportunities associated with the ASR Feasibilty Project; project location; number and location of proposed test sites;the scope of the ASR Feasiblity Project;funding;ASR program budget; project schedule;and the next step. Council members and staff discussed the following topics: cost-per-1,000-gallons to get water into the ASR and recover it and how that cost compares to cost-per-1,000-gallons for current water sources and desalination in order to determine the viability of an ASR;the variables involved in arriving at a cost-per-1,000-gallons;that the ASR Feasibility Study will allow for a determination of the cost-per-1,000-gallons; the City of Corpus Christi has the only Aquifer Storage and Recovery Conservation District in Texas;that the CCASRCD regulates the drilling of water wells within the CCASRCD;the cost-per-1,000-gallons of ASR in other Texas cities; that the next step in the ASR Feasibility Project is consideration of approval of a $950,740 contract for exploratory drilling which will provide data necessary to determine a cost-per-1,000 gallons; monies spent on the project to-date; reimbursement of certain project-related costs by the Texas Water Development Board; the 2003-2005 ASR study on the Island; per Environmental Protection Agency requirements,the City may only inject treated water, not raw water, into the ASR;the number of primary and alternate test wells;the total capacity of the ASR; that the ASR will allow for retrieval of 5 million gallons per day or approximately 5,400 acre-feet per year; that water from Mary Rhodes Phase 2 is the most expensive source of water for the City; creating a comprehensive water plan for the City; alternate water sources and their associated costs; use of a water availability index;current and future availability of water;and the purpose of Amendment No.2 with HDR Engineering, Inc.for the design and testing portion of the ASR Feasibility Study. D. ADJOURNMENT The meeting was adjourned at 5:13 p.m. City of Corpus Christi Page 3 Printed on 711312017 City Of Corpus Christi ISLAND STRATEGIC ACTION COMMITTEE BOARD DETAILS SeatsSIZE 14 The Island Strategic Action Committee (ISAC) advises the Mayor and City Council on TERM LENGTH 3 Years development and implementation of the OVERVIEW Years Mustang-Padre Island Area Development Plan. The ISAC shall develop specific strategies for implementation of the Mustang-Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The committee shall consist of fourteen (14)members appointed by the City EZ7_)k Council.The membership must include: 1 -member of the Padre Isles Property Owners Association,who has been nominated by the association; 1 -residential property owner who owns property and resides on Mustang or Padre Island; 1 - commercial property owner who owns property and operates a business on DETAILS Mustang or Padre Island; 1 -developer of property on Mustang or Padre Island; 1 -member of the Padre Island Business Association,who has been nominated by the association; 1 -architect or professional engineer,who does work on projects on Mustang or Padre Island; 1 -realtor,who primarily represents buyers or sellers of property on Mustang or Padre Island; 1 -construction contractor,who primarily works on projects on Mustang or Padre Island; 1 -representative of an environmental group; 1 -person who resides on Mustang Island or who is an employee of a Mustang Island property owner;and 4-at-large representatives who are residents of the City. Not less than twelve(12)members must reside or own property on Mustang or Padre Island.One(1)of the at-large representatives may, but is not required to,reside on Mustang or Padre Island.The City Council may appoint not more than five(5)members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island.The following organizations may appoint a representative to serve as an ex-officio advisory member of the action committee without vote:Planning Commission,Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No.4,and Corpus Christi Convention and Visitors Bureau. Of the initial members,seven (7)members shall serve a three-year term and six (6)members shall serve a two-year term,as determined by a drawing to be conducted by the City Secretary's Office.Thereafter,all terms shall be three(3) years. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Ordinance No. 028488,2/16/10;amended Ordinance 030830,4/26/16. .................................................................................................................................................................................................................................................. MEETS 1st Tuesday of every month at 5:30 p.m., Padre Isles Country Club, 14353 Commodores Dr. ISLAND STRATEGIC ACTION COMMITTEE Page 1 of 2 ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year staggered terms. .-............................................................................................................................................................................................................................................................................................................................ DEPARTMENT General Government&Operations Support . .. .. .. .. .. .. .. .. ........................................................................................................................................................................................................................................................................................ COMMITTEE/SUBCOMMITEE AGENDAS .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION ........................................................................................................................................................................................................................................................................................................................... ISLAND STRATEGIC ACTION COMMITTEE Page 2 of 2 Island Strategic Action Committee Members July 18,2017 Realignment of categories for Brud Jones(At-Large)and Libby Middleton(Residential Property Owner). Realign to Residential Property Brud Jones ISLAND STRATEGIC ACTION COMMITTEE Owner Category Other/Non-Resident 1 03/23/18 At-Large Member Libby Middleton ISLAND STRATEGIC ACTION COMMITTEE Realign to At-Large Category District 1 03/23/18 Residential Property Owner Chair Kendra L.Kinnison ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 03/23/18 Mustang Island Representative Member Carter Tate,CCIM ISLAND STRATEGIC ACTION COMMITTEE Active District 1 03/23/19 Realtor Member Cheri Sperling ISLAND STRATEGIC ACTION COMMITTEE Active District 1 03/23/19 Padre Island Business Association Member Padre Isles Property Owners Stan Hulse ISLAND STRATEGIC ACTION COMMITTEE Active District 2 03/23/19 Association Member Aaron B.Huffman ISLAND STRATEGIC ACTION COMMITTEE Active District 1 03/23/19 At-Large Member Kathleen Pratt ISLAND STRATEGIC ACTION COMMITTEE Active District 1 03/23/19 At-Large Member Rick Sowash ISLAND STRATEGIC ACTION COMMITTEE Active District 2 03/23/19 At-Large Member William Goldston ISLAND STRATEGIC ACTION COMMITTEE Active District 2 03/23/18 Professional Engineer Vice-Chair Jodi Steen ISLAND STRATEGIC ACTION COMMITTEE Active District 1 03/23/18 Construction Contractor Member Alex Harris ISLAND STRATEGIC ACTION COMMITTEE Active Other/Non-Resident 2 03/23/18 Developer Member David Perry ISLAND STRATEGIC ACTION COMMITTEE Active District 1 03/23/18 Environmental Group Member Charles L.Knoll ISLAND STRATEGIC ACTION COMMITTEE Active District 1 03/23/19 Commercial Property Owner Member Parks and Recreation Advisory Dotson Lewis,Jr. ISLAND STRATEGIC ACTION COMMITTEE Active District 4 N/A N/A Committee Representative Ex-Officio,Non-voting City Of Corpus Christi LANDMARK COMMISSION BOARD DETAILS SIZE � 1 Seats The Landmark Commission promotes the use of historical and cultural landmarks TERM LENGTH 3 Years for the culture, prosperity, education, and OVERVIEW TERM LIMIT 6 Yearsgeneral welfare of the people of the City and visitors to the City. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Eleven (11)members nominated by individual City Council Members and F-Elk appointed by a majority vote of the Council. Insofar as possible,the numerical composition shall correspond to the ethnic,gender,and economic distribution of the City according to the last Federal Census report.All members shall have knowledge and experience in either the architectural,archaeological,cultural, DETAILS social,economic,ethnic or political history of Corpus Christi.Representation of the following competencies shall be appointed as members to the commission:Two (2)historians,one(1)licensed real estate salesperson,(1)registered architect, one(1)structural or civil engineer,one(1)person knowledgeable in title search and/or property surveyor and five(5)other members. No one profession will constitute a majority of the membership.All terms for three years. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 2-204, Code of Ordinances.Ord. No. 12315, 10-16-74;Ord. No. 19908,8- 11-87;Ord. No.030228,7-15-14. _.............................................................................................................................................................................................................................................................................................................................. MEETS 4th Thursday of every month at 4:30 p.m.,City Hall, Council Chambers. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Development Services .............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE N/A AGENDAS ...................................................................................................................................................................................................................................................................................... OTHER INFORMATION LANDMARK COMMISSION Page 1 of 1 Landmark Commission Members July 18, 2017 One(1)vacancy with term to 11/20/17 representing the following category: 1-Regular Member. (Note: Margareta Fratila(Regular Member) is seeking to be reinstated.) Forfeited her position to file as a Margareta Fratila LANDMARK COMMISSION candidate for City Council District 3 Partial 11/20/17 Regular Member Member Jillian Becquet LANDMARK COMMISSION Active District 5 Partial 11/20/17 Historian Chair Craig Thompson LANDMARK COMMISSION Active District 2 1 11/20/17 Engineer Member Christine Reiser Robbins LANDMARK COMMISSION Active District 4 1 11/20/18 Historian Member Ira J.Freeman AIA LANDMARK COMMISSION Active District 4 1 11/20/19 Architect Member Dylan Farley LANDMARK COMMISSION Active District 4 Partial 11/20/17 Regular Member Member Lisa A.Garza LANDMARK COMMISSION Active District 3 1 11/20/19 Regular Member Member Bert Rucker,Jr. LANDMARK COMMISSION Active District 4 1 11/20/17 Regular Member Member Denise Gallimore LANDMARK COMMISSION Active District 4 1 11/20/18 Real Estate Member Matt Martini LANDMARK COMMISSION Active District 5 1 11/20/18 Title Search Member Randy J.Dees,Sr. LANDMARK COMMISSION Active District 2 1 11/20/18 Regular Member Member Landmark Commission Applicants July 18,2017 Dennis Durkee LANDMARK COMMISSION District 1 Regular Member Robert C.Soape LANDMARK COMMISSION District 5 Regular Member CITY OF CORPUS CHRISTI Submit Date: Feb 09, 2017 Application for a City Board, Committee, or Commission Profile Dennis Durkee Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? LANDMARK COMMISSION: Submitted MAYOR'S FITNESS COUNCIL: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? W District 1 Primary Phone Alternate Phone Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Dennis Durkee Work Address-Zip Code Work Phone dennisdurkee@hotmail.com Work E-mail address Preferred Mailing Address V Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I am also applying to the mayor's fitness council Education, Professional and/or Community Activity (Present) Please see attached resume Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? Yes r No 2 If yes,how many years? Dennis_Durkee._pdf Upload a Resume Dennis Durkee Please upload any additional supporting documents Demographics 17 Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Dennis Durkee Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V None of the above Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Dennis Durkee Dennis Durkee WORK EXPERIENCE GANNETT / USA TODAY NETWORK, Corpus Christi, TX Director of News Operations, Dec 2014 -Dec 2016 • Managed a fast-paced, deadline-oriented team that edited and designed daily newspapers for seven markets in Texas and western states. • Focused on outstanding customer service, excellent communication and professional products. • Collaborated with corporate leadership and local market staffs to streamline workflows, improve products and strengthen team performance. • (Position eliminated in mid December 2016) Senior Director, East Virtual Desk, based in Stuart, FL, Nov 2011 - Dec 2014 • Accepted the challenge of a new position charged with strengthening relationships at several offices in eastern states. • Lead successful efforts to develop common workflows, reduce task redundancies and establish trust and cooperation. Managing Editor, Treasure Coast Newspapers, Stuart, FL, Jan 2005 -Nov 2011 • Managed day-to-day operations and logistics of a 120-plus person news operation covering the Treasure Coast region of Florida. • Daily interaction with customers and frequent community events and speaking engagements. • Responsible for monthly and annual budgets and expenses, as well as staff hiring, training and development. News Editor, Treasure Coast Newspapers, Stuart, FL, Jan 2002 -Jan 2005 • Managed a small team that edited and designed a local daily newspaper, winning state and company awards. EDUCATION CENTRAL MICHIGAN UNIVERSITY, Mount Pleasant, MI Bachelor of Arts degree in Journalism SCRIPPS MANAGEMENT TRAINING PROGRAM, Cincinnati, OH ADDITIONAL SKILLS • Excellent typing and computer skills • Spanish speaking ability at conversational level INVOLVEMENT • Literacy Council of Corpus Christi: Volunteer tutor for English as Second Language program (2015- present). • The Breakers Condominium, Corpus Christi: Board of Directors member (May 2016-present). • Corpus Christi Caller-Times Good News Team: Volunteer with employee group in numerous community service projects. • National Weather Service Skywarn Network, Corpus Christi: Trained volunteer weather spotter (June 2016- present). CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Committee, or Commission Profile robert _ c soape Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted — — M Street Address Suite or Apt i State City Postal Code What district do you live in? V District 5 Primary Phone Alternate Phone n/a n/a Employer Job Title n/a Work Address-Street Address and Suite Number n/a Work Address-City robert c soape Page 1 of 6 n/a Work Address-State n/a Work Address-Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address V Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Registered Voter? Yes r No Current resident of the city? r. Yes No 8 If yes,how many years? robert c soape Page 2 of 6 Upload a Resume Please upload any additional supporting documents Demographics fJ Other Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree robert c soape Page 3 of 6 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? Yes r: No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r. Yes (- No robert c soape Page 4 of 6 Question applies to COMMISSION ON CHILDREN &YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? F- Health and Human Services F Law Enforcement F Education F Youth and Family Services F Nueces County District Attorney's Office F Youth Representative, 16 - 21 years of age at time of appointment IF None of the above Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? F- Selling of Dwellings 1— Renting of Dwellings 1— Legal Aid Society Staff Member 1— Youth Representative (not more than 20 years of age at time of appointment) 1— None of the Above Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? r Historian Licensed Real Estate Salesperson Registered Architect 1— Structural or Civil Engineer 1— Title Search and/or Property Surveyor 1— None of the above robert c soape Page 5 of 6 Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r Yes ( No Question applies to TREE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Landscape Architect .r Certified Arborist or Urban Forester Electric Utility Provider AEP, Texas Representative None of the above robert c soape Page 6 of 6 City Of Corpus Christi MECHANICAL/PLUMBING ADVISORY BOARD BOARD DETAILS SIZE � 1 Seats The Mechanical/Plumbing Advisory Board advises the City Manager regarding any TERM LENGTH 2 Years matter in the mechanical, plumbing, and OVERVIEW TERM LIMIT 6 Yearsirrigation fields that it considers should be brought to the attention of the City Council. Furthermore, the Mechanical/Plumbing Advisory Board shall have the power, after having obtained public comment, to recommend to the City Council changes to the City's Fuel Gas, Mechanical, and Plumbing Codes. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Eleven (1 1)persons appointed by the City Council:Three(3)persons,each of F-�Ik whom shall have at least five(5)years active experience as a plumber,at least three(3)years of which shall have been in Corpus Christi and at least two(2)of these persons shall be or have been Master Plumbers,preference for appointment may be given to plumbers licensed in the State of Texas and DETAILS currently active in the plumbing trade;one(1)person who shall have at lease five (5)years of active experience as a mechanical engineer,preference for appointment may be given to professional engineers licensed in the State of Texas;one(1) person who shall have at least five(5)years experience in the home building industry;one(1)person who shall have at least five(5)years experience in the commercial building industry;three(3)persons,each of whom shall have at least five(5)years of active experience in heating,ventilation,air conditioning and refrigeration contracting business,preference for appointment may be given to persons licensed in the State of Texas in heating,ventilation,air conditioning,and refrigeration contracting (HVAC);one(1)person who shall have at least five(5)years of active experience in landscape irrigation,preference for appointment may be given to irrigators licensed in the State of Texas;and one(1) person not connected with the building industry.Six members constitute a quorum,and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board.The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Code of Ordinances. Sec. 13-1,Subsection 105.3.1 Ord. No. 15267;20294- 5/3/88;20674-5/16/89; 021 208-8/6/91; 022973-6/24/97;Sect. 14-226(c)Ord. 25467-9/9/03,029726 1/15/13;Ord. No.30590-8/25/15. ........................................................................................................................................................................................................................................................................................................................ MEETS Once quarterly,on the 2nd Thursday of the month in which called,2:00 p.m., Frost Bank Building, Fire Department's Conference Room,3rd Floor;and on call as MECHANICAL/PLUMBING ADVISORY BOARD Page 1 of 2 deemed necessary. .............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Development Services ....................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION _.............................................................................................................................................................................................................................................................................................................................. MECHANICAL/PLUMBING ADVISORY BOARD Page 2 of 2 Mechanical/Plumbing Advisory Board Members July 18,2017 Two(2)vacancies with terms to 1/2/19 representing the following categories: 1-Commercial Builder and�1-Member Not Connected to the Building Industry. Board Name ly W, Vacancy MECHANICAL/PLUMBING ADVISORY BOARD Vacant 01/02/19 Commercial Builder Member Vacancy MECHANICAL/PLUMBING ADVISORY BOARD Vacant 01/02/19 Not Connected to the Building Industry Member Mike Wanzer MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 2 01/02/19 Air Conditioning Chair Carl Suding MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 1 01/02/19 Irrigator Member Benny M.Franklin MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 1 01/02/19 Master Plumber Member Stacy Gallagher MECHANICAL/PLUMBING ADVISORY BOARD Active District 5 1 01/02/18 Home Builder Member Travis M.Yeary MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 1 01/02/19 Air Conditioning Member Jared Merdes P.E. MECHANICAL/PLUMBING ADVISORY BOARD Active District 1 2 01/02/18 Mechanical Engineer Member Ronald Klepac MECHANICAL/PLUMBING ADVISORY BOARD Active District 1 3 01/02/18 Air Conditioning Member Maverick C.Volesky,Jr. MECHANICAL/PLUMBING ADVISORY BOARD Active District 5 1 01/02/18 Plumber Member Mike Dildy MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 1 01/02/18 Master Plumber Member Mechanical/Plumbing Advisory Board Applicants July 18,2017 I Boards Applying . amp �® William F.Boeker MECHANICAL/PLUM BING ADVISORY BOARD District4 Retired T T...W ■ ■ Not Connected with Building Industry Billy F.Largin MECHANICAL/PLUM BING ADVISORY BOARD District2 Self-Employed 6645 Longmeadow Dr. Corpus Christi TX 361-723-1573 Commercial Building Industry CITY OF CORPUS CHRISTI Submit Date: Jun 20, 2017 Application for a City Board, Committee, or Commission Profile William F Boeker Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? MECHANICAL/PLUMBING ADVISORY BOARD: Submitted — — `&�--h!k— -M Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 Primary Phone Alternate Phone retired Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Work Address-Zip Code William F Boeker Work Phone billboeker@aol.com Work E-mail address Preferred Mailing Address W Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) High School Some Collage Why are you interested in serving on a City board, commission or committee? Getting involved in city activities and possibly helping in approvements Registered Voter? Yes r No Current resident of the city? r. Yes r No 50 years If yes,how many years? resume.pages Upload a Resume Please upload any additional supporting documents William F Boeker Demographics Ethnicity 9 Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree William F Boeker Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to MECHANICAUPLUMBING ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ Not Connected with Building Industry William F Boeker 1965-1970- Employed by Department of Defense 1970 -1996- Federal Aviation Administration-Controller at Houston Intercontinental Controller at Corpus Christi International Airport, promoted to Supervisor, Then promoted to Air Traffic Manager-Spent several details in Regional and Washington offices - Retired 1983 -2016 Formed Boeker Industries Inc. manufacturing aluminum products for the Marine Industry Retired 2017 CITY OF CORPUS CHRISTI Submit Date: Jun 27, 2017 Application for a City Board, Committee, or Commission Profile Billy F Largin Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? MECHANICAL/PLUMBING ADVISORY BOARD: Submitted — — `&�--h!k— -M Street Address Suite or Apt State City Postal Code What district do you live in? W District 2 Primary Phone Alternate Phone Self Employer Job Title 6645 Longmeadow Dr. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State 78413 Work Address-Zip Code Billy F Largin 361 723 1573 Work Phone billy@lcscc.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Previously served on the MPAB Why are you interested in serving on a City board, commission or committee? I was asked to serve Registered Voter? 6* Yes e No Current resident of the city? Yes c No 56 If yes, how many years? Upload a Resume Please upload any additional supporting documents Billy F Largin Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender I -J Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Billy F Largin Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to MECHANICAUPLUMBING ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Commercial Building Industry (minimum five years' experience) Billy F Largin City Of Corpus Christi NORTH PADRE ISLAND DEVELOPMENT CORPORATION BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT N/A The North Padre Island Development Corporation manages the Reinvestment Zone No. 2 and implements the project and financing plan. ■ •q ■ DETAILS COMPOSITION Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two -years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, with or without cause, by the City Council. CREATION / AUTHORITY Tax Increment Financing Act, Tax Code Section 311.010(f); Chapter 431, Subchapter D of the Texas Transportation Code; Resolution No. 025040; M2003- 001. MEETS To be determined TERM DETAILS Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two -years. DEPARTMENT General Government and Operations Support COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION NORTH PADRE ISLAND DEVELOPMENT CORPORATION Page 1 of 1 North Padre Island Development Corporation Members July 18, 2017 One (1) vacancy with term to 12-31-18. (Note: New Council Member Debbie Lindsey -Opel was sworn -in 7/11/17.) Board am Vacancy Rudy Garza NORTH PADRE ISLAND DEVELOPMENT CORPORATION NORTH PADRE ISLAND DEVELOPMENT CORPORATION Vacant 1 12/31/18 Member Active 2 12/31/17 Member Ben Molina NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active Partial 12/31/17 Member Michael T. Hunter NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active Partial 12/31/17 Member Carolyn Vaughn NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 2 12/31/17 Member Lucy Rubio NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 2 12/31/18 Member Greg Smith NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active Partial 12/31/17 President Joe McComb NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 1 12/31/18 Vice -President Paulette Guajardo NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 1 12/31/18 Member City Of Corpus Christi REINVESTMENT ZONE NO. 2 BOARD BOARD DETAILS OVERVIEW SIZE 13 Seats TERM LENGTH 2 Years TERM LIMIT N/A The Reinvestment Zone No. 2 Board shall make recommendations to the City Council concerning the administration of the zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. DETAILS COMPOSITION The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten (10) members, and the board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and own real property in the zone. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice -Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. CREATION / AUTHORITY Motion No. 2000-396, 11/14/00; Ordinance No. 024270, 11/14/00; Motion No. 2000-408; Motion No. 2000-409, 11/21/00; Motion No. 2009-259, 9/15/09. MEETS On call, Council Chambers TERM DETAILS Two-year staggered terms. DEPARTMENT General Government and Operations Support REINVESTMENT ZONE NO. 2 BOARD Page 1 of 2 COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION REINVESTMENT ZONE NO. 2 BOARD Page 2 of 2 Board Nam Term End Date Category Position Reinvestment Zone No. 2 Board Members July 18, 2017 One (1) vacancy with term to 11/1/17. (Note: New Council Member Debbie Lindsey -Opel was sworn -in 7/11/17.) Vacancy REINVESTMENT ZONE NO. 2 BOARD Vacant 1 11/01/17 City Member Rudy Garza REINVESTMENT ZONE NO. 2 BOARD Active 2 11/01/17 City Member Carolyn Vaughn REINVESTMENT ZONE NO. 2 BOARD Active 1 11/01/17 City Member Joe McComb REINVESTMENT ZONE NO. 2 BOARD Active Partial 11/01/17 City Member Cal Jennings REINVESTMENT ZONE NO. 2 BOARD Active 2 Nueces County Hospital 11/01/18 District Member Greg Smith REINVESTMENT ZONE NO. 2 BOARD Active Partial 11/01/17 City Chair Lucy Rubio REINVESTMENT ZONE NO. 2 BOARD Active 1 11/01/17 City Member Samuel Neal, Jr. REINVESTMENT ZONE NO. 2 BOARD Active 2 11/01/18 Nueces County Member Ben Molina REINVESTMENT ZONE NO. 2 BOARD Active Partial 11/01/17 City Member Michael T. Hunter REINVESTMENT ZONE NO. 2 BOARD Active Partial 11/01/17 City Member Paulette Guajardo REINVESTMENT ZONE NO. 2 BOARD Active Partial 11/01/17 City Member Gabriel Rivas REINVESTMENT ZONE NO. 2 BOARD Active 2 11/01/18 Del Mar College Member Steve Ellis Flour Bluff Independent REINVESTMENT ZONE NO. 2 BOARD Active 2 11/01/18 School District Member City Of Corpus Christi REINVESTMENT ZONE NO. 3 BOARD BOARD DETAILS OVERVIEW SIZE 12 Seats TERM LENGTH 2 Years TERM LIMIT N/A The Reinvestment Zone No. 3 Board shall make recommendations to the City Council concerning the administration of the zone. (The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA - Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. DETAILS COMPOSITION The Board shall consist of twelve (12) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from the Downtown Management District, and the board may exceed twelve (12) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City; or be at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice -Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. CREATION / AUTHORITY Ord. No. 027996, 12/16/08; Ord. No. 028136, 04/28/09; Ord. No. 029403, 3/2/12; and Ord. No. 030286, 9/16/14. MEETS On call, Council Chambers. REINVESTMENT ZONE NO. 3 BOARD Page 1 of 2 TERM DETAILS Two-year staggered terms. DEPARTMENT City Manager's Office COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION REINVESTMENT ZONE NO. 3 BOARD Page 2 of 2 Reinvestment Zone No. 3 Board Members July 18, 2017 One (1) vacancy with term to 2/28/17. (Note: New Council Member Debbie Lindsey -Opel was sworn -in on 7/11/17.) End Date Category Vacancy REINVESTMENT ZONE NO. 3 BOARD 1 02/28/17 City Member Rudy Garza REINVESTMENT ZONE NO. 3 BOARD Active 3 02/28/19 City Member Carolyn Vaughn REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/19 City Chair Greg Smith REINVESTMENT ZONE NO. 3 BOARD Active 1 02/28/19 City Member Paulette Guajardo REINVESTMENT ZONE NO. 3 BOARD Active 1 02/28/19 City Member Lucy Rubio REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/19 City Member Ben Molina REINVESTMENT ZONE NO. 3 BOARD Active Partial 02/28/18 City Member Michael T. Hunter REINVESTMENT ZONE NO. 3 BOARD Active Partial 02/28/18 City Member Joe McComb REINVESTMENT ZONE NO. 3 BOARD Active Partial 02/28/18 City Member Claudia Jackson REINVESTMENT ZONE NO. 3 BOARD Active 3 02/28/18 Del Mar College Member Al Jones REINVESTMENT ZONE NO. 3 BOARD Active Partial 02/28/18 Downtown Management District Member Mike Pusley REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/18 Nueces County Vice -Chair City Of Corpus Christi SENIOR COMPANION PROGRAM ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 7 Sea TERM LENGTH 2 Years TERM LIMIT 6 Years The Senior Companion Program Advisory Committee advises the City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program (SCP) including, but not limited to: recruitment strategies; providing support in recruitment of volunteers and volunteer stations; serving as community advocates and liaisons; assisting in development of non-federal resources to include fundraising; advising on programming for impact; advising on how to measure trends and impact of trends in the community; assisting with development and implementation of program evaluations and surveys; conducting an annual assessment of the program by surveying program volunteers; bi-annually assessing project accomplishments and impact; and attending special events and activities related to the SCP. DETAILS COMPOSITION The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 - SCP Volunteer (active volunteer for one-year/serve minimum fifteen (15) hours per week), 1 - SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 - At -Large. All terms shall be two (2) years. CREATION / AUTHORITY Ordinance No. 027915, 10/28/08. MEETS Last Thursday of every month at 4:00 p.m., Lindale Senior Center. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Page 1 of 1 Senior Companion Program Advisory Committee Members July 18, 2017 One (1) vacancy with term to 6/16/19 representing the following category: 1- At -Large. (Note: Martin Longoria declined his appointment by City Council on 6/20/17. The Senior Companion Program Advisory Committee is recommending the new appointment of Maria 1. Odeh (At -Large). Vacancy SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Vacant 06/16/19 Member At -Large Christine Head SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 1 Partial 06/16/18 Member SCP Volunteer Jeannine M. Leal SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 4 1 06/16/18 Member At -Large Sherry DuBois SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 5 2 06/16/19 Co -Chair At -Large Veronica Marsello SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 2 2 06/16/19 Member SCP Volunteer Station Tami Longino SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 4 3 06/16/19 Chair At -Large Veronica Ramirez SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 3 1 06/16/18 Member At -Large District 1111111116 ,® Work Phone Maria I. Odeh SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 2 Gentiva Hospice 5330 South Staples Corpus Christi TX 361-992-2700 At -Large Senior Companion Program Advisory Committee Applicants July 18, 2017 Gloria Ortiz SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 1 At -Large CITY OF CORPUS CHRISTI Submit Date: Jun 01, 2017 Application for a City Board, Committee, or Commission Profile Maria 1 Odeh Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 2 11.11.11100.111 Primary Phone Alternate Phone Gentiva Hospice Medical Social Worker Employer Job Title 5330 South Staples Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code Maria I Odeh Suite or Apt State Postal Code 361-992-2700 Work Phone maria.odeh@gentiva.com Work E-mail address Preferred Mailing Address F? Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Master of Social Work 21 years experience as Hospice Social Worker, 8 Years expeerience in Healthcare related social work; 6 years experience as Senior Companion Volunteer Services Advisory Board; Over 10 years as Volunteer Station Liason for Senior Companion Volunteer Community Services Why are you interested in serving on a City board, commission or committee? I have served in the past, and I am interested in resuming my position since I continue to be committed to the Senior Community Volunteer Services Program. Registered Voter? Yes c No Current resident of the city? Yes e No 31 years If yes, how many years? Maria Isabel Odeh Resume.pdf Upload a Resume Maria I Odeh Please upload any additional supporting documents Demographics I Hispanic Gender IW Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Maria I Odeh Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * I SCP Volunteer Workstation Representative (Executive, Director or similar leadership position at a current SCP Volunteer Station) Maria I Odeh From: 06/01/2017 08.17 #928 P.002/002 Maria Isabel Odeh Employment Gentiva Hospice, An Affiliate cif Kindred at Home/Medical Socia! Worker —July 1996 to Present Provide teaching, counseling and support to terminally ill patients and their families. Home Health Social Worker -- Independent Contractor 1993 to 1996 Social work services to patients in numerous home health agencies in the Community. Christus Spohn Hospital -- 1990 to 1993 Hospital social worker - Discharge planning services in hospital setting. Bayview Hospital —1987 to 1990 Psychiatric social worker -individual, group and family therapy in hospital setting. Texas Department of Human Services —1982 -1987 Child Protective Services Caseworker Education Master of Social Work, 1982; Bachelor of Social Work, 1981 Our Lady of the Lake University, San Antonio, Texas Community Involvement City of Corpus Christi —Advisory Board Member/Senior Companion Volunteer Program 2009 - 2016 CITY OF CORPUS CHRISTI Submit Date: Feb 07, 2017 Application for a City Board, Committee, or Commission Profile Gloria Ortiz Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * IW District 1 Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Gloria Ortiz Suite or Apt State Postal Code Work Phone gloriaortiz44@yahoo.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) GED. I enjoy fishing and sewing. Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes c No Born and raised here in C.C. If yes, how many years? Upload a Resume Please upload any additional supporting documents Gloria Ortiz Demographics Ethnicity 17 Hispanic Gender IW Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Gloria Ortiz Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * fJ SCP Volunteer (Active Volunteer for one-year/serve minimum fifteen (15) hours per week) Gloria Ortiz AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase and Installation of Playground Equipment at Sacky Park CAPTION: Motion approving the purchase and installation of playground equipment at Sacky Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $53,252.65, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Funding for this playground is from the Community Development Block Grant B -16 -MC -48-0502 for program year 2016- 2017. PURPOSE: This item is to approve the purchase and installation of playground equipment at Sacky Park. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department has received a Community Development Block Grant to improve Sacky Park at 2719 Sacky Drive, Corpus Christi, Texas, 78415 for all to enjoy. This project was in the Housing and Community Development 2016-2017 Annual Action Plan that was approved by City Council on July 12, 2016 by agenda File #16-0639. The park is seven acres and provides recreational space for the immediate neighborhood which includes single family homes, apartments and assisted housing units. This project will include the construction of a new playground to serve youth ages 2-12 years old, new park benches and picnic tables and trees. In addition, a split rail fence around the perimeter of the park will be installed to protect the improvements and prevent access of vehicles onto the multi-purpose fields for public safety. 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: Park & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $184,469.00 $0.00 $184,469.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $53,252.65 $0.00 $53,252.65 BALANCE $131,216.35 $0.00 $131,216.35 Fund(s): CDBG Grants Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Service Agreement No. 48644 Playground Equipment and Installation for Sacky Park THIS Playground Equipment and Installation for Sacky Park Service Agreement ("Agreement") is entered into by and between Park Place Recreation Designs, Inc. ("Contractor") and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide playground equipment and installation for Sacky Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment for Sacky Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $53,252.65, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services 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 the Contractor be considered an employee of the City. Page 1 of 5 6. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator and City's Risk Manager. Additionally, the Contract Administrator and Risk Manager must be given at least 30 days' advance notice, by certified mail, of cancellation, material change in the coverages 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 15 days of the City Manager's reasonable written request. 7. Bonds. The Contractor will maintain payment and performance bonds for the full contract value during the term of this agreement. Such bonds shall automatically increase should there be an increase in the agreement value. 8. Ownership of Work Product. The City owns exclusive rights to all work designed, drafted, created or prepared by the Contractor under this Agreement. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Page 2 of 5 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be 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 are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 15.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18. Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand -delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth 1201 Leopard Street 3rd Floor Park & Recreation Corpus Christi, Texas 78401 IF TO CONTRACTOR: Contractor Contact Address: City, State, Park Place Recreation Designs, Inc. Michael Carlson P.O. Box 18186 San Antonio, Texas 78218 Page 3 of 5 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF 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 AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Page 4 of 5 CONTRACTOR Signature: a's,JAA-e44- ( Printed Name: M a' 11 ui /I'tr Title: Ji(J PRJi6QY1 Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Federal Requirements Page 5 of 5 Attachment A: Scope of Work 1.1. Scope of Work A. Company will provide and install equipment, poured -in-place fall zone at Sacky Park located at 2800 Sacky Drive, Corpus Christi, Texas 78415. 1) Installation of playgrounds will include (a) Line location (b) Grading for base installation for pour in place surfacing (c) Installation of playground per manufactures instructions 2) Installation of a 1,114 SF concrete slab at 4' thick including (a) all material and work to complete forming for concrete pad (b) all material and work to complete reinforcing with wire mesh (c) all material and work to complete placement and finishing of concrete (d) all material and work to complete clean up 3) Installation of 1,114 SF at required depth per fall height of one poured in place rubber pad including (a) all material and work to complete mixing of bonding agent and rubber surfacing (b) all material and work to complete placement of pour in place rubber pad 4) All material and labor to complete clean up 1.2. Installation Phase All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 PARK PLACE RECREATION DE Vol` Park Place Recreation Designs, Inc. OFFICE P.O. Box 18186 San Antonio, TX 78218 PHONE 800-626-0238 210-821-5878 FAX 210-832-0115 EMAIL fun q©mirac1eparkplace.com WEB www.miracleparkplace.com www.the-art-of-play.com Date: March 30, 2017 Customer: City of Corpus Christi QUOTE: R0917 0161 Project: Sacky Park #466-S012 Nexus Nautilus 2 ITEM DESCRIPTION Revision #2 QTY UNIT PRICE TOTAL PRICE 1 $22,764.00 $ 22,764.00 ! Concrete Slab Approved BuyBoard Vendor Contract #512-16: PARK PLACE RECREATION DESIGNS, INC, 210-821-5878 • 800-626-0238 FAX: 210-832-0115 www.m i racIeparkpl ace.co rn Board' Cooperaerre Parchas/ng Approved Vendor -Proposal ff 512-16 www.buyboard.corn 1 $9,068.00 $ 9,068.00 Poured -In -Place Rubber Surfacing, 4" Thick, Approx. 1,114 sq. ft, COLOR: 50/50 Mix (50% Black/50°A) TBD) 1 $15,875.00 $ 15,875.00 CDBG Project Sign Installation Payment Bond 1 $1,100.00 $ 1,100.00 1 $1,490.00 $ 1,490.00 Discount (if applicable - BuyBoard #512-16) 1 -$4,208.35 $ (4,208.35) Installation of Equipment 1 $6,150.00 $ 6,150.00 Freight 1 $1,014.00 $ 1,014.00 Tax Subtotal ,$ 53,252.651 0.00% $ 0.00 Grand Total $ 53,252.65 •Pricing is for materials/delivery. Installation is not included unless priced above •If not priced above and if required, the following items and associated costs/fees will be the responsibility of the customer: Engineer Sealed Drawings — Local Building Permits — Payment/Performance Bonds —TDLR Registration/Review/Inspections. Each item, along with its fee/cost, will be listed separately. *Prices are valid for 30 days after which they are subject to change.Any work not specifically mentioned in this proposal as being included shall be deemed excluded.The customer will be responsible for any taxes owed. *Payments made with credit card will have an added 4% service charge. •If a 30 -day Notice of Insurance Cancellation is required, there will be an additional charge of $75. Please issue all purchase orders and payments to Park Place Recreation Designs, Inc. Municipalities/School Districts purchase orders accepted as authorization. Authorized By: x Printed Name Signature Date ainpayos 6upiad/p19 :9 4uauay3a44d To verify protluct certcation, vi twww.ipema.org City of Corpus Christi Parks Nexus Corpus Christi, TX 1 FOR KIDS AGES 5-12 YEARS AGE GROUP: 5-12 ELEVATED PLAY ACTIVITIES - TOTAL: 0 ELEVATED PLAY ACTIVITIES ACCESIBLE BY TRANSFER: 0 REQ'D 0 ELEVATED PLAY ACTIVITIES ACCESIBLE BY RAMP: 0 REQ'D 0 GROUND LEVELACTIVITY TYPE: 4 REQ'D 0 GROUND LEVEL QUANTITY: 11 REQ'D 0 NEXUS NAUTILUS 2 466S012 " Miracle PARK PLACE RECREATION DESIGNS, INC. R0009 42802413157 P.O. Box 18186 San Antonio,TX GROUND SPACE: 25'-0" x 20'-6" PROTECTIVE AREA: 37'-6" x 33'-0" `RAWN BY: Mike Carlyon PHONE NO: (210) 821-5878 FAX NO: (210) 832-0115 COMPLIES TO ASTM/CPSC I DATE:3/8/2017 COMPLIES TO ADA To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signage near each playsystem's main entry point(s) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER &AROUND ALL PLAY SYSTEMS 0 0 42. 0 42. DATE: 03/08/17 SCALE: 1/8"=V-0" 32'-3" 44' City of Corpus Christi Parks Nexus Nautilus 2 Drawing #CCNautilus_ Park Place Recreation Designs, Inc. Life - Have Fun With It! Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer 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 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability INSTALLATION FLOATER Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 5 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Parks and Recreation Park Equipment and Installation 02/27/2017 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Service Agreement No. 48644 Award Date of the Contract: Contract Price: $53,074.65 Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Playground Equipment and Installation at Sacky Park No. 48644 006116-4 Rev. 01-13-2016 Page 4 of 5 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Playground Equipment and Installation at Sacky Park No. 48644 006116-5 Rev. 01-13-2016 Page 5 of 5 Attachment D - Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR -01 Breach of Contract Terms FR -02 Termination of Contract FR -03 Equal Employment Opportunity - 41 CFR Part 60-1.4(b) FR -04 Standard Federal Equal Employment Opportunity Construction Contract Specifications — 41 CFR Part 60.4.3 FR -05 Copeland Anti -Kickback Act 29 CFR Part 5 FR -06 Davis -Bacon Labor Requirements 29 CFR part 5 FR -07 Contract Work hours and Safety Standards Act Requirements FR -08 Regulations Pertaining to Reporting FR -09 Rights to Inventions FR -10 Access to Records and Record Retention FR -11 Clean Air and Water Pollution Control FR -12 Energy Conservation Requirements FR -13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR -14 Lobbying and Influencing Federal Employees FR -15 Economic Opportunities for Low and Very -Low Income Persons FR -16 Affirmative Action Regulations and Plan FR -17 Women and Minority Owned Businesses (M/WBE) FR -18 Accessibility Section 504 Compliance FR -19 Texas Architectural Barriers Act FR -20 Drug -Free Workplace Requirements FR -21 Field Requirements Page 1 of 45 FEDERAL REQUIREMENTS: FR -01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 45 FEDERAL REQUIREMENTS: FR -02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 24 CFR 85.36 Page 3 of 45 FEDERAL REQUIREMENTS: FR -03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractors commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by Page 4 of 45 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference: Executive Order 11246 & Title 41 CFR Part 60 -1.4 Page 5 of 45 FEDERAL REQUIREMENTS: FR -04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractors or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Page 6 of 45 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractors obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractors employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least Page 7 of 45 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractors EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractors obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the Page 8 of 45 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractors noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: Executive Order 11246 & Title 41 CFR Part 60 — 4.3 Page 9 of 45 FEDERAL REQUIREMENTS: FR -05 COPELAND "ANTI -KICKBACK" ACT — 18 U.S.C. 874 / 40 U.S.C. 276c / 29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 45 FEDERAL REQUIREMENTS: FR -06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis -Bacon and Related Act Requirements: All rulings and interpretations of the Davis -Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 11 of 45 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Page 12 of 45 Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Page 13 of 45 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman Page 14 of 45 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of influencing in any way the action of such Administration....makes, utters or publishes any statement Page 15 of 45 knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 Page 16 of 45 WAGE RATES 312i.W17 r=nps...gww.-,•m .growdcwsr if ristaear CC31,0rt ==i) General Decision Number: TX179 31 01/06/2017 TiG3. Superseded Omaral Derision Number: TX20166.831 State; Texas construction Thr I, : Heavy Counties: NLeces and San Patricio Counties it Texas. HEAW ror,"sTR..:C-_ON ••ROJECLS (including Sewer and Water Lina C4r.57.-',i:'I' c,.. .erl:J r: -J .nage Projects) !vote: J'-cr=- EXec=Jtive Order (Erb) 1X6SEI, an hourly pinimui wage t $1 . Ze =or colt—cu ti,.tar 2017 applies t:n all concocts 5uh.jeCt to the n. i ; -['tilts. n Act r'or which the contract is awarded (and any solict.taticn 4r< or after January 1, 2a15. If this contract Ls coverej by tris EB, the contractor must pay all workers in any clsssificaiic listed on this wa.gg determination at least $1g.20 _ E r hour (or the a ppl i c ahs wage rate listed an this —102 - r..'_e rmi net ion, if it is '710-e-) 'or all Hours spent pertr•rmin r: 7-p :r:• -.tract in rale-rla-• ;.car 2017. The ED mini -Am Saar= r-tp k 1 : =e Ad7+riSted A:JrI_LIonal infn,matior or cc•n1-arty- rEq..irarPrt9. and wrrrko- 4_rr.tc'cTion5 4lrtirJ -r the EC; s evsiLable at we.w. cul, gov/whd: govcor trac -5 . m ,di -=;:Lotion Number Publi[ation Date 01/06)2017 2r017 SLlTX1987-091 12/431,190.7 Rates Frirges rARPEPITER (Excluding Farm Setting)- .. ..,.._...$ 9.05 Concrete Finisher. 6q. _...$ 7.56 ELECTRICLAPN mmmmm......3 15.3.7 Laborers: Cc nrl..,...«�..........m..,$ 7.25 Utility.....,,... ...•.•..S 7.6® Power ecimipoent operators: Backhoe .,..$ 9.21 Motor £radar.•.. -e. ------.a e.72 2.58 WELDERS - Receive rete prescribed for craft performing operation to which weldin,E is incidental, .sw f.t ==__=====a.aa_=aa Note: Executive Order (EO) 137e+6, Establishing paid Sick Leave for Fed a r`al Contractors applies to all contracts subject to the Oavis-SacOf1 Act for which the contract is awarded (and any solicitation was issood) OD or after January 1, 2017. If this contract is covered by the EOE the Contractor must provide emp'::yrees .,i'_h 1 hour of paid sick leave for every 39 hours 7I-Pn -'k up 70 W. hours of paid sick leave each year. tmp=offFe4 -us* he permitted to use. paid sick. Leave for their Fe415 hvaa �x.w g.:: lw. rkal •t; .. r f rY.ca , I alia+G1711. Mita. tr Y=d Page 17 of 45 Iii2V2017 rY11DEL4'4rrr'.•r:n^r5E4 dcaU'sca'i eRiciRre4 r) 31.Wb?=0 own injury or other ,health-related needs, iriCl'ding prevent : •.: • :.i- ; tO .aS Sist a family, menber <or• person who is like °`ami1} 70 the employee) who is ill, injured, or has other ht. „ h -elated needs, inCljding preventive care; or for reasons ri••A»1. LL-rg from, or tc, assist a family ember e•r• (car person who is 11.'. rAmilyr tri the employee] who is a victim ofp domestic violence. sexual assault, or stalking. Additional information On contractor requirements and worker protections under the E0 is available at WWw.Col.gov/whdigavcontracts, Unlisted erdas ifi:.1-iri••p'. ••ne1ed fir work not included within tha ECopc. or t -c :y-,:irr1 ,a3 listed maybe edded efttr award only as 7.,o•., _Jed in the labor standards contract clauses (Z CFK 5,.5 (a) (l) {ii}] The body a# each wage dett!"mination lists the classification and wage rates that have ben found to be prevailing for the cited type(s) of construction in the area covered b the wage detert.ira'.-i on_ The rla 5 i 1 i cations are listed in alphabetica order v= "idant ftF -s'° th; t : r I is-WLe whether the particular rate is a union rate (cur7ren7 ii" ' " negotiated rate for local), 8 survey rate (weighted average rate) or s union average rate Cweighted union average rate), Union Rate Identifier, A four letter c1assi•fie.ticn abb-eviration identifier enclosed in dotted linos b.iginri.ing_ wi._h characters otker then "SU- or -UAVF" denotes that the 4Jnie LLds,sificaL_c-n anc r.sto were prevailing for tn=-t flassifiestion in the su -way_ Exa-Iplc PLUM13198-F I5 07/@1/10=4. PLL is an abbrvio"ivri Identifier of Tref urtilpr •„ tiCr in the sur,:v _.,.,.. ::.I115 classif ca -i ^-, %,-1Ch h r1 this exanpl= .•c•u .i :e P 1.j� kiers,. 1319@ indicitca lar=_= unify il..rhrt :,--ais._rLct cc•Lncil number wheri- L.c., =-lumbers local 0198, -••r• -.ext number, eln in the exa-n::11,': 4r-• _rtcrrol n_-,ber used in processing the wage det=_- -a-ion. E77/0'.1/2014 is the effective date of the most CUrirtr1 ..tac•LLated i-a=e, which in this exrainple is July 1, 2014 - union. Union pr ai11ng wage rateA are updated to ref 1 ect all rate chane{ in te co1.leCtiwe bargaining agreement (calk) governing this classification and rate. 5ur:� r• R.1- 4 Identifiers C1.1,s :icati.na listed unir the "5U" identifier indicate that no ru.,r 1 -MI! _:-availed for -his i a-asific.atiorl in the survey and -the 7uhl..she,5, rats is der' -,ped by osmputing a weighted average rate ba=prf on all the rates reported in the survey for that cla=-s=. _rti ran . A5 th+ •; :r• . gh te-J average rate includes all rates : cper ed in the survey, it -., include both union and non-r.r•. i on rt: L•cS. ExampleULA2ei1 -.::u f 5113/.2014. SU indicates the r=tes n-0 survey rates based -i a iti•eiE-ted average nails ula L Lc n of rates and are not vr'b j r_: it t• -rates. ij. indicates the Stele : f Louisiana. 2012 is the year :,f 'SuP'V'ey on whicq these clas-:ificatiors and rates ar= boson. 1 ie next number, ae7 in the exan=le, is an internal nu -_••_r used in producing th:- waga deterninstio-_ �i 20i4 in+�.- .,�: ,� 1'i_ survey :ampletia- datte for 1 . .. classifications and rate, ur :JL =_fia'_ Lel LJ r'_r i AhriA v-vrcdd,6vv,+.vr}d.S5 Irna+ 35'i Dr'p'TX31 b .'e D Page 18 of 45 3r7=17 1? h[losfk"rteww.5•Oal.Bawl+rr ilk,cfi4rx kliauistecorirr 31 xhal37,-=0 Survey wage "u itis are not updated and remain in effect until a new survey r _J tt ncucted. Union Average Rate Identifiers Classification(s) fisted under the u006 identifier indicate that no single majority rate prevailed those classifications; however, 1 of the data reported for the classifications was union data. EXAMPLE; 14VG.Q14- 919 .08/29fi014. LIik'G indicates that the rnto lc .7 wo' phtid union average rate. Cc indicates the state_ TIIe H4X1 (Humber, 0010 in the example, is an internal number usec in procui ing thr_ wage determination. 08/29/2014 indicates the survey f camp 1etion <late for the classifications and rates under that Lcentifier. A LPAVG rate will be updated once a year, usually in 'Lzriu ry each year. to reflect a weighted average of the current negotiated/CM rate of the union locals from which the rate is haled_ WAGE nETERMINATION APPEALS PROCESS 1.) Inas there been an initial decision In the matter? This can be: * an existing pLblis-ed ,.oge determination • a survey unde.._yirr a ,.age determination • a Wage and flour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling an 51Ir'.21,'a related matters, initial €ontart, including requests for -,...-frare5 q -f surveys 5F•:1 1:i be with the Wage and Hour Regional iffite fur the arn.i i,5 why :`h th Eo.rvr:y was zonducted because those Re;•Dna1 0�.f,- hr:vp rr;poI7c1h11 -i" the Davis -®actin survey Frogra-. if ^ez-nr a frac this initial contact is not t.a,far`tr r arc- "e process described in 2_} find 3.} s houj,L ti- 1 1 r`wi• d. W_ F. '1:K.Ard 420 .any other matter not yet ^=peg for the formal pra_ecs described here. initial contact should be with the Firor c - of Construction Wage t 4 r• i •i• iriiticris . Write to; Branch of Construction Wage Determinations Wage and Hour* 0ivisiOn 1..5. Department of Labor 20a constitution Avenue, N.W. Washington, DC 20116 2.) if ,he answer to the question in i.) is yus, then an interested part/ (those a-Ffe€ted by the action) Can request ✓ auiew and reconsideration from the Wage and Hour Adnini5tr*:rtor` (See 29 CFR Part 1.R. and ag CFR Part 7). Write to Wage and Hour Ad iin i stratc r U_$. Department 'f Labor CanStitutian Avenue, (CV, WRshinedn, DC 2E1.210 i hr• r•:._il..L.-.t should be accompanied by a full statement of the inTrr,,ted party ' s position and by any information (wage ICL+_ _ novo; Jra.a*: °.a S# bgxPril)eitchebiY=0 Page 19 of 45 M1 �,•��I �a.ii SFA':'a.1.�+Yi''.�..��I•iiur��.1.1�1:f�l..a `l, 'Ys'kr 111)10 101 Lsl1 -L1ect description, -:' ' )I J ti g maier•.iriga etc.) tha: : ' ;•u uE Lor considerg r=1e'a, t to the 1554e, 3.) If the decision of the ^.d w i rriS t ratOr- iS not favor]b1e o an interested parity rray ap p m i ri - ct iy to tha mini str at iVe Rewiew Board If arffar_• t'e Vag' App.215 Ward) . Write to ,4dmini Strat ,1T R PA iiw � e' A rrl U.S. e Department of lahn- 2013 C fStitution Aveiue, N.W. hind pan, DC 20210 4.) All d cisi ns by the A° i r,,t ive a' . i ew Board art final. z================mi===ma..immilrus========mmrmsruzmozwir========ms EN- OF tErada WISION Page 20 of 45 FEDERAL REQUIREMENTS: FR -07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para -graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d Page 21 of 45 FEDERAL REQUIREMENTS: FR -08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD -2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B -32 -MC -25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. Page 22 of 45 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low -and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston -Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low -Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD -60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section -3 -covered activity. Form HUD -60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, Page 23 of 45 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non -Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. Page 24 of 45 * The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page 25 of 45 sv 40 9z GEod Contract and Subcontract Aetit'ity U.S. Department of Housing and Urban Development OMB Approval No.: 2535-0117 (exp, 12/31/2006) Public Reporting burden for this collection of information is estimated to average .50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is voluntary. 1 -WD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMS Control Number, Executive Order 12421 dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shaII establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. Tf the information is not collected HUD would not be able to establish meaningful MBE goals not evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents, HUD generally disclosed this data only in response to a Freedom of Information request. Privacy Act Notice — The United States Department of Housing and Urban Development, Federal /lousing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, Untied Slates Code, Section 1701 et seq., and regulations promulgated there under at Title 12, Code of Federal regulations It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law. 1. GranteelProject Owner/Develop crISponsor/BuilderlAgency Check if; City of Corpus Christi PHA o IHA n 2. Location (City, State, ZIP Code) 1201 Leopard St, Corpus Christi, TX 78401 3a, Name of Contact Person Rudy Bente ncourt , CD Administrator 3b. Phone Number (including Area Code) 361-880-3017 4. Reporting Period El Det.1— to Sept. 30, (Annual -FY) 5 program Code {Not applicable Far CPD programs.} ❑ See explanation of codes et bottom of page. Use a separate sheet kr each program code. 6. Date Submitted to Field Office October 1 Grant/Project Number or HUD Case Minter or other identification of property, subdivision, dwelling unit, etc. Project Name 70. Amount of Contract or Subcontract 7b. Type of Trade Code (See below) 7c Contractor or Subcontractor Business Racial Ethnic Code (See below) 7d. Woman Ducted Business (Yes or No.) 7e. Prime Contractor Identification (1D) Number 7f See. 3 Contr . 7g. Subcontractor Identification (ID) Number 7h. Sec. 3 Sub. 7i. Contractor/Subcontractor Name and Address 7j. Name Street City State Zip 1=New Construction 2= Edueatioralf raining CPD: 6—HIJD-Held 3= Other 1e. New C onstruetion 2= Substantial Rehab. 7e: Type of Trade Codes Housing/FuHousing: (Management) 3= Repair 4= Service 5 -Project Mangt. 6= Professional 7-= Tenant Services $= E dncationfTraini ng 9=Arch.JEngrg, Appraisal 4= Other l= White Americans 2= Slack Americans 7d : Racial/Ethnic Codes_ 3= Native Americans 4= Hispanic Amerieans 5= Asian/Pacific Americans 6. Hasidic Jews 1= All insured, including Section 8 5— Section 202 2= Flexible Subsidy 5. Program Codes (Complete for Housing end Public and Indian Housing programs only): 3= Section 8 Noninsured. Non-HFDA 4= Insured (Management) 7=Public/Indian Housing form HUD -2516 (0148) 1 Section 3 Summary Report Economic Opportunities for Low— and Very Low -Income Persons Section back of page for Public Reporting Burden statement U.S. Department of Housing and Urban Development Office of Fair Housina And Equal Opportunity OMB Approval No: 2529-0043 (exp. 11/30/2010) HUD Field Office: HUD Field Office: 1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person 5. Phone: (Include area code) 6. Length of Grant: 7. Reporting Period: 8. Date Report Submitted: 9. Program Code: (Use separate sheet for each program code) 10. Program Name: Part I: Employment and Training (** Columns B, C and F are mandatory fields. Include New Hires in E &F) A Job Category B Number of New Hires C Number of New Hires that are Sec. 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other (List) Total * Program Codes 1 = Flexible Subsidy 2 = Section 202/811 3 = Public/Indian Housing A = Development, B = Operation 4 = Homeless Assistance 5 = HOME 6 = HOME State Administered 7 = rnRr= Cnfiflcmcnf Page 1 of 2 8 = CDBG State Administered 9 = Other CD Programs 10 = Other Housing Programs form HUD 60002 (6/2001) Ref 24 CFR 135 Page 27 of 45 Part II: Contracts Awarded 1. Construction Contracts: k Total dollar amount of all contracts awarded on the project B. Total dollar amount of contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non -Construction Contracts: k Total dollar amount all non -construction contracts awarded on the project/activity B. Total dollar amount of non -construction contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non -construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low -and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very -low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135 Page 28 of 45 FEDERAL REQUIREMENTS: FR -9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: 24 CFR 85.36 Page 2? of 45 FEDERAL REQUIREMENTS: FR -10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 24 CFR 85.36 Page 30 of 45 FEDERAL REQUIREMENTS: FR -11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended, (24 CFR 85.36 & Section 306 of the Clean Air Act & Section 508 of the Clean Water Act Page 31 of 45 FEDERAL REQUIREMENTS: FR -12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 24 CFR 85.36 & Public Law 94-163 Page 32 of 45 FEDERAL REQUIREMENTS: FR -13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 24 CFR 85.35 Page 33 of 45 FEDERAL REQUIREMENTS: FR -14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (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 any Federal grant, the contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A Page 34 of 45 FEDERAL REQUIREMENTS: FR -15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY -LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractors obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Page 35 of 45 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro -enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident -owned businesses, purchase of materials and supplies from PHA resident -owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident -owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non -section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Page 36 of 45 FEDERAL REQUIREMENTS: FR -16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 37 of 45 FEDERAL REQUIREMENTS: FR -17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. Page 38 of 45 FEDERAL REQUIREMENTS: FR -18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 3? of 45 FEDERAL REQUIREMENTS: FR -19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 40 of 45 FEDERAL REQUIREMENTS: FR -20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 41 of 45 FEDERAL REQUIREMENTS: FR -21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis -Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub -contractors' Affirmative Action Plans when applicable. Davis -Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very -Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti -discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub -contractors who have sub -contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. Page 42 of 45 4' CDBG PROJECT SIGN 8' PROJECT NAME Project Address CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Total Project Cost: $ CDBG FUNDS: $ Contractor: Address: Phone Number: 3'6" Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. Red Background White Letters White Background Black Letters Blue Background White Letters Page 43 of 45 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE COMPANY NAME: ADDRESS: PHONE NO.: DATE Page 44 of 45 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personally appeared before me, the undersigned authority in and for said State and County (Name/Title) of (Name of Company) which firm is hereinafter called "Contractor", who being duly sworn stales on oath that he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, state or federal taxes) which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials, equipment or services referred to above, The above statements are made by (Name) of (Name of Company) individually and on behalf of the Contractor. (Name and Title} (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Page 45 of 45 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: 2017-227774 Date Filed: 06/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Park Place Recreation Designs, lnc. San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 48644 Sacky Park Playground 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ?)(\-(1'j.kij/TL—' 1Signature orized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said r J �1ti . %' Yt/� ,this the day of , 20 17 , to certify which, witness my hand and seal of office. `,��,ttittl11111 fj►►�_ ``�.,� �yp,T HAN c'i/ 4,, `. . N0TAq y •. ">;w:.. o.• N = '�5 I. ett4 a,t..�C, /c,€S/�.,/ Sig ature of officer administering oath Prim name of offict i ring r.at 0 .4) r. Title of officer administering oath • q� 1:XA� �. Forms orovided by Texas Ethics Commission wwpthirs stA46. 11 & �:? w 1:2111/ reinn 1/1 r11:2111 ►'7 rl9ilt��t+tt`���`�` CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET PLAYGROUND EQUIPMENT AND INSTALLATION TLGPC CONTRACT 512-16 ITEM DESCRIPTION QTY. UNIT PARK PLACE RECREATION DESIGNS, INC. SAN ANTONIO, TEXAS UNIT PRICE EXTENDED PRICE 1. 466-S012 Nexus Nautilus 2 1 EA $22,764.00 $22,764.00 2. Concrete Base 1 EA $9,068.00 $9,068.00 3. Poured -In -Place Rubber Surfacing 1 EA $15,875.00 $15,875.00 4. CDBG Project Sign 1 EA $1,100.00 $1,100.00 5. Payment Bond Fee 1 EA $1,490.00 $1,490.00 6. Installation of Equipment 1 EA $6,150.00 $6,150.00 7. Freight 1 EA $1,014.00 $1,014.00 20. BuyBoard Contract Discount 1 EA $4,208.35 $4,208.35 Total Price $53,252.65 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for the City Council Meeting of July 18, 2017 DATE: TO: June 27, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Execute radio facility and tower lease agreement with KRIS Communications for a communications site to operate a public safety communications system CAPTION: Motion authorizing the City Manager or the City Manager's designee to execute a radio facility and tower lease agreement with KRIS Communications for a one (1) year term at $46,245.84 from August 1, 2017 through July 31, 2018 and for an optional extended term of nine (9) automatic 12 -month renewal terms increasing 3% each year, for continued use as a communications site to operate a public safety communications system. PURPOSE: The lease agreement has expired and must be renewed. BACKGROUND AND FINDINGS: The City of Corpus Christi 800 Mhz radio system operates with two radio towers, one atop One Shoreline Plaza and the other near Robstown on the KRIS Tower. Two sites are necessary to give the 98% coverage required through the original purchase of the system. The KRIS -TV Tower was originally selected because of stringent RFP requirements regarding radio signal coverage and overall system range. This site has proven to be an effective location for the Public Safety Radio System currently in use by the City, the RTA, Nueces County and various other Public Safety entities. The site is well maintained and the concrete construction of the building provides excellent security for the equipment. The City has had an agreement with KRIS since 1990. This agreement covers August 2017 — July 2018 at an annual cost of $46,245.84 with an annual increase of 3%. $7,707.64 is need for the current fiscal year. 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 $241,082.75 $224,390.00 Encumbered / Expended Amount $227,668.19 0 This item $7,707.64 $38,538.20 $46,245.84 BALANCE $5,706.92 $185,851.80 0 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends approving the contract. LIST OF SUPPORTING DOCUMENTS: Contract ANTENNA SPACE LICENSE This Antenna Space License (this "Agreement") is made and entered into the day of , 2017 (the "Execution Date"), by and between KRIS Communications, LLC, hereinafter called "Licensor" and City of Corpus Christi, licensee and operator of public safety communications systems, hereinafter called "Licensee." WITNESSETH: Licensor hereby grants to Licensee the rights and privileges hereinafter set forth for the license fees and upon, and subject to, the terms and provisions hereinafter set forth. I. GRANT: Subject to the limitations stated in this Agreement, Licensor grants to Licensee the right to install and operate, at Licensee's sole cost and expense, eight (8) police system and community alert antennas (the "Antenna System") on Licensor's television transmitter tower located on lands more particularly described in Schedule A attached hereto, which lands are located approximately at 3.2 miles south of Highway 44 on County Road 61, Robstown, Texas. The portions of the land and tower upon which Licensee's Transmission System (as defined hereinbelow) and Licensee's Antenna System, as applicable, are installed subject to this Agreement are sometimes called the "Premises" in this Agreement. The Antenna System shall be installed by Licensee in a location designated by Licensor as more particularly described in Schedule B attached hereto. Licensor also grants Licensee the rights, at Licensee's sole cost and expense, to install and operate radio transmission equipment (the "Transmission System") in Licensor's transmitter building located at the base of the tower in a location designated by Licensor as more particularly described in Schedule B. The Transmission System may only consist of fifteen (15) transceivers and associated equipment approved by Licensor. The authority granted by Licensor to Licensee to install the Antenna System and Transmission System is expressly subject to all the terms and provisions of this Agreement, including, but not limited to, those provisions, restrictions and reservations relating to the operation, maintenance and removal of such items. The legal interest of Licensee in and to the Premises is that of a license. Licensee shall have no property rights or interest in the land and tower by virtue of this License. Licensee's Antenna System and Transmission System shall remain the personal property of Licensee. II. TERM: Subject to the parties' rights to terminate as described in other provisions of this Agreement, this Agreement shall be for a term of twelve (12) months, commencing on the Execution Date (the "Commencement Date") and ending on the date that is twelve (12) months thereafter, with nine (9) automatic 12 -month renewal terms, unless Licensee terminates this Agreement at the end of the then current term by giving Licensor written notice of intent to terminate not less than ninety (90) days prior to the end of the then current term. 1 All portions of the Antenna System and the Transmission System shall be removed by Licensee within thirty (30) days after the expiration or earlier termination of this Agreement. Licensee will repair any damage to the Premises, land and/or tower resulting from Licensee's removal activities. If Licensee fails to remove or cause to have removed any portion of the Antenna System and Transmission System from the Premises within thirty (30) days after the expiration or earlier termination of this Agreement, Licensor may remove such equipment and Licensee shall remain liable for any and all costs incurred by Licensor for removal of Licensee's equipment from the Premises. Licensee shall be responsible for license fee payments in the amount of two hundred percent (200%) of the license fees then in effect and for compliance with the terms and conditions of this Agreement for any period in which Licensee's equipment remains on the Premises, land and/or tower following the expiration or earlier termination of this Agreement until the date that such equipment is removed pursuant to this Section. III. LICENSE FEES: As consideration for the rights and privileges herein granted, Licensee agrees to pay Licensor license fees as outlined below subject to adjustment as hereafter provided. Commencing on the Commencement Date, such fees shall be payable in equal successive monthly installments without setoff, deduction or demand, in advance, on the first day of each calendar month during the term in the amount set forth below. In addition, if Licensee fails to terminate this Agreement at the end of the then current term, the license fees for each subsequent renewal term shall be payable in equal successive monthly installments without setoff, deduction or demand, in advance, on the first day of each calendar month during such renewal term in the amounts as follows: License Period Monthly License Fee Commencement Date — Month 12 $3853.82 Month 13 — Month 24 $3969.44 Month 25 — Month 36 $4088.53 Month 37 — Month 48 $4211.19 Month 49 — Month 60 $4337.53 Month 61 — Month 72 $4467.66 Month 73 — Month 84 $4601.69 Month 85 — Month 96 $4739.74 Month 97 — Month 108 $4881.94 Month 109 — Month 120 $5028.40 If the Commencement Date is other than the first day of the month, any license fee provided for shall be prorated accordingly in the first partial calendar month of the term. In the event Licensee fails to pay any license fee installment hereunder as and when such installment is due, to help defray the additional cost to Licensor for processing such late 2 payments, Licensee shall pay to Licensor on demand a late charge in an amount equal to five percent (5%) of such installment; and the failure to pay all amounts due hereunder within ten (10) days after demand therefor shall be an event of default hereunder. The provision for such late charges shall be in addition to all of Licensor's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Licensor's remedies in any manner. Licensee also consents and agrees to pay all excise and use taxes levied by the State of Texas or any other governmental agency or authority on the license fees and other sums payable by Licensee to Licensor under this Agreement, and any other fees or assessments imposed on Licensor by any governmental agency or authority as a result of Licensee's exercise of this Agreement. IV. ACCEPTANCE OF PREMISES: Licensee acknowledges that Licensor has made no covenant, representation or warranty to Licensee concerning the condition, safety, merchantability, fitness for use, suitability for any purpose whatsoever, or state of repair thereof, and Licensee accepts the Premises in its "present" condition, "as is, where is." V. ELECTRIC POWER AND ANY OTHER UTILITIES OR FEES: Licensee agrees to reimburse Licensor a monthly amount for electrical power determined by Licensor based upon average monthly charge incurred over the previous two years. In the event that the utility company increases rates, Licensor may increase the rate charged to Licensee accordingly. In the event that Licensee makes a material change in its operations at the site, Licensor may re-evaluate electricity usage and increase the rate charged to Licensee accordingly. Licensor will not be responsible for interference with, interruption of or failure of such electrical power. If Licensor installs an emergency generator capable of supplying power to Licensor's building and Licensee's Transmission System, Licensor shall provide Licensee's Transmission System with back-up power from Licensor's emergency generator and Licensee shall pay its pro rata cost of such generator's fuel, maintenance and other expenses as determined by Licensor. Licensor shall be solely responsible for the operation and maintenance of Licensor's generator. Licensor shall not be responsible for any loss or damages incurred by Licensee due to the failure of said generator or its associated equipment. In addition, Licensee agrees to pay its pro rata share of all sums due for any other utilities or services used by Licensee in connection with its exercise of its rights under this Agreement. VI. INSTALLATION AND MAINTENANCE OF LICENSEE'S FACILITIES: Licensee's Antenna System and Transmission System shall be installed and maintained at all times in a good, secure, and workmanlike manner. All such work shall be performed by one or more licensed general contractor(s) acceptable to Licensor and in accordance with all applicable laws, regulations, codes and safety standards. The method, location and continuance of the installation shall be subject to Licensor's prior written approval of: (a) Licensee's plans and specifications for such work, and (b) if required in Licensor's sole discretion, a structural analysis of the tower (to be performed at Licensee's sole cost), which approval shall not be unreasonably withheld. If any alterations in the transmitter building become necessary as a result of the installation or maintenance of Licensee's Transmission System, Licensor may make, or require Licensee to make; such alterations and the cost thereof shall be paid by Licensee within ten (10) 3 days after Licensee's receipt of Licensor's request therefor. Licensee agrees, at Licensee's sole cost and expense, to abide by all reasonable requirements made by Licensor's representative and to perform all work necessary to meet such requirements related to the installation or maintenance of Licensee's Transmission System, including replacement or repair of any defective hardware supporting Licensee's Antenna System and/or transmission line(s). Anything in this Agreement to the contrary notwithstanding, Licensee acknowledges and agrees that if, during the term of this Agreement, Licensor needs or desires to install (a) an additional transmission line or lines in or on the tower to service Licensor's own operation requirements; (b) additional antenna(s); or (c) if Licensor should require or desire use of the space used by Licensee to operate Licensor's own equipment or facilities, then, in any such event or events, Licensor shall have the right to do so. Licensor will give Licensee ninety (90) days' notice in such an event. In any such event, Licensor may commission an engineering study to be made at Licensor's expense to determine whether the structural components of the tower can be modified to accommodate Licensor's additional hardware and equipment, as well as Licensee's Antenna System. If such modification is possible then, within thirty (30) days of its receipt of such report, Licensee may elect, by notice in writing to Licensor, to pay for the modifications related to relocating Licensee's Antenna System determined to be necessary to facilitate Licensor's modification, and any such payments by Licensee shall be credited to Licensee's future rent under this Agreement. Such modifications, if any, must not interfere with any established deadlines set by the FCC or other governmental authority regarding Licensor's use of its allocated spectrum, tower, and premises. If Licensee elects to pay for, and pays for, modifications that don't interfere with the governmental deadlines of Licensor, then Licensee's Antenna System shall be allowed to remain on the tower at the locations designated in the report. If Licensee does not elect to pay for the modification, or if the modification is not possible, Licensee may elect, within thirty (30) days of its receipt of the consultant's report, by notice in writing to Licensor, to relocate Licensee's Antenna System to a location, if any, specified by Licensor which is available and which will not require substantial modification of the tower to accommodate Licensor's hardware and equipment on the tower as well as that of Licensee's. If the tower will not support both Licensor's hardware and equipment and that of Licensee's (and modification to provide such support or relocation is not feasible as described above, or if Licensee does not elect to pay for the modification or to relocate as described above), then this Agreement shall terminate as to the antenna(s), equipment or facilities of Licensee required to be removed to accommodate Licensor's equipment (but remain in effect as to any other portion of the Antenna System or Transmission System remaining), and Licensee shall remove the affected antenna(s), transmission line(s), and all related equipment from Licensor's tower within one hundred and eighty (180) days after Licensor's demand therefor. This Agreement shall terminate with respect to such antenna, as of the date the antenna is required to be removed (but remain in effect as to any other portion of the Antenna System or Transmission System remaining). Licensor shall not have any liability or obligation to Licensee or anyone claiming under or through Licensee for any injury, loss of revenue, business interruption, inconvenience or cost of finding, and installing its equipment at, an alternate site due to a termination of this Agreement in accordance with the provisions of this Section VI. VII. MAINTENANCE AND REPAIR COSTS AND ASSUMPTION OF RISK: Licensee agrees to pay all costs of maintaining and repairing the Antenna System and 4 Transmission System in accordance with good engineering practices, and hereby releases and relieves Licensor from any and all liability from any damage thereto from any cause whatsoever not directly attributable to the gross negligence of Licensor, its agents, servants or employees. VIII. ACCESS: Licensee shall have non-exclusive access over the land and to the tower to access the Premises at all reasonable times for the purpose of making inspections and repairs to the Antenna System or Transmission System; provided, however, that Licensee shall give Licensor written notice of its need or desire to have access to the tower prior to such entry, and no such entry shall be made by Licensee or Licensee's agents, employees, or invitees until Licensee has received Licensor's written approval therefor. In no event, however, will anyone be permitted on the tower without first demonstrating liability insurance and workers compensation insurance coverage, as Licensor reasonably shall deem appropriate at the time. Access to the transmitter building shall be governed by rules and regulations issued from time to time by Licensor. Such entry and use shall be affected in a manner that does not unreasonably disturb, damage or interfere with any other equipment or facilities in the transmitter building or in or upon the tower. IX. SIGNAL INTERFERENCE: Licensee shall ensure that neither the Antenna System nor the Transmission System interfere with Licensor's existing and/or future signals being transmitted or received at the tower, including, but not limited to, high definition television signals, digital television signals, microwave, and short-wave radio signals. Licensee further shall ensure that neither the Antenna System nor the Transmission System interfere with the signal(s) of others who are, on the date of execution of this Agreement, using Licensor's tower (or the respective successors and assigns of such existing users). Licensee agrees at Licensee's expense to provide all filters, isolation traps and other electronic devices (which filters, traps, and devices shall be considered part of the Antenna System or Transmission System, as applicable, under this Agreement) which may become necessary to eliminate interference caused as a result of installation or use of Antenna System or Transmission System on the signals of others who are, as of the date of execution of this Agreement, already using Licensor's tower, if such interference is claimed. If the Antenna System or Transmission System shall interfere with the signal(s) of others, Licensee will cause such interference to cease within seventy-two (72) hours after written notice from Licensor. In the event interference is not corrected within seventy-two (72) hours after notification by Licensor, Licensee will cease all interfering activity immediately and Licensee shall not resume operation until the interference has been eliminated. Licensor shall ensure that its antenna(e) and transmission equipment installed after the date of this Agreement will not interfere with Licensee's existing signals being transmitted or received at the tower through the Transmission System, including, but not limited to, radio transmission of Licensee's signal, STL transmissions, microwave, and short-wave radio signals. Licensor agrees, at Licensor's expense, to provide all filters, isolation traps and other electronic devices which may become necessary to eliminate interference described in the previous sentence. In the event interference is not corrected within thirty (30) days after notification by Licensee, Licensor will cease all interfering activity immediately and Licensor shall not resume operation until the interference has been eliminated. 5 Licensee expressly acknowledges and agrees that if it modifies its Antenna System or Transmission System (or method of transmission) on or used in connection with the Premises following the initial installation of such facilities, then such modifications shall be subject to Licensor's approval and the foregoing provisions concerning interference with transmission and reception of signals shall apply to all users of the tower at the time such modification is effected, whether or not such parties were users of the tower on the effective date of this Agreement. The parties acknowledge that there will be occasions that require Licensor or the other occupants of the tower (or both), to reduce or terminate transmitter output power. Licensor and Licensee agree to cooperate with each other and other licensees on the tower to adjust transmitter output power in accordance with guidelines established from time to time by Licensor in order to facilitate the safe, efficient and timely (i) maintenance and repairs to be performed on the tower structure; (ii) installation of additional equipment on the tower by Licensor, Licensee or other users, including prospective users; (iii) maintenance of equipment on the tower owned by Licensor, Licensee or any other user(s) or prospective users. Licensor will provide as much advance notice of the need to adjust transmitter output power as practicable under the circumstances and reserves the right to do so by telephone or email. In any event, Licensor shall have the final say at any time as to the power level and operation of any radiating or transmitting equipment on the tower. Licensee shall have no claim or cause of action against Licensor or any other user(s) of the tower for any cost, expense, injury, business interruption, inconvenience or loss of revenue arising from a need to reduce transmitter output power to facilitate the above activities on the tower. X. CONSTRUCTION LIENS: Licensor's interest in the Premises shall not be subject to liens for improvements made by Licensee, and Licensee shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion or other estate of Licensor in the Premises as a result of improvements made by Licensee for any other cause or reason. Licensee acknowledges that such liens are expressly prohibited and that all persons performing work for Licensee must look solely to Licensee to secure payment for any work done or material furnished for improvements by Licensee during the term of this Agreement. Licensee must satisfy or bond over any such lien or claim of lien in a method as may be permitted by law within ten (10) days of the assertion of any such lien or claim of lien. Licensee shall advise all persons furnishing designs, labor, materials or services to the Premises in connection with Licensee's improvements thereof of the foregoing provisions. Licensee also hereby indemnifies and agrees to defend and hold Licensor harmless from any claim, loss, damage, cost, or expense (including reasonable attorneys' fees) arising as a result of Licensee's failure to pay for all such work, or arising as a result of the assertion of any such claim, and Licensee agrees that the indemnity provisions of this section shall survive termination of this Agreement. XI. EVENTS OF DEFAULT: The following events shall be deemed to be events of default by Licensee under this Agreement: (A) If Licensee fails to pay any installment of its license fees herein required when 6 due, or any other payment or reimbursement to Licensor required herein when due; provided, however, that the first such failure in any twelve (12) month period shall not be an event of default if the entire amount then due is paid in full within three (3) business days after receipt of written notice from Licensor to Licensee; or (B) If Licensee becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; or (C) If Licensee files a petition under any section or chapter of the Federal Bankruptcy Code, as amended, or under any similar law or statute of the United States or any State thereof; or Licensee is adjudged bankrupt or insolvent in proceedings filed against Licensee; or (D) If a receiver or trustee is appointed for all or substantially all of the assets of Licensee; or (E) If any license issued by the Federal Communications Commission ("FCC") to Licensee used for the purposes of conducting Licensee's communications operations from the Premises shall be revoked or cancelled, or if FCC should fail to renew any such license; or (F) If Licensee fails to correct a violation of the provisions of Section IX within seventy-two (72) hours after written notice thereof to Licensee; or (G) If Licensee fails to comply with any other term, provision, condition or covenant of this Agreement, and does not cure such failure within thirty (30) days after written notice thereof to Licensee. XII. REMEDIES: Upon the occurrence of any such events of default described above, Licensor shall have the option to pursue any one or more of the following remedies: (A) Licensor may terminate this Agreement, in which event Licensee shall immediately surrender the Premises to Licensor, and if Licensee fails so to do Licensor may, without prejudice to any other remedy which it may have for possession or arrearages in license fees, enter upon and take possession of the Premises and expel or remove Licensee and its equipment and facilities or any part thereof without being liable for prosecution or any claim of damages therefor; and Licensee agrees to pay to Licensor on demand the amount of all loss and damage which Licensor may suffer by reason of such termination. (B) Licensor may enter upon the Premises without being liable for prosecution or any claim for damages therefore, and do whatever Licensee is obligated to do under the terms of this Agreement; and Licensee agrees to reimburse Licensor on demand for any expenses which Licensor may incur in thus effecting compliance with Licensee's obligations under this Agreement, and Licensor further agrees that Licensor shall not be liable for any damages resulting to Licensee from such action, except in the event of Licensor's gross negligence or willful misconduct. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other 7 remedies herein provided or any other remedies provided by law or in equity, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any license fees due to Licensor hereunder or of any damages accruing to Licensor by reason of the violation of any of the terms, provisions and covenants herein contained. No act or thing done by Licensor or its agents during the term hereby granted shall be deemed a termination of this Agreement or an acceptance of the surrender of the Premises, and no agreement to terminate this Agreement or accept a surrender of said Premises shall be valid unless in writing signed by Licensor. XIII. NON-EXCLUSIVE AGREEMENT: This Agreement is non-exclusive and Licensor reserves the right to license or lease space on its tower and in its transmitter building to others for like or similar purposes. XIV. ASSUMPTION OF RISK; DAMAGE OR DESTRUCTION: Licensee assumes all risk of damage or loss from fire, windstorm, condemnation, and other perils to Licensee's property or fixtures. In the event the Premises or any part thereof shall be damaged or destroyed by fire, windstorm, hurricane, earthquake or other perils or casualty, then, if any such damage renders all or a substantial portion of the tower or transmitter building unfit for the purpose intended, either Licensor or Licensee shall have the right to terminate this Agreement as of the date of such damage upon giving written notice to the other at any time within thirty (30) days after the date of such damage, in which event, if Licensee is not otherwise in default, Licensee shall be entitled to an immediate refund of any prepaid license fees. Licensor shall have no duty or obligation to repair or restore the tower or transmitter building and shall not have any liability or obligation to Licensee or anyone claiming under or through Licensee for any injury, loss of revenue, business interruption, inconvenience or cost of finding and installing its equipment at an alternative site. In the event that this Agreement is terminated under the above conditions and subsequently Licensor chooses to restore the tower to working condition within the contract term of this Agreement and Licensee desires to continue this agreement, then Licensor agrees to be bound by this agreement for the remainder of the term. XV. CONDEMNATION: In the event that the Premises shall be taken or condemned for public or quasi -public use by legal proceeding or by a deed in contemplation of condemnation, this Agreement shall terminate as of the date of possession and shall be required by the condemning authority and Licensor shall be entitled to, and Licensee hereby re -licenses and assigns to Licensor, all rights to all awards made by the condemning authority in connection with such taking with the exception of any pre -paid license fees which shall be refunded immediately to Licensee. XVI. INSURANCE: Licensee agrees to pay for and keep in effect while this Agreement is in force, a general liability policy of insurance, naming both Licensor and Licensee as insured parties with single limit coverage of not less than One Million Dollars ($1,000,000) per accident and excess liability coverage of not less than Five Million Dollars ($5,000,000). Licensee's policy shall have a contractual liability endorsement for Licensee's obligations under this Agreement, including but not limited to, its obligations to indemnify Licensor under this Section XVI. Such 8 policy or policies shall be written by a good and solvent insurance company authorized to do business in the State of Texas and reasonably acceptable to Licensor. Each policy shall contain a provision that no modification or cancellation shall be effective unless Licensor is given at least thirty (30) days' prior written notice thereof. The original of each policy, or a true copy thereof, and a copy of the replacement of each expiring policy, shall be delivered to Licensor prior to Licensee's exercise of any rights under this Agreement in, on or about the Premises. Notwithstanding the foregoing, Licensee may elect to self -insure. If Licensee elects to self - insure, Licensor and Licensee shall maintain all rights and obligations between themselves as if Licensee maintained the insurance with a commercial insurer including any additional insured status, primary liability, waivers of rights of recovery, and any other insurance clauses required herein. Licensee shall pay from its assets the costs, expenses, damages, claims, losses and liabilities, including attorney's fees and necessary litigation expenses at least to the extent that an insurance company would have been obligated to pay those amounts if Licensee had maintained the insurance pursuant to this Section XVI. If Licensee elects to make any improvements or to perform any work on the tower or the Premises in connection with Licensee's rights and obligations hereunder, then, in addition to the foregoing, Licensee's general contractor(s) shall be required to carry a comprehensive liability policy or policies of insurance insuring Licensor against any liability whatsoever occasioned by accident on or about the Premises or any appurtenances thereto. Such policies shall also conform to such other requirements and shall contain such other provision, as Licensor may deem necessary to protect its interests as a result of the installation of any alterations or improvements. Each such policy shall be written by a good and solvent insurance company authorized to do business in the State of Texas and reasonably acceptable to Licensor and each such policy shall have single limit coverage of not less than One Million Dollars ($1,000,000) per accident and excess liability coverage of not less than Five Million Dollars ($5,000,000). The original policy or a true copy thereof shall be delivered to Licensor prior to the commencement of any work in, on or about the Premises. In addition, Licensee's general contractor shall also provide to Licensor, at the same time as the policy of liability insurance is due, evidence that such contractor has and maintains worker's compensation insurance in the amounts required by law. XVII. ASSIGNMENT: Licensee shall have no right to Transfer its rights under this Agreement in whole or in part, without the prior written notification to and consent of Licensor (and, if applicable, Licensor's or its parent company's lenders, to the extent required by any loan documents binding on Licensor or its parent). Consent to any one or more of such transfers or encumbrances shall not be deemed to waive Licensor's rights (or those of its parent company, and, if applicable, any lender) with respect to any future Transfer. Approval of an encumbrance shall not be deemed approval or permission for a transfer to occur without such consents in the event of default thereunder and the attempted enforcement by foreclosure or seizure of Licensee's Antenna System and Transmission System. Licensor may assign this Agreement in its discretion. As used herein, "Transfer" shall mean (i) any sale, conveyance, assignment, pledge, encumbrance, sublicense, or transfer of Licensee's interest in this Agreement; (ii) any lawful levy or sale of Licensee's interest in the Premises upon execution or other legal process; (iii) any assignment of this Agreement by operation of law; (iv) if Licensee is a partnership or limited liability company, the withdrawal or change, whether voluntary, involuntary or by operation of 9 law, of partners or members owning thirty percent (30%) or more of Licensee's capital and/or economic interests, or the dissolution of Licensee, or the sale of more than fifty percent (50%) in value of the assets of Licensee, or the merger of Licensee with any other entity; (v) if Licensee is a corporation, any dissolution, merger, consolidation or reorganization of Licensee, or the sale or other transfer of a controlling percentage of capital stock of Licensee, or the sale of more than fifty percent (50%) in value of the assets of Licensee; (vi) any transfer or assignment of an interest in the FCC license(s) by Licensee requiring FCC approval on FCC Form 314 or 315. The phrase "control" or "controlling percentage" as used in this paragraph means the ownership of, and the right to vote, stock or interests possessing more than fifty percent (50%) of the total combined voting power of all classes of Licensee's capital stock issued, outstanding and entitled to vote for the election of directors, or such lesser percentage as is required to provide actual control over the affairs of the corporation. Any Transfer or attempted Transfer of Licensee's rights under this Agreement without the prior written consent of Licensor, if applicable, its parent company, and, if applicable, any lenders, shall be void and shall constitute a breach of this Agreement. XVIII. RULES AND REGULATIONS: Licensee shall promptly perform and comply with all statutes, ordinances, rules, orders, regulations and requirements of the federal, state and municipal governments, and of any and all of their departments and bureaus having jurisdiction applicable to Licensee's equipment on the Premises, use of the Premises, and nuisances or other grievances in, upon or connected with such use during the term of this Agreement. Licensee shall obtain all licenses and permits required for its operation of equipment from or on the Premises, and shall pay all fees, charges, taxes and assessments, now or hereafter imposed, foreseen and unforeseen, that may be due, levied or assessed against Licensee, or its antenna(e), transmission equipment and property, or Licensee's business during the term of this Agreement. Licensee shall also pay any and all taxes and assessments that may be due, levied or assessed upon this Agreement, or that arise as a result of this Agreement. In addition, Licensee shall also pay, prior to the time the same shall become delinquent, all taxes and assessments of any nature whatsoever imposed by any governmental authority on: (A) all inventory, trade fixtures, personal property, and equipment owned by Licensee; and (B) all improvements installed upon the Premises during the term of this Agreement by Licensee or by Licensor on behalf of Licensee. Anything in this Section to the contrary notwithstanding, Licensee shall not be required to pay any income tax specifically payable by Licensor as a separate taxpaying entity without regard to Licensor's income sources as arising from or out of the execution of this Agreement. XIX. NOTICES: All notices, demands and requests given by either party hereto to the other party shall be in writing. All notices, demands and requests by Licensor to Licensee shall be deemed to have been properly given if sent by United States registered or certified mail, postage prepaid, or by Federal 10 Express or other recognized overnight courier, addressed to Licensee at the following address: Corpus Christi Police Department Attn: Police Chief 321 John Sartain Street Corpus Christi, Texas 78401 or at other such address as Licensee may from time to time designate by written notice to Licensor, given as herein required. All notices, demands and requests by Licensee to Licensor shall be deemed to have been properly given if sent by United States registered or certified mail, postage prepaid, or by Federal Express or other recognized overnight courier, addressed to Licensor at the following address: KRIS -TV Attn: General Manager - Greg McAlister 301 Artesian St Corpus Christi, Texas 78401 or at other such address as Licensor may from time to time designate by written notice to Licensee, given as here in required. Notices shall be deemed given on the date of receipt or, if refused or unable to be delivered, on the date of first attempted delivery thereof. XX. ESTOPPEL CERTIFICATE, ATTORNMENT, SUBORDINATION AND RECORDING: Licensee acknowledges and agrees that this Agreement is and shall be subject and subordinate to any mortgage now existing or hereafter placed by Licensor upon the tower or the Premises. Within ten (10) days after the request by Licensor, Licensee shall deliver to Licensor, without charge or expense to Licensor, a written and acknowledged statement certifying, if true, that Licensee accepted possession of the Premises, that this Agreement is unmodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified, and stating the modifications), and the dates to which the license fees and other charges or deposits have been paid in advance, if any. It is intended that any such statement delivered pursuant to this section may be relied upon by any prospective purchaser or lender or the mortgagee, beneficiary, or guarantors of any security or interest, or any assignees of any such parties under any mortgage now or hereafter made by Licensor. XXI. ATTORNEYS' FEES: In any legal proceedings to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover costs and expenses, including reasonable attorneys' fees and paralegal fees. 11 XXII. BINDING EFFECT: Except as herein otherwise expressly provided, the terms and provisions hereof shall be binding upon and shall inure to the benefit of the successors and assigns of Licensor and Licensee, respectively. Each term and each provision of this Agreement to be performed by Licensee shall be construed to be both an independent covenant and a condition. The reference contained to successors and assigns of Licensee is not intended to constitute consent to assignment by Licensor, but as reference only to those instances in which Licensor may have given consent to a particular assignment. XXIII. GOVERNING LAW: Except as required by the Federal Communications Act, the validity, interpretation, and effect of this Agreement shall be governed by the laws of the State of Texas, excluding the "conflict of laws" rules thereof. XXIV. HAZARDOUS MATERIALS: Licensee shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Premises or the tower by Licensee, its agents, principals, employees, assigns, sublessees, contractors, consultants or invitees without the prior written consent of Licensor, which consent may be withheld for any reason whatsoever or for no reason at all. If Licensee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or around the tower caused or permitted by Licensee (or the aforesaid others) results in contamination of the Premises or the tower or the surrounding area(s), or if contamination of the Premises or the tower or the surrounding area(s) by Hazardous Material otherwise occurs for which Licensee is legally, actually or factually liable or responsible, then Licensee shall fully and completely indemnify, defend and hold harmless Licensor (or any party claiming by, through or under Licensor) from any and all claims, judgments, damages, penalties, fines, costs, liabilities, expenses or losses including, without limitation: (i) diminution in the value of the Premises and/or the land on which the tower is located and/or any adjoining area(s) which Licensor owns or in which it holds a property interest; (ii) any asserted damage to neighboring properties or the occupants of such properties; and (iii) any sums paid in settlement of claims, attorneys' fees, consultants fees and expert fees which arise or arose before, during or after the term of this Agreement as a consequence of such contamination. This indemnification of Licensor by Licensee includes, without limitation, costs incurred in connection with any investigation or site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental urgency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises or the tower. Without limiting the foregoing, if the presence of any Hazardous Material on, under or about the Premises, the tower or the surrounding area(s) caused or permitted by Licensee (or the aforesaid others) results in any contamination of the Premises, the tower or the surrounding area(s), Licensee shall immediately take all actions at its sole expense as are necessary or appropriate to return the Premises, the tower and the surrounding area(s) to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Licensor's prior written approval of such actions by Licensee shall be first obtained. The foregoing obligations and responsibilities of Licensee shall survive the expiration or earlier termination of this Agreement. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in 12 the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq., as amended), the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, and all substances, materials and wastes that are or become regulated under any applicable local, state or federal law. "Hazardous Material" includes any and all material or substances, which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous substance" includes, but is not restricted to, asbestos, polychlorobiphenyls ("PCB's") and petroleum. Licensor and its agents shall have the right, but not the duty, to inspect the Premises at any time to determine whether Licensee is complying with the terms of this section. If Licensor is not in compliance with this section, Licensor shall have the right to immediately enter upon the Premises to remedy any contamination caused by Licensee's failure to comply, notwithstanding any other provision of this Agreement. Licensor shall not be liable for any interference caused thereby. Any non-compliance by Licensee with its duties, responsibilities and obligations under this section shall be an "automatic" (no notice of any nature from Licensor to Licensee being required) default of this Agreement by Licensee. XXVI. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, as long as the general intent and material benefits negotiated by each of the parties shall not be substantially diminished nor impaired, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. XXVII. EARLY TERMINATION; CONSEQUENTIAL DAMAGES: Licensor shall not have any liability or obligation to Licensee or anyone claiming under or through Licensee for any injury, loss of revenue, business interruption, inconvenience or cost of finding and installing its equipment at an alternative site due to an early termination of this Agreement by Licensor exercising its rights under the terms of this agreement. Licensor shall not be responsible for any incidental or consequential damages incurred by Licensee resulting from Licensee's use or Licensee's inability to use Licensor's tower or the Premises. XXVIII. ENTIRE AGREEMENT: This Agreement constitutes the full and complete understanding between the parties and supersedes all prior agreements and negotiations between the parties. This Agreement shall not be altered, amended or otherwise modified except by the express written agreement between the parties executed by each of the parties to this Agreement. XXIX. EFFECT OF WAIVER: No waiver by Licensor of any violation or breach of any of the terms, provisions and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants herein contained. Licensor's acceptance of the payment of the license fees, or a portion of the license 13 fees due, or other payments hereunder after the commencement by Licensor to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default or of Licensor's right to enforce any such remedies with respect to such default of any subsequent default. XXX. HEADINGS: The headings in this Agreement are solely for convenience of reference and shall not affect its interpretation. XXXI. JURY TRIAL IS WAIVED: Neither Licensor nor Licensee shall seek a jury trial in any lawsuit, proceeding, counterclaim, or any other litigation based upon, or arising out of this Agreement, any related instrument, any collateral or the dealings or the relationship between or among the parties, or any of them. No party will seek to consolidate any such action, in which a jury has been waived, with any other action in which the jury trial cannot or has not been waived. THE PROVISIONS OF THIS SECTION HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO. NO PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. XXXII. Counterparts; Scanned Copies: This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. The parties agree that a scanned or electronically reproduced copy or image of this Agreement shall be deemed an original and may be introduced or submitted in any action or proceeding as a competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Agreement and without the requirement that the unavailability of such original, executed counterpart of this Agreement first be proven. XXXIII. TIME OF ESSENCE: Time is of the essence in the performance of obligations contained herein. XXXIV. OPTION TO TERMINATE: Either party may terminate this Agreement prior to the end of the then current term by giving the other party six (6) months prior written notice. XXXV. NON APPROPRIATION: The continuation of this Agreement after the close of any fiscal year of Licensee, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of Licensee to determine whether to fund this Agreement. Licensee 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. XXXVI. DISCLOSURE OF INTERESTS: In compliance with Section 2-349 of the Corpus Christi Code of Ordinances, Licensor shall complete Licensee's Disclosure of Interests form, which is attached to this Agreement as Schedule C, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this agreement. For corporate businesses whose shares are publicly traded and listed on recognized national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities and Exchange 14 Commission Form 10-K is filed in lieu of Licensee's Disclosure of Interests form. XXXVII. CERTIFICATE OF INTERESTED PARTIES: Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elfinfo_form1295.htm. The form must then be printed, signed, notarized and filed with the City of Corpus Christi. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html XXXVIII. CONFLICT OF INTEREST: Licensor agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index [Signatures on following page] 15 WITNESS the execution hereof by Licensor and Licensee as of the day and year first above written. LICENSOR: KRIS Communications, LLC By: Name: Title: 1:3—e A is r- tvIcer9er- LICENSEE: CITY OF CORPUS CHRISTI By: Name: Margie C. Rose Title: City Manager ATTEST: By: Name: Rebecca Huerta Title: City Secretary Date: APPROVED AS TO LEGAL FORM: By: Name: Buck Brice Title: Assistant City Attorney for City Attorney Date: Page 15 of 16 SCHEDULE A [Insert Land Description] KRIS -TV Transmitter 3.2 Miles South of Highway 44 on County Road 61 27° 44' 28" N 97° 36' 08" W 17 0 1 / ( 8 i 1 SCHEDULE B Equipment Location Diagram and Equipment List KRIS -TV TRANSMITTER 3.2 MILES SOUTH OF HIGHWAY 44 ON COUNTY ROAD 61 1 A 5 NOOG 18 Antenna description Bogner BMR12 Bogner BMR12 Bogner BMR12 DB Products DB -809 Cellwave PD -220 Cellwave PD -455 Mark Products 6' dish Mark Products 6' dish Equipment List Height (AGL) Police system 850 Police system 850 Police system 810 Police system 556 Community alert antenna 556 EAS Repeater 556 Police system 315 Police system 175 Lessee shall operate 15 transceivers on the following frequencies: Transmit 1 811.2375 Mhz Receiver 1 856.2375 Mhz Transmit 2 811.7125 Mhz Receiver 2 856.7125 Mhz Transmit 3 812.2375 Mhz Receiver 3 857.2375 Mhz Transmit 4 812.7125 Mhz Receiver 4 857.7125 Mhz Transmit 5 813.2375 Mhz Receiver 5 858.2375 Mhz Transmit 6 813.7125 Mhz Receiver 6 858.7125 Mhz Transmit 7 814.2375 Mhz Receiver 7 859.2375 Mhz Transmit 8 814.7125 Mhz Receiver 8 859.7125 Mhz Transmit 9 812.0875 Mhz 19 Receiver 9 857.0875 Mhz Transmit 10 809.7125 Mhz Receiver 10 854.7125 Mhz Transmit 11 809.9875 Mhz Receiver 11 854.9875 Mhz Transmit 12 810.4875 Mhz Receiver 12 855.4875 Mhz Transmit 13 810.9875 Mhz Receiver 13 855.9875 Mhz Transmit 14 810.7375 Mhz Receiver 14 855.7375 Mhz Transmit 15 812.4875 Mhz Receiver 15 857.4875 Mhz Additional equipment: From Shoreline to Violet Microwave Transmit Microwave Receive 2426 2474 20 City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION SCHEDULE C CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: ' R 1 5 s STREET ADDRESS: �r�-e S P.O. BOX: N CITY: (ICY- pt,A.-� r �S' i STATE: X ZIP: 1(g1+0 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name // Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NI /A 21 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: Signature of Certifying_Rer-sor j Title: Y�CCC c PG�7� t�Y1 DEFINITIONS Date: Co I ter - 1 -1 a. er- a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. 22 US2008 12888726 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: TO: June 22, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Auto renewing Interlocal Agreement between the City and San Patricio County for the services of an Intoxilyzer technical supervisor CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County) whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12 -month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. PURPOSE: By State Law, the Police Department Intoxilyzer instruments must be inspected and serviced by a State certified Intoxilyzer Technical Supervisor to ensure the findings are accurate and will hold up in court cases. BACKGROUND AND FINDINGS: The Police Department has intoxilyzer instruments located at the City Detention Center. In order for the results to be certified for court purposes, it is necessary for them to be inspected and serviced at least once a month. The Technical Supervisor shall keep a record of such services as required by law and be available to testify as a witness with reference to said instrument(s) in the courts of Nueces County. The Technical Supervisor shall keep a record of all professional duties and services performed in her official capacity. The record shall include time spent performing each duty for the COUNTY and/or CITY of service, respectively. 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: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 18,500 18,500 BALANCE Fund(s): Police Law Enforcement Trust Fund Comments: RECOMMENDATION: Staff recommends approving the interlocal agreement LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Resolution Authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County) whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12 -month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. Be it Resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby authorizes the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas and San Patricio County, Texas whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12 -month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL AGREEMENT SAN PATRICIO COUNTY AND THE CITY OF CORPUS CHRISTI ("Agreement") WHEREAS SAN PATRICIO COUNTY, Texas employs Marie Ann Montoya as a Technical Supervisor in its Intoxilyzer Program for the benefit of the law enforcement and prosecution agencies of said County in their enforcement of the driving while intoxicated laws of the State of Texas; and, WHEREAS the CITY OF CORPUS CHRISTI, Texas desires the continued use of the professional services of the said Marie Ann Montoya for the benefit of the law enforcement and prosecution agencies of said CITY in like enforcement of said laws, the Parties hereto enter into the following Agreement: 1. PARTIES The following local governmental entities are Parties to this Interlocal Agreement and the signatures of their authorized representatives below indicate acceptance of its terms: A. SAN PATRICIO COUNTY, Texas, ("COUNTY") acting by and through its Commissioners' Court; and B. The CITY OF CORPUS CHRISTI, Texas, ("CITY") acting by and through its City Council. 2. INTENT It is the intent of the Parties to enter into an Agreement as provided in the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The subject of the Agreement, providing the services of an Intoxilyzer Technical Supervisor as an adjunct of the law enforcement responsibility of the Parties, is a function within the contemplation of the Act and one which each Party is authorized to perform independently, irrespective of this Agreement. 3. TERMS OF AGREEMENT This Agreement shall be in effect for the period beginning on January 1, 2018 and ending at midnight on December 31, 2018, unless terminated by one or both Parties. The term of the Agreement shall be automatically renewed for subsequent twelve (12) month periods, subject to the termination provisions contained herein. Either Party may terminate its participation in the Agreement by giving the other Party ninety (90) days' notice, in writing, of such termination. Anything in this Agreement to the contrary notwithstanding, CITY shall not be relieved of its obligation to pay COUNTY when due all amounts which accrued prior to such termination. The CITY shall pay COUNTY an amount of Eighteen Thousand Five Hundred and no/100 Dollars ($18,500.00) per twelve-month period for the above-described services of the said Technical Supervisor. Subject to the termination provisions contained herein, and subject to 1 annual appropriations by the City Council, such payments will become due on December 31, 2018 and shall be paid thereafter on the last day of December of each succeeding year. The CITY shall make annual payment by check in one lump sum of Eighteen Thousand Five Hundred and no/100 Dollars ($18,500.00) and shall be received by COUNTY not later than January 15, 2019 and thereafter on the 15th day of January of each succeeding year. A late fee of $50.00 per day will be charged if the annual payment is not received by COUNTY by its due date. Payment will be delivered to the following address by certified mail, postage pre -paid, and effective five days after mailing or upon personal delivery. The check shall be made payable to "San Patricio County" and delivered or mailed to 400 West Sinton Street, Room 109, Sinton, Texas 78387. 4. PERSONNEL Marie Ann Montoya, a trained toxicologist, is certified as a Technical Supervisor by the Texas Department of Public Safety. She is employed by COUNTY as administrator of that County's Intoxilyzer Program. The salary of Marie Ann Montoya is determined by the COUNTY' S Commissioners' Court and shall be included in the budget of said COUNTY. In the event that Marie Ann Montoya should become disabled, her employment be terminated, or she is otherwise rendered unable to perform the services contemplated by this Agreement, the Parties may terminate this Agreement or negotiate for further services to be performed by another qualified individual. Termination under this Section, or Section 3 above, shall not affect obligations incurred by the Parties before the Agreement was terminated. All funds due or collected pursuant to this Agreement shall be pro -rated to the day of termination of this Agreement and shall be paid or refunded as necessary to effect the purposes hereof. 5. DUTIES OF THE PARTIES The Intoxilyzer instrument(s) in CITY shall be inspected and serviced at least once a month. The Technical Supervisor shall keep a record of such services as required by law and be available to testify as a witness with reference to said instrument(s) in the courts of Nueces County. The Technical Supervisor shall keep a record of all professional duties and services performed in her official capacity. The record shall include time spent performing each duty for the COUNTY and/or CITY of service, respectively. The Technical Supervisor shall prioritize competing demands for services in the order of official notification at the address and telephone number provided by the Technical Supervisor. The CITY POLICE DEPARTMENT shall provide all consumable items and extraordinary repairs required to operate their breath alcohol testing program. 6. NON -EXCLUSIVITY COUNTY has established a cost-sharing relationship with the CITY concerning the services of a Technical Supervisor. COUNTY reserves the right to enter into interlocal 2 agreements with other governmental entities similar to the Agreement hereby established and nothing herein shall be construed as a limitation thereof. 7. GOVERNING LAW AND VENUE This Agreement will be construed under and in accordance with the laws of the State of Texas and venue for any dispute or litigation between the Parties will be San Patricio County, Texas. 8. ACCEPTANCE AND APPROVAL This Agreement and all obligations hereunder shall not be binding on the Parties until approved by the respective Commissioners' Court and/or City Councils by majority vote on motions reflecting the entire term of this Agreement. Said approval shall be entered in the minutes and attested below by the clerks of the respective Courts. APPROVED by resolution of the City Council of Corpus Christi, Texas, on the day of ,20 . CITY OF CORPUS CHRISTI, TEXAS Margie C. Rose, City Manager ATTEST: Rebecca L. Huerta, City Secretary Legal Form Approved , 20 Buck Brice, Assistant City Attorney for City Attorney APPROVED by resolution of the Commissioners' Court of San Patricio County, Texas, on the day of , 20 . SAN PATRICIO COUNTY, TEXAS Terry Simpson, County Judge ATTEST: Gracie Alaniz-Gonzales, County Clerk 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting July 18, 2017 DATE: June 12, 2017 TO: Margie C. Rose, City Manager FROM: Clarence Wittwer, Director of Water clarencew@cctexas.com 361-826-1874 Dan Grimsbo, Interim Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Interlocal Agreement for Storm Water Debris Study CAPTION: Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University — Corpus Christi for a storm water floating debris study PURPOSE: This item is to approve the Interlocal Agreement with Texas A&M - Corpus Christi (TAMU- CC) for a storm water floating debris study. BACKGROUND AND FINDINGS: The TCEQ Municipal Separate Storm Sewer System (MS4) Permit requires the City of Corpus Christi to implement a program to reduce the discharge of floatables (e.g. litter and other human generated solid refuse) into the MS4. As part of a multi -faceted approach, the Water Utilities Department will coordinate with Texas A&M University — Corpus Christi Coastal Health & Water Quality Lab to place floating booms in storm water outfall locations to collect floatables after rainfall events. TAMU-CC will collect, sort, weigh, classify and dispose of floatables and provide the City of Corpus Christi with the data collected. The project plan has complied with City Code of Ordinances Part 11, Section 12-2 — Placing obstructions in Corpus Christi Bay and has received authorization from Texas General Land Office, U.S. Army Corp of Engineers, and U.S. Coast Guard. There will be no cost incurred by the City of Corpus Christi for this project. ALTERNATIVES: Use City of Corpus Christi resources and funding to better understand how to improve management of floatables. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University — Corpus Christi for a stormwater floating debris study WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement with Texas A & M University- Corpus Christi for a stormwater floating debris study. A copy of the interlocal agreement is on file with the City Secretary's Office. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY - CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI REGARDING TAMU-CC STORMWATER FLOATING DEBRIS STUDY WHEREAS, Texas A & M University - Corpus Christi ("TAMU-CC) and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, TAMU-CC has requested permission to install temporary collection systems in Corpus Christi Bay and Oso Creek in order for TAMU-CC to collect data on stormwater floating debris after storm event; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The City of Corpus Christi grants permission to TAMU-CC to install TAMU- CC owned and operated stormwater floating debris collection systems in Corpus Christi Bay and Oso Creek to be used by TAMU-CC to study stormwater floating debris, all as further described in Exhibit A. 2. STATEMENT OF WORK. TAMU-CC will perform its collection system deployment and stormwater floating debris study as outlined in Exhibit A, as generally described as follows. TAMU-CC agrees to: A. Install stormwater floating debris collections systems at three locations (2 in Corpus Christi Bay and 1 on Oso Creek at locations identified in Exhibit A) that will collect floating stormwater debris. The collection systems will be installed approximately 2-3 days prior to an anticipated storm event, with collection of the debris and removal of the collection systems within 24 to 48 hours after discharge has ceased. B. Obtain any required permits prior to installation of the collection systems. C. Collect and analyze the types and amounts of stormwater floating debris. D. Share data results with the City of Corpus Christi. E. Provide notice to the Texas General Land Office, Corpus Christi Director of Utilities or designee, and the US Coast Guard prior to installation of the collection systems in Corpus Christi Bay or Oso Creek. F. Mark each collection system with signage explaining the study and a TAMU-CC contact. G. Affix lighting in a manner that warns mariners of the configuration of the deployed boom. Page 1 of 6 H. Remain solely responsible for design and operation of the TAMU-CC stormwater floating debris collection system. I. Properly dispose of the floating debris collected during the study. J. Defend and hold harmless the City of Corpus Christi including its officers and employees for any damages or claims arising out of TAMU-CC activities under this agreement. 3. PERIOD OF PERFORMANCE. This agreement shall be effective from the latest date of signatures below and continue for one year unless earlier terminated in accordance with Section 5 below. 4. EXPENDITURES OF REVENUES. A. Each party agrees to be responsible for costs relating to its respective activities under this agreement and acknowledge that all expenditures under this agreement shall be paid with current revenues of the paying party. B. The parties acknowledge that continuation of this agreement beyond City's current fiscal year is subject to annual budget process and appropriation of funds. 5. TERMINATION. Performance under this agreement may be terminated by either party with or without cause upon 30 days' written notice. 6. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. Texas A&M University — Corpus Christi Attn: Office of Sponsored Research 6300 Ocean Dr Corpus Christi, Texas 78412 CITY City of Corpus Christi Attn: Storm Water Division P.O. Box 9277 Corpus Christi, TX, 78469 Page 2 of 6 T. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or minor changes in the scope of work. 8. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and Texas A & M University- Corpus Christi agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 10. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Texas A&M University — Corpus Christi By: Name: L Title: Date: 44`4) Page 3 of 6 CITY OF CORPUS CHRISTI ATTEST By: Rebecca Huerta Margie C. Rose City Secretary City Manager APPROVED AS TO FORM: This 1)-- day of 2017 Lisa Aguilar, ssistant City Attorney For City Attorney Page 4 of 6 EXHIBIT A [Insert the Proposed Scope of Work as provided by TAMU-CC Assistant Professor Conklei (Next 4 pages) Page 5 of 6 Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. Quantifying Plastic Debris Loading and Accumulation in Corpus Christi Bay to Improve Stakeholder Awareness Project Director Jeremy L. Conkle Assistant Professor Texas A&M University Corpus Christi (361) 825-2862 jeremy.conkle@tamucc.edu conklelab.tamucc.edu Background Corpus Christi is nicknamed the "Texas Riviera" or the "Sparkling City by the Sea," with Corpus Christi Bay being the centerpiece of this city. Unfortunately, Corpus Christi Bay is beginning to develop a reputation for its ubiquitous trash/plastic debris and littered shorelines. (See "All the Cups" on YouTube: https://www.youtube.com/watch?v=LhIBSOITYdQ.) This "reputation" could have economic consequences in the broader region, with $1.5 billion and $5.4 million in local revenues tied to nature tourism and fisheries (respectively). It has also been documented that plastics in marine environment are harmful to fisheries and, sea turtles, birds and marine mammals. Unfortunately, this problem is not unique to Corpus Christi. Plastic debris estimates in the ocean are at 268,000 tons and 4.8-12.7 million tons loaded annually. The fate of plastic debris is also largely unknown. Estimates for total annual plastic loading4 do not match observed concentrations. The first step in understanding the problem locally is quantifying its scale and studying sources. This project will quantify and qualify (types, sources, sizes) plastic debris (i.e., polyethylene terephthalate, polyethylene, polypropylene, polystyrene, etc.) loading within Corpus Christi Bay. Storm Water Sampling Design Sampling of floating debris in storm water effluent at 3 sites (Figure 1) will be conducted using harbor class booms. This floating debris collection system will be deployed from the shore (using skiffs when necessary) 2-3 days prior to storm event and the debris collected and booms will be removed within 24 to 48 hours after discharge has stopped. We anticipate sampling 4-6 storm events at each site, but the current La Nina is expected to produce drier weather in the region, resulting in below average rainfall during the study period. Booms in Corpus Christi Bay (Louisiana and Annapolis storm water basins) will be anchored to the shoreline and extend out 100 to 250 feet (depending on preliminary Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. testing) from the discharge. Oso Creek storm water samples will utilize a boom that is placed across the creek just upstream from the Staples Street bridge. Collected plastic debris will be collected with dip nets, placed in heavy duty trash bags and transported back to the TAMUCC campus. The debris will be allowed to dry before being weighed, sorted and characterized. After processing, debris will be re - bagged and discarded in TAMUCC dumpsters. Boom Design & Deployment The floating debris collection system will be developed using standard harbor class oil spill response boom extending 100 to 250 feet (depending on preliminary testing) into the bay from the shoreline in an open trapezoidal configuration (Figure 1). This configuration will allow potentially strong discharge currents to flow under the boom while capturing floating debris. Longshore currents in Corpus Christi Bay will also require that the deployed boom system be long enough to diffuse currents from various directions. This concern will be assessed during boom deployment, but it is expected that the proposed 100 to 200 feet of boom will be sufficient. By keeping the boom length less Annapolis Storm Water Outfall (Ropes Park) Oso Creek Storm Water Colle Figure 1. Potential storm water sampling sites. Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. than 200 ft, they will remain in shallow, near shore waters and should not hinder navigation. The harbor class booms to be used in this study have the following characteristics: • 18 -inch plastic skirt that extends into the water column • Yellow or orange color, making them easily visible from shore • Boom will be in shallow water and will not be lighted at night • 8 -inch foam flotation chamber with 6+ inches of freeboard • Chain ballast • Cable (steel or aramid) top tension member • Either Universal or Z -Type end connectors On shore, booms will be anchored on each side of the outfall. Shore anchors will be established by tying off to existing rocks or other suitable fixed anchor points, or with temporarily placed T -posts driven into the sand. In the bay, the trapezoidal shaped apex (bay side collection area) of the boom will be secured with a standard anchor systems (Figure 2) consisting of: • 20 pound Danforth Anchors • Trip line with small floats • Anchor chain • Anchor lines 5 to 7 times the depth of the water in length. Where additional holding strength is required to stabilize the boom due to waves and current, a tandem anchor system will be employed. A second anchor and chain will be positioned in-line between the trip line and the hilt of the first anchor. All anchors will be removed when booms are collected after each storm event (24 to 48 hours). In Oso Creek, boom deployment must consider streamflow. T -posts will be boom trip (P marker buoy used in the muddy banks of Oso Creek to establish a V-shaped collection point for floating debris. The apex of the "V" will be along the bank just upstream of the Staples Street Bridge if safe and adequate access can be assured. The boom will angle upstream across the streamflow at an angle sufficient to allow the water to flow under the boom while collecting the floating debris at the apex. Boom is not intended to capture floating materials when there is a current greater boual buo, Figure 2. Boom anchoring system. Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. than 0.5 m sec -1 under the boom unless a deflective angle is established. If the current is 1 m sec -1 the boom angle across Oso creek will be established at 45°. There is no navigation or other passage in this area. This boom collection strategy has been developed based on knowledge and experience collecting floating oil, but it is anticipated that target materials (plastics, Styrofoam and organic debris) of this study will behave in a similar manner. This should afford the opportunity to capture, characterize, and quantify these materials. Excessively Targe wind, waves, or current flows could have an adverse impact on the boom performance Additionally, slightly or neutrally buoyant materials like plastic bags or grass clippings may entrain easier and might not be collected. These potential issues will be considered when interpreting the results of our study. Safety During boom deployment, installation and sample collection all researchers will wear Coast Guard approved personal flotation devices, safety glasses, closed -toed shoes and pants and will always work in pairs. During sample collection, researcher will also wear nitrile gloves so that in the event biological materials (dead animals, feces, etc.) is encountered exposure to pathogens is minimized. Involvement by the City of Corpus Christi The Coastal Health & Water Quality lab run by Dr. Conkle at TAMUCC will be leading the project. He will work with the Crystal Ybanez, Environmental Services Superintendent for the City of Corpus Christi to ensure that all research activities follow local ordinances. During boom deployment, we will invite Crystal and colleagues from the city to observe installation activities and to ascertain that approved anchoring and marker buoys are used. A major goal of this study is to inform policy and decision makers regarding storm water management and the debris storm water transports into local surface waters. Upon completion of this project, all data and results will be delivered to the Coastal Bend Bays and Estuaries Program and the City of Corpus Christi to ensure that this work benefits our community. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Security Access Control System Maintenance and Repair Services for Utilities Department CAPTION: Motion authorizing the City Manager, or designee, to execute a service agreement with Total Protection Systems, Inc. of Corpus Christi, Texas to provide continuation of maintenance and repairs to the building access security system for various Utilities department locations, to include access readers, gates, video monitors, alarm panels, and any additional security hardware and supporting infrastructure for an estimated expenditure not to exceed $34,900.00 of which $8,725.00 has been budgeted in the Water Fund for FY2016-2017. The term of the agreement is for one 12 -month period with an option to extend for up to two additional 12 -month periods at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide continuation of maintenance and repairs to the building access security control system and provide enhanced safety and security. BACKGROUND AND FINDINGS: The City has installed building access security system for various facilities requiring controlled access to the buildings. The Security System provides for access control through card readers, with intercoms and camera monitoring at various locations, and general area monitoring at the front gate and parking lot at various locations. Total Protection Systems has installed the existing security access control system and is considered a sole source provider due to proprietary system compatibility requirements. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,535,967.18 $26,175.00 $2,562,142.18 Encumbered / Expended Amount $1,344,548.11 $0.00 $1,344,548.11 This item $8,725.00 $26,175.00 $34,900.00 BALANCE $1,182,694.07 $0.00 $1,182,694.07 Fund(s): General Fund Comments: The initial contract term total is $34,900.00, of which $8,725.00 is funded in FY2016-17. The total estimated contract value will be $104,700.00 if all options years are executed. RECOMMENDATION: Staff recommends the approval of the proposed amendment. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION Buyer: Lydia Juarez PRICE SHEET SECURITY CONTROL SYSTEM MAINTENANCE AND REPAIR for UTILITIES DEPARTMENT Total Protection Systems, Inc. Corpus Christi, Texas ITEM DESCRIPTION Unit QTY UNIT PRICE EXTENDED PRICE 1 Security Labor- Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 200 HR $95.00 $19,000.00 2 Security Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-1 1:59PM 10 HR $142.50 $1,425.00 3 IT/Program Labor- Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 50 HR $115.00 $5,750.00 4 IT/Program Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-1 1:59PM 10 HR $172.50 $1,725.00 5 Parts/Material 1 7,000 7,000 $7,000.00 TOTAL $34,900.00 SERVICE AGREEMENT NO. 1240 Security Access Control Maintenance and Repair Services for Utilities Department THIS Security Access Control Maintenance and Repair Services for Utilities Department Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Total Protection Systems, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Security Access Control Maintenance and Repair Services for Utilities Department in response to Request for Bid/Proposal No. 123 ("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 Security Access Control and Maintenance and Repair Services for Utilities Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $34,900.00, 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, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Name: Joanna Moreno Department: Utilities Department Phone: 361-826-1649 Email: joannam©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 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. 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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 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. 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: Contracts/Funds Administrator, Utilities Treatment Address: 2726 Holly Rd. Corpus Christi, TX 78415 Fax: 361-826-1715 IF TO CONTRACTOR: Total Protection Systems, Inc. Attn: Linda L. Donnell Title: C.E.O Address: PO Box 270837 Fax:361-289-1688 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: L c.. Printed Name: Linda L Donnell Title: C.E.O. Date: 6/7/17 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/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. NA 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 General ReauirementsJBackground information The City has installed building access/security system for various facilities requiring controlled access to the buildings. The Security System provides access control through card readers, with intercoms and camera monitoring at some locations, and general area monitoring at the front gate and parking lot at some locations. Contractor shall provide maintenance and/or repair for the building access/security system to Water, Wastewater, Stormwater, and Gas divisions to include, access readers, gates, video monitors, alarm panels, and any additional security hardware and supporting infrastructure for the system. Scope of work A. Service Requirements: a. The Contractor must be available to provide services between the hours of 7:00 a.m. and 7:00 p.m.. Monday through Friday. on an as needed basis. b. The Contractor shall receive work order request(s) and return phone request within 1 hour of a call being placed by the Utilities Department. c. The Contractor shall be on site within 4 hours of receipt of work order request(s). d. The Contractor shall repair/correct the deficiency within 24 -hours of arrival on site and perform inspection to ensure operational functionality. e. Service repairs shall include any and all issues that may arise with the Building access/security system. f. At time of completion. report back to the requester and provide the source of failure. g. All parts used for any repair shall be new and unused. B. Service requests are to be accepted by the following authorized personnel: a. Contract Administrator b. Work Coordinator c. ON Stevens Personnel C. Contractor shall provide a quote for major repairs/service, defined as exceeding $1,000.00. A I quotes shaft include labor, parts, travel and any other costs associated with the work performed_ D. Ail repairs shall be completely documented by the Contractor. A copy of each wort order or repay stip wfil be provided to the personnel on site and shall include the following: a. Ste location b. Description of the repair/service c. List of material replaced d. Start time, end time, and total hours. Work Site and Conditions The work shaft be performed at the following locations: # Location Address 1 Broadway WW Treatment Plant 945 Resaca 78402 2 Oso WW Treatment Plant 501 Nile Dr. 78412 2 Greenwood WW Treatment Plant 1541 Saratoga Blvd. 78415 3 Allison WW Treatment Plant 4101 Allison Rd. 78410 4 Laguna WW Treatment Plant 201 Jester St. 78418 5 Whitecap WW Treatment Plant 13500 Whitecap 78418 6 Pump Station 301 Kinney St./Power St. 78401 7 Pump Station 1218 N. Water 78407 8 Various WW Lift Stations City Wide 9 Utilities Building 2726 Holly Rd. 78415 10 O.N. Stevens Water Treatment Plant 13101 Leopard St. 78410 11 Wesley Seal Dam County Rd. 365 78383 Sandia, TX 12 Choke Canyon Dam 150 South Park Road 78071 Three Rivers, TX 13 Gas Building 4225 S. Port Ave. 78415 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. ATTACHMENT B-BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM 1. Refer to Contract Terms and Conditions before completing bid. 2. Quote your best price, including freight, for each item. 3. In submitting this bid, Bidder certifies that 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. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL Security Labor -Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 200 HR $95.00 $19,000.00 Security Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-11:59PM 10 HR $142.50 $1,425.00 IT/Program Labor- Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 50 HR $115.00 $5,750.00 IT/Program Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-1 1:59PM 10 HR $172.50 $1,725.00 Parts/Material 1 $7,000.00 $7,000.00 $7,000.00 TOTAL $34,900.00 COMPANY: Total Protection Systems, Inc. NAME OF PERSON AUTHORIZED TO SIGN: Linda L Donnell ADDRESS: PO Box 270837 CITY / STATE/ZIP CC. Tx. 78427-0837 PHONE: 289-2788 EMAIL: Id@totalprotection.com FAX: 289-1688 DATE: 6/7/17 SIGNATURE: J i L T�enara1! ((7). TITLE: C.E.O. THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL BIDS. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE BIDS RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page lof 1 RFQ Revised 12.6.16 Attachment C-Insurance/Bond Requirements I. CONTRACTOR' S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City' s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on 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 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor' s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Utilities Security_ Access System 11/28/2016 my Risk Management Attachment D- Warranty Requirements Warranty on all labor shall be 90 days or better. Warranty on materials shall be 365 days or better. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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: 2017-220331 Date Filed: 06/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Total Protection Systems, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Utilities Department 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. 1240 Security Access Control Maintenance & Repair Service Agreement Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX Sworn 20 L 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ! i �^j/J1Y P� A* CANDY LYNN MARROU My Commission Expires V,�1�Y December 22, 2018 --1---, ,%Signature of auth zo int ed agent of contra` ing business entity 0O ntie€ , this the ` f day of JILn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said '- i''t 0 °- 7 , to certify which, witness my hand and seal of office. i(r(' `,6t) H / E -d L/ a i i Pt, Mil) L s`S ,(10 q Signature oi)officer administering oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: June 21, 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 dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Corpus Christi Aquifer Storage and Recovery Feasibility Study (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Felder Water Well & Pump Service LLC of Angleton, Texas in the amount of $950,740 for the Corpus Christi Aquifer Storage and Recovery Feasibility Study for Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: CIP Description: Corpus Christi Aquifer Storage and Recovery Feasibility Study Aquifer storage and recovery (ASR) is a long-term water supply strategy to effectively integrate the City's regional water supply system to achieve long-range water planning goals. The scope of investigation and analysis for this ASR feasibility study includes the following work elements: • Conduct an exploratory test drilling program (up to three exploratory boreholes) to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites; • Perform geochemical analysis to determine the compatibility of treated source water for storing within the native aquifer setting; • Develop a field scale groundwater model to simulate storage and recovery operations; • Evaluate ASR operating policy considerations; and • Prepare and submit a technical report and electronic presentation to the Texas Water Development Board summarizing the findings of District feasibility study. Project Scope: In 2005, the Corpus Christi Aquifer Storage and Recovery Conservation District (District) was established to protect the groundwater resources within the City limits that represent the District service area. One of the goals of the District is to investigate the feasibility of and potentially develop an aquifer storage and recovery project for the service area. In 2009, the District completed a proposed five-year plan that identified studies needed to identify potential operational issues and gain confidence in developing a successful ASR program. In July 2016, the City and District accepted a Texas Water Development Board grant in the amount of $433,388 to conduct an ASR Feasibility Study within the District service area. In July 2016, the City awarded an Architect/Engineer contract to HDR Engineering to provide Corpus Christi ASR Feasibility Study which is aligned with tasks identified in the District's five- year plan and recent findings from a District study completed in January 2016. The investigation of ASR feasibility within the District is a sound investment and important for the following reasons: • Promoting diversification of regional water supplies; • Providing cost-effective regional water supplies to meet competing demands; and • Improving system operations and reduce annual operating costs. As one of the key tasks of the ASR Feasibility Study, the City needs to contract a qualified water well driller to conduct an exploratory test drilling program (up to three exploratory boreholes) to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites. The project scope includes: Base Bid: • Initial evaluation (Phase I) Drilling a 9-7/8 inch diameter borehole or less and completing downhole geophysics and lithology classifications to a depth of 1,200 feet at a minimum of three test site locations; • Expanded evaluation (Phase II) Drilling three separate boreholes (a maximum depth of 1,200 feet for each) adjacent to Phase I locations to carry out core -barrel soil coring, interval pumping tests, and water quality sampling up to three, 150 -foot -thick intervals within each borehole Additive Alternate: • Provide and install permanent monitoring well in Phase I and Phase II Boreholes • Drilling alternative Phase I and Phase II borehole if one of Phase I boreholes cannot provide good geophysics results On May 10, 2017, the City received proposals from four (4) bidders and the respective bids were as follows: CONTRACTOR BASE BID ADDITIVE ALTERNATE NO. 1 TOTAL BASE BID PLUS ADD. ALT. NO. 1 Unison Drilling, Inc. Devine, Texas 637,776 244,619 882,395 Felder Water Well & Pump Service LLC Angleton, Texas 776,340 174,400 950,740 Layne Christensen Company Houston, Texas 1,251,131 437,859 1,688,990 Cory L. Miller dba C. Miller Drilling Winnsboro, Texas 1,494,777 220,375 1,715,152 Engineer's Opinion of Probable Construction Cost (Base Bid) 882,395 Unison Drilling, Inc. (Unison) was the apparent lowest bidder, Felder Water Well & Pump Service LLC (Felder) was the apparent second lowest bidder. The City's Consultant, HDR Engineering, reviewed the experience and qualifications of the bidders and found that Unison failed to demonstrate comparable -type experience on similar sized projects per the requirements of bidding documents. Based on Unison's failure to demonstrate the required experience, Unison's bid has been deemed non-responsive. Felder expressed significant experience with comparable -type projects and proficiency in executing similar projects. In addition, HDR Engineering contacted selected project references and received favorable feedback for Felder. Felder is the lowest responsive and responsible bidder; therefore, City staff recommends the project be awarded to Felder. Based on a review of Felder's experience and resources, Felder is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 1,857,708 1,857,708 Encumbered / Expended Amount 626,800 626,800 This Item 950,740 950,740 Future Anticipated Expenditures This Project 247,959 247,959 BALANCE 32,209 32,209 Fund(s): Water Supply CIP #7 Comments: This project requires approximately 166 days for construction with anticipated completion by February 2018. The construction contract will result in the expenditure of an amount not to exceed $950,740. RECOMMENDATION: City Staff recommends approval of a construction contract with Felder Water Well & Pump Service LLC of Angleton, Texas in the amount of $950,740 for the Corpus Christi Aquifer Storage and Recovery Feasibility Study for the Total Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Corpus Christi Aquifer Storage and Recovery Feasibility Study FUNDS AVAILABLE: Water Operating $325,000 Texas Water Development Board Grant 433,388 Raw Water Supply Development Fund 1,099,320 TOTAL FUNDS AVAILABLE $1,857,708 FUNDS REQUIRED: Construction 1,045,814 Construction (Felder Water Well & Pump Service LLC) THIS CONTRACT 950,740 Contingency (10%) 95,074 Design and Testing• 676,800 *Original (HDR Engineering, Inc.) 601,980 Amendment No. 1 (HDR Engineering, Inc.) - Amendment No. 2 (HDR Engineering, Inc.) 24,820 Laboratory Testing Estimate (TBD) 50,000 Reimbursements. 102,885 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 37,154 Engineering Services (Project Mgmt/Constr Mgmt) 55,731 Misc 10,000 TOTAL $1,825,499 ESTIMATED PROJECT BUDGET BALANCE $32,209 *Contract approved by City Council on July 26, 2016 by Ordinance No. 030902 4 E1 1074 3161 2250 eCeS881 g rl /H,3, 5 m E a a St8 m FM -44 .1,078-2) Texas State Aquarium Q PROJECT LOCATION Corpus Christi Agnes St 0 Corp Christi sA1 ernational Airport 55A 665 2292 LEGEND ❑Most Favorable Area for ASR (Preliminary) 0 Priority Test Sites 0 Alternate Test Sites 1 s :A 1 763 49A 43 LOCATION MAP NOT TO SCALE sorer` o�0 Project Number: E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES w~• Corpus Chr sti Engineering Corpus Christi Aquifer Storage and Recovery Feasibility Study Council Presentation July 11, 2017 Project Location tH 37 Corpus Christi Aquifer Storage, State Aquanumo and Recovery Feasibility Study FM -44 s' CClA corpus Christ sv. - O Hernationai Airport LEGEND DMost Favorable Area for ASR (Preliminary) 0 Priority Test Sites O Alternate Test Sites m 0 0 Corpus Christi Agnes St Sart ogle,1fa Corpus Chr sti Engineering 2 Project Vicinity Corpus Chr'sti Engineering Corpus Christi Aquifer Storage and Recovery Feasibility Study !Agnes St! LEGEND DMost Favorable Area for ASR (Preliminary) 0 Priority Test Sites 0 Alternate Test Sites Project Scope Corpus Chr sti Engineering 1. Initial evaluation (Phase I) • Drill boreholes at minimum of three test site locations • Downhole geophysics and lithology classifications to a depth of 1,200 feet 2. Expanded evaluation (Phase II) • Drill borehole adjacent to Phase I location to maximum depth of 1,200 feet • Core -barrel soil coring • Interval pumping tests (Step, constant rate test, and recovery monitoring) • Water quality sampling for up to three intervals 1 Project Schedule Corpus Chr sti Engineering 2017 2018 APR MAY JUN JUL Bid & Award AUG SEP OCT NOV DEC JAN FEB Construction Project Construction Estimate: 166 Days Schedule reflects City Council construction award in July 2017 with completion planned by February 2018 hdrinc.com ERZ June 20, 2017 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 RE: A/E Recommendation for City of Corpus Christi Consideration for Driller Selection to Support Ongoing Corpus Christi Aquifer Storage and Recovery Feasibility Study (E16265) Dear Mr. Edmonds: In July 2016, the City of Corpus Christi accepted a grant from the Texas Water Development Board and appropriated funding to support the Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study (E16265) for a total project of $1,857,708 which includes drilling services pursuant to TWDB Contract No. 1600011956. We have reviewed the bids from four (4) bidders, which were opened on May 10, 2017, for exploratory testing and drilling services. Please find enclosed a copy of the Tabulation of Bids summarizing the proposed bids from each of the four (4) bidders. A Statement of Experience was requested from the three low bidders. At the City's request, HDR used the following criteria to evaluate bids, in accordance with 00 21 13 -INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, 00 30 00 -BID ACKNOWLEDGMENT FORM, and 33 21 31 -GRAVEL PACK WELLS specifications from bid document issued March 28, 2017: • Bid price, included balance of unit price items • Statement of Experience • Demonstrated experience of bidder for comparable -type projects (per 00 45 16- ARTICLE 2.06) • Evidence of bidders capacity to perform minimum requirements to complete work (per 00 45 16- ARTICLE 1 and 00 21 13- ARTICLE 14) A detailed review of the written materials provided by the three lowest bidders was conducted by HDR, which included supplemental information provided by bidders at HDR request to enhance or supplement information provided in the Statement of Experience (per 00 45 16- ARTICLE 1.01). Additional information was received by bidders on June 13, 2017 to clarify our understanding of their experience related to scope of work items. 4401 West Gate Blvd., Suite 400, Austin, TX 78745 T 512.912.5100 F 512.912.5158 Texas Registered Engineering Firm F-754 Mr Jeff Edmonds, P.E. June 20, 2017 Page 2 HDR evaluated the Bidders' demonstrated experience: (1) completion of water wells in the Gulf Coast Aquifer, (2) collection of formation samples with a core barrel tool and (3) construction of temporary wells for collection of water samples and testing of isolated formations in the Gulf Coast Aquifer. The above criteria are essential for quality control of testing and sampling of multiple aquifer intervals to produce high-quality, defensible, scientifically -driven results for evaluating the feasibility of ASR, which is the primary goal of the study. The lowest bidder, Unison Drilling, is not recommended because of a failure of bidder to demonstrate comparable -type experience on similar sized projects (per 00 21 13 ARTICLE 24.02- K) and at least five similar projects within the last 5 years equal to or greater in size and magnitude than the current project (per 00 45 16 ARTICLE 2.06). Unison submitted five drilling projects executed within the last five years. However, after reviewing these projects and supplemental information provided by Unison, we deem that these projects are not comparable -type projects because none of the projects include drilling water wells in the Gulf Coast aquifer and none of the listed projects include performing interval testing on multiple, isolated aquifer formations (per 00 21 13 ARTICLE 02 AND 01 29 01 ARTICLE 1.03). HDR recommends Felder Water Well & Pump Service LLC for the City's consideration and award of the Contract because they are the lowest responsive, responsible bidder. Felder has experience with comparable -type projects that include drilling, testing and collecting cores from the Gulf Coast Aquifer. Additionally, Felder expresses proficiency in removing casing and resetting for testing of multiple isolated intervals. We contacted selected project references listed by Felder and received favorable feedback. Based on the information presented above, it is the recommendation of HDR Engineering that the subject project be awarded to Felder Water Well & Pump Service LLC for base bid items of $776,340 and for alternate bid items up to $174,400. The alternate items included on bid form provide a costing structure for additional work items based on field test results at City Staff and HDR discretion. In this case, total base bid and alternate items are not to exceed a total budget of $950,740 for drilling activities without additional City appropriations. Sincerely, HDR Engineering, Inc. Kristi Shaw, P.E. Project Manager Enclosures 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 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Felder Water Well & Pump Service LLC Angleton, TX United States Certificate Number 2017-226722 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 06/21/2017 Date Acknowledged: 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. E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Wilcox, Jo Angleton, TX United States X Felder, Dale Angleton, TX United States X Felder, Raymond Angleton, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perju , that the above disclosure is true and correct. =ot4.I'• Ni o NORA LENNON *4 Notary Public STATE OF TEXAS o `[_ ;°)•t -Commission Exp. OCT. 27, 2018 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said f) g_2/ ) a of authorized agent of contracting business entity f (� 0 }/ , this the , day ofJ 20 ) 7 , to certify which, witness my hand and seal of office. 1( 47 r'] 0--/-\ OraLe/i/ 0 i11, ^ G/� . Signature of officer administering oath Printed name of officer administering oath Tite o officer ad istering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 3, 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 Construction Contract Old Robstown Road from State Highway 44 to Leopard Street Bond 2014 Proposition 1 CAPTION: 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 $5,461,830.25 for the Old Robstown Road project from State Highway 44 to Leopard Street for the base bid. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Old Robstown Road from State Highway 44 (Agnes Street) to Leopard Street Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Old Robstown Road from State Highway 44 to Leopard Street — This project includes full -depth repair of the existing two lane roadway with on -street parking. Consideration is being given to upgrade the road from a minor residential collector to one lane in each direction and continuous center turning lane or two lanes in each direction. This may eliminate the existing designated on -street parking and will be evaluated during design. Other improvements include curb and gutter, sidewalks, ADA curb ramps, pavement markings. Upgrading the roadway would require ROW acquisition." Project Scope: The Old Robstown project includes full -depth reconstruction and reconfiguration of the existing 2 -lane street roadway as a 3 -lane roadway with two travel lanes and a continuous center turn lane. This lane configuration increases the capacity without the need to acquire additional right of way. The project includes new hot -mix asphalt cement (HMAC) pavement, concrete bus pads, curb & gutter, sidewalks, ADA ramps, pavement markings and an off-street two-way cycle track on one side. Utility improvements include water, storm water, wastewater. Natural gas relocations will be completed by City crews. The project was designed and bid with only one pavement alternative (See attached February 2, 2017 Informal Staff Report). The project also includes replacement of the traffic signal at the Old Robstown / Up River Road intersection, and street lighting (illumination) relocations and upgrades in coordination with AEP. A separate project is under design to replace the span -wire traffic signal at the Old Robstown/State Highway 44 intersection under the Highway Safety Improvement Program (HSIP). HSIP projects are funded by TxDOT 90% grants but are required to be let by TxDOT. The signal and roadway projects are being coordinated to allow for concurrent completion. This project bid on May 26, 2017, the City received proposals from six (6) bidders and the bids are as follows: Contractor Base Bid Haas -Anderson Construction, LTD Corpus Christi, Texas 5,461,830.25 JE Construction Services Corpus Christi, Texas 5,702,904.05 Berry Contracting LTD., dba Bay, LTD. Corpus Christi, Texas 5,998,316.60 SJ Louis Construction of Texas San Antonio, Texas 6,353,502.02 CPC Interests, LLC. Dba Clark Pipeline Services Corpus Christi, Texas 6,384,988.66 Jimmy Evans Company Austin, Texas 7,493,253.20 Engineer Opinion of Probable Cost: 5,780,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: CH2M Hill Engineers, Inc. is the design engineer that was selected for this project under RFQ No. 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service 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 $738,745.00 $3,884,461.00 $2,558,600.00 $7,181,806.00 Encumbered / Expended Amount 738,745.00 738,745.00 This item (Construction) 2,903,230.25 2,558,600.00 5,461,830.25 Future Anticipated Expenditures This Project 967,787.03 967,787.03 BALANCE 0 $13,443.72 0 $13,443.72 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and CH2M Hill recommend award of a construction contract to Haas -Anderson Construction, Ltd. in the amount of $5,461,830.25 for the total base bid. LIST OF SUPPORTING DOCUMENTS: Informal Staff Report date February 2, 2017 Project Budget Location Map Presentation Form 1295 Letter of Recommendation INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Mark Van Vleck, P.E., Assistant City Manager Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Servic Date: February 2, 201.7 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 Ofcials (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 January 10, 2017 meeting to indicate that both designs were to be applied for full reconstruction projects and not situations where the existing pavement can be rehabilitated. SEPTEMBER 22, 2015 COUNCIL MEETING: During the 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 4). 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 5) shows the currently proposed and recommended pavement structure for the Bond 2014 projects. Street Bond Projects - Pavement Recommendations PROJECT NUMBER PROJECT TITLE Bond STATUS Current Design Proposed Design E13099 Waldron Rd (Akrdeme Dr to Caribbean Dr) Bond 2014 Prop 1 Complete HMAC HMAC E13100 Santa Fe 5t (Elizabeth St to Hancock St) Bond 2014 Prop 1 Complete HMAC HMAC E13095 Southern Minerals Rd (lip River Rd to IH -37) Band 2014 Prop 1 Construction _ PCC PCC E13086 Alameda St (Kinney 5t to Upon 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 Rdito Carroll in.) Bond 2014 Prop 1 Coundl Award HMAC HMAC E13087 Soliihar Rd (South Staples to Weber Rd) Bond 2014 Prop 1 Council Award Council Award HMAC HMAC HMAC _ HMAC E15109 Ennis Joslin Road Extension (Holly to Williams} Bond 2014 Prop 2 E13092 Ate, St (Alameda St to Ocean Dr) Bond 2014 Pro 1 Bkldin HMAC HMAC ---. E13096 Yorktown Blvd (Everhart Rd to Staples St) Bond 2014 Prop 1 Pending Bid Both _ Both E13097 i=arroll Lane (Houston St to McArdle Rd) _ Bond 2014 Prop 1 Pending Bid HIWAC HMAC E13091 Corona Dr (Flynn Pkwy to Everhart Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC E15122 Creek View Drive Extension Band 2014 Prop 2 Final HMAC HMAC E15111 North Padre Island Beach Access Road 2 Bond 2014 Prop 2 Pre -Final PCC PCC _ E13098 ' Old Robstown Rd (Highway 44 to Leopard St) Bond 2014 Prop 1 Pre -Final HMAC HMAC E13093 Yorktown Blvd (Lake Travis to Everhart Rd) Band 2014 Prop 1 Pre -Final HMAC HMAC E15106 Ayers 5t Pedestrian Improvements and Turn Lane Bond 2014 Pi rip 2 75% HMAC HMAC E13094 Staples St (Alameda St to Morgan St) Bond 2014 Prop 1 60% Both Both E15107 Chaparral Street- Phase 2 (Schatzel to Taylor) Bond 2014 Prop 2 30% HMAC Both E15110 Flato Road - Agnes to Bates Bond 2014 Prop 2 30% HMAC Both E15112 Rodd Field Road Expansion (Saratoga to Yorktown) Bond 2014 Prop 2 30% HMAC Both E13090 Morgan Ave (Staples St to Ocean Dr) Bond 2014 Prop 1 On Hold Both _ Bath Advertised or in Construction PCC HMAC Both PROJECT BUDGET ESTIMATE Old Robstown Road State Highway 44 to Leopard Street BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street Bond 2014 Proposition 1 3,593,500 Street Bond 2016 Certificates of Obligation 100,000 Storm Water CIP 2,757,880 Wastewater CIP 126,720 Water CIP 603,106 Gas CIP 600 TOTAL FUNDS AVAILABLE 7,181,806 FUNDS REQUIRED: Construction Fees: Construction (Haas -Anderson) THIS ITEM 5,461,830 Streets 2,545,767 Utilities 2,916,063 Storm Water 2,379,624 Water 487,060 Wastewater 48,880 Gas 500 Contingency (10%) 546,183 AEP Illumination Upgrades (estimate) 100,000 Construction and Testing Fees. 225,872 Construction Inspection (TBD) 175,900 Construction Materials Testing 49,972 Design Fees: Engineering Design (CH2M Hill) Original, Amendment No. 1 and 2 638,725 Streets 383,645 Utilities 255,080 Storm Water 127,540 Water 61,219 Wastewater 66,321 Gas - Reimbursement Fees. 195,752 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 88,522 Engineering Services (Project Mgt) 106,230 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 7,168,362 ESTIMATED PROJECT BUDGET BALANCE 13,444 Nueces Bay Highway 44 0 .,carpus Christi International Airport 49A 763 37 26 Navigation Blvd 8 Texas State Aquariums Leopard St 4 Corpus Christi o� Q PROJECT LOCATION 26A 35 LOCATION MAP NOT TO SCALE Project Number: E13098 Old Robstown Road State Highway 44 to Leopard St Bond 2014 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Old Robstown Road State Highway 44 to Leopard Street BOND 2014, Proposition 1 Council Presentation July 11, 2017 Project Location �hrsti Engineering Highway 44 Corpu©hristi International Airport ] ® 3] 36 3S Texas State AquariumQ Leopard St Corpus Christi •^o 0 o �C rn z eaiaw�n%a OLD ROBSTOWN ROAD Sp/o 45 2 Project Vicinity 4000 Corpus Chr sti Engineering Old Robstown Road Cross Sections 0 �hrsti Engineering TWO-WAY CYCLE TRACK SIDEWALK CENTER TURN LANE BUFFER TRAVEL LANE Q TRAVEL LANE SIDEWALK icic At 1. ott i At Old Robstown Road Cross Sections 111 �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 6" HMAC 8" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT GEOGRID 5 Project Scope �hrsti Engineering Full reconstruction with HMAC pavement with concrete bus pads, curb & gutter, sidewalks, ADA ramps, and pavement markings and signage with the following additional elements: • Reconfiguration of the street includes reducing the on -street parallel parking to only one side to add the 2 -way off-street cycle track • Utility upgrades for water, wastewater, gas and storm water • Area illumination improvements under separate contract with AEP • Traffic signal upgrade for the Old Robstown/Up River intersection ❖ Separate joint TxDOT/City project is programmed with a 90/10 cost share for signal replacement at the Old Robstown/Ayers intersection Project Schedule �hrsti Engineering 2017 2018 J J Bid/ Award s O N D J Mr Construction Construction Estimate: 365 days June 2, 2017 494241 FfHILL� Mr. Jeff Edmonds, P.E. Director of Engineering Services c/o Chris Hale, P.E. Engineering Project Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 CH2M BILL 555 N Caranahua Suite 310 Corpus Christi, TX 78401 Tel (361) 888-8100 Fax (3611 8888600 Subject: AWARD RECOMMENDATION OLD ROBSTOWN ROAD (STATE HIGHWAY 44 TO LEOPARD STREET) E13098 Dear Mr. Edmonds: On March 26, 2017, bids were received and opened on the subject project. There were six (6) bidders, the three (3) lowest are as follows: 1. Haas -Anderson Construction, LTD. 2. JE Construction Services 3. Bay, LTD. $ 5,461,830.25 $ 5,703,787.05 $ 5,998,318.60 Proposals from the low bidders were checked for mathematical errors, and one summing error was found in JE Construction Services. All three (3) of the lowest bidders, Haas -Anderson Contruction, LTD., JE Construction Services, and Bay, LTD., submitted the information requested in SECTION 00 45 16 STATEMENT OF EXPERIENCE. The information supplied by the low bidder, Haas -Anderson Construction LTD., appears to be complete and in order as follows: • All key Project personnel have at least 5 years of experience in their respective positions. • provided information which demonstrates their ability to successfully complete projects of similar size and complexity to this project. • provided information which demonstrates they have an acceptable safety record. • provided information which demonstrates their ability to provide subcontracting opportunities for MBE, minority, and DBE participation in the project. The information supplied by the second lowest bidder, JE Construction Services, appears to be complete and in order as follows: • All key Project personnel have at least 5 years of experience in their respective positions. • provided information which demonstrates their ability to successfully complete projects of similar size and complexity to this project. • provided information which demonstrates they have an acceptable safety record. ENGINEER'S AWARD RECOMMENDATION PAGE 2 JUNE 2, 2017 • Noted their willingness to provide subcontracting opportunities for MBE, minority, and DBE participation in the project. Our most recent past project experience working with Haas -Anderson on the Doddridge Street Improvements project for the City of Corpus Christi has been very positive and Haas -Anderson delivered a very high quality product for the City. Thus, we recommend Haas -Anderson Construction, LTD. for consideration of award of the contract for the reconstruction of Old Robstown Road Project. Sincerely, CH2M HILL Engineers, Inc. TBPE Firm No. F-3699 777,,.z,: Jia,,, PE Martin Timmerman, P.E. Project Manager MT/kv 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: 2017-222660 Date Filed: 06/13/2017 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. E13098 Old Robstown Road - State Highway 44 to Leopard Street - 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 Lamon, Tim Corpus Christi, TX United States X Parish, Jim 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. Ln� r , N ,`"� / d -',!r/ _ . NOTARY PUBLIC � t� = coeeeesroegree: ,�. 12-18-201 7 Signature of authorized agent of contracting business entity said '; ) t—e t„j CAA I I'e f\ , this the .34'1' day of , \A,n t , NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the \, '7 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 3, 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: Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Traffic Signals and Lighting Improvements Bond 2014 Proposition 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Company, Inc. of Pflugerville, Texas in the amount of $1,901,608.50 for the Traffic Signals and Lighting Improvements Project for the base bid. (Bond 2014 Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Traffic Signals and Lighting Improvements Project. BACKGROUND AND FINDINGS: The Street Department continues their efforts to improve and upgrade the City's traffic signal network to reduce accidents, travel times, fuel consumption and vehicle emissions with this Bond 2014 project. There are currently 247 signalized intersections maintained and operated by the City. This is the second signal project under Bond 2014 Proposition 2. The first project was accelerated and completed in 2017 for the Commodores/Park Road 22 Intersection extending the left -turn lane queuing space for vehicle stacking. Bond 2014 Brochure description: "This includes various Citywide traffic operation improvements, including traffic signals and capacity work such as: new traffic signals (5 total) that meet signal warrants (e.g. Ennis Joslin and McArdle; Flour Bluff and Purdue), span wire traffic signal replacements with mast arm pole assemblies (up to 10 of the 30 remaining in the City), Ennis Joslin corridor (traffic signal hardware and software upgrades, traffic signals coordination), Citywide traffic signals wireless communication, Citywide school zones wireless communication, traffic signal controller upgrades, traffic signal controller cabinet upgrades, radar detection systems, signal head replacements, Park Road 22 at Commodores eastbound left turn bay extension, and Park Road 22 at Whitecap eastbound left turn bay extension." Project Scope: This project includes 10 intersections - one new signal and nine signal upgrades from aerial span wire to mast arm installation. Six of the locations will go online once the latest technology equipment has been installed, increasing online communications. The project includes new foundations, mast arms poles, signal heads, pedestrian push button poles, pedestrian signal heads, conduits and conductors, controllers, cabinets, electrical service, signage, ADA ramps, crosswalk striping, and miscellaneous improvements at the 10 prioritized intersections listed below: 1. Flour Bluff @ Purdue 2. Santa Fe @ Texan Trail 3. Staples @ Brownlee 4. Ayers @ Roosevelt 5. Horne @ Columbia /Airport Rd 6. Leopard @ Palm 7. Leopard @ Battlin' Buc 8. Nueces Bay @ Buddy Lawrence 9. Leopard @ Lantana 10. McKinzie @ Haven Of the 247 citywide intersections, currently 165 are equipped to communicate with the Management Center (TMC). This project will add 6 more intersections for a new total of 171. Traffic This project was developed with a single base bid. On May 24, 2017, the City received proposals from three (3) bidders and the bids are as follows: Contractor Base Bid Austin Traffic Signal Construction Company, Inc. Pflugerville, Texas $1,901,608.50 D & G Energy Corporation McAllen, Texas $2,271,109.00 Siemens Industry, Inc. Austin, Texas $2,411,489.25 Engineer's Opinion of Probable Cost $1,772,029.10 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Maldonado -Burkett ITS 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 $5,000,000.00 $5,000,000.00 Encumbered / Expended Amount This item 1,901,608.50 1,901,608.50 Future Anticipated Expenditures This Project 1,463,455.50 1,463,455.50 BALANCE $1,634,936.00 $1,634,936.00 Fund(s): Street Bond 2014, Proposition Two Comments: N/A RECOMMENDATION: City staff and Maldonado -Burkett ITS recommend the construction contract be awarded to Austin Traffic Signal Construction Company, Inc. in the amount of $1,901,608.50 for the base bid for the Traffic Signals and Lighting Improvements project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Traffic Signals and Lighting Improvements, Task Order No. 2 BOND 2014 Proposition 2 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 2 $ 5,000,000 TOTAL FUNDS AVAILABLE $ 5,000,000 FUNDS REQUIRED: Construction Fees: Construction (Austin Traffic Signal Construction Company, Inc.) THIS ITEM $ 1,901,609 Contingency (10%) 190,161 Construction Inspection and Testing Fees' Construction Inspection TBD 57,048 Construction Phase - Materials Testing Services 4,039 61,087 Design and Geotechnical Fees 233,060 Engineering Design (Maldonado Burkett ITS) Task Order No. 2 233,060 Prior Project• 912,092 Traffic Signal Improvements - Park Road 22 and Aquarius Drive' 912,092 Reimbursement Fees and Miscellaneous' 67,056 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 28,524 Engineering Services (Project Mgt) 38,032 Misc. (Printing, Advertising, etc.) 500 TOTAL $ 3,365,064 *ESTIMATED PROJECT BUDGET BALANCE 1,634,936 *Balance to be used on remaining task orders. CITY-WIDE PROJECT rradawlnds d my North San Pedro Rabstown ,i sty Viet 0 TX -44 SIGNAL LOCATIONS 0000000000 Flour Bluff Dr @ Purdue Rd Santa Fe St @ Texan Trl Staples St @ Brownlee Blvd Ayers St @ Roosevelt Dr Horne Rd @ Columbia St / Airport Rd Leopard St @ Palm Dr Leopard St @ Battlin Buc Blvd Nueces Bay Blvd @ Buddy Lawrence Dr Leopard St @ Lantana St McKinzie Rd @ Haven Dr Leayi o Cb 0 00 0 Greyiry i3 i iS; Portland Ingleside Ingleside on the Bay ^ !rr Nto S'°/0 firo 0 Chapman Ranch LOCATION MAP NOT TO SCALE •M ista is ID:1 IMusi eng isfanG' S'ta Park. Project Number: E15113 Traffic Signals and Lighting Improvements Bond 2014 Prop 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Traffic Signals and Lighting Improvements BOND 2014, Proposition 2 Council Presentation July 11, 2017 Project Location �hrsti Engineering Traffic Signals and Lighting Improvements Bond 2014 Prop 2 LTX -441 hristi SIGNAL LOCATIONS OFlour Bluff Dr @ Purdue Rd © Santa Fe St @ Texan Trl O Staples St @ Brownlee Blvd O Ayers St @ Roosevelt Dr O Horne Rd @ Columbia St / Airport Rd O Leopard St @ Palm Dr OLeopard St t Battlin Buc Blvd O Nueces Bay Blvd @ Buddy Lawrence Dr O Leopard St @ Lantana St 0i McKinzie Rd @ Haven Dr Project Scope Corpus Chr sti Engineering Project includes improvements at 10 intersections: 1 new construction and 9 upgrades of existing signals. Improvements Include: • Foundations, mast arms poles, signal heads, pedestrian poles, pedestrian push button poles, pedestrian signal heads and other equipment • Signage, ADA ramps, crosswalk striping and pedestrian ramps. Project Schedule �hrsti Engineering 2016 2017 2018 CL 0, 0 z o 0 c. DESIGN a a co BID and AWARD a CL 0, 0 z o 0 c. CONSTRUCTION Projected Schedule reflects City Council award in July 2017 with anticipated completion in January 2018. 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: 2017-223266 Date Filed: 06/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AUSTIN TRAFFIC SIGNAL CONSTRUCTION CO. INC. ROUND ROCK, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF CORPUS CHRISTI, TEXAS 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. PROJECT E15165 TRAFFIC SIGNALS and LIGHTING IMPROVEMENTS- Task Order # 2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary SHIN, FRED Roundrock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 2o,1V PO Celia Gutierrez _� Notary Public, State of Texas j` My Commission Expires 44O``e July 31, 2018 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the ;' to certify which, witness my hand I sweKiii-iiffirm, under penalty of perjury, that the 7 above disclosure is t'ue and correct. -+' _ Signature of authorized agent of contracting business entity said '_ : _ ..: •, .. this the / 1/ V-Iday of , and seal of office. iCt err- �L 4/2/4i a/.4/ i�/i ,� 4 i - , , ,. _, _ , _ Signature of offi r administering o Printed name of officer administering oath Title of officer administering oath Forms Provided by Texas Ethics Commission www.nthics sfate_tx IIS Varcinn V1 11 OO GD, MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP May 30, 2017 Chris Hale, P.E. Project Manager Engineering Services City of Corpus Christi Re: Project #E15165 Traffic Signals and Lighting Improvements (Bond 2014) — Task 2 Contractor Recommendation Mr. Hale, We received three bids from Austin Traffic Signal Construction Company Inc., Siemens Industry, Inc. and D & G Energy Corporation for the construction of ten (10) traffic signals. Siemens and Austin Traffic Signal have submitted their statements of qualifications and IMSA certification as required in Item 600.3 Section B General Information. D&G was not able to provide IMSA Certification until June 9th, 2017 which was passed the date requested. Austin Traffic Signal Construction Company Inc. was the lowest bidder. Therefore, based on these credentials, we recommend Austin Traffic Signal Construction Company Inc. be awarded the project and given notice to proceed at the City's discretion. If you have any questions please feel free to contact me. Regards, Ramon H. Maldonado, Jr., P.E. Managing Partner 3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRISTI, TX 78411 • Office: 361-236-4611 • www.mbitsgroup.com Table 1- Organization Information Organization doing business as: Au%4-6-. 'rjs '„c S Gr"p I C o. C.--. �tiC . Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. ` _ Project Name Year 1 \ o� 1c�inw �+ `v I , h - 2.- -. 24,12 0 ( 2 <1 ro^ ' J # _. p ► '�,."'`� ' ► Q . 5)-; i l O l 3 O V• r, e w i.J 4.5.-Sirf'/ c Q 2o I' 6 4 M, 0,1e0 ...I 4 L ,�6-,1 - S. -4.< ( 2 0 I \P 5 . .r ,�►-, A4'''''0\ "Pr tad e �--! �/ 1.S010 l Z Z-01,7 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NiD Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. rig Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide ruii details in a separate attachment it yes. (J 0 Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. 00 Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-5 Rev 06-22-2016 Table 3 - Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: AlSCC Project Information Project Name �`1--CLI. f(?rJvgs d Com. cription TrC ° / �e ,l°- �! �� Reference Contact Information Project Owner r—..--' "1 r Name/Title 3'^€,e. G ow- 4• I4rt'A- L `Ir Telephone -70Z- (Q11O 6Email Project Designer �hr,:'s ova,, Project Budget nd Performance Original Contract Price 7 o'3 f ©0 2 Final Contract# Price -4 1/Za0) ®vim Contract Days 0- O .�L� # Days Late Issues/Claims/4..dj.Q.Q Litigation: tk,ork r Art -,16-1-4"42-f" drAu- --t) 4::52.1----1r,r E .-Q 't,1 -4 -- Project Information Project Name s -i- wie 1.111.u, 1p,A riKrQit,A4 Y . 2 av-t r i'_cir-Ku, �escri tion p rA' `� `G � �S S j ` fl N^.� �� ore, '3t -c....) Reference Contact Information ,e. . .. ...........-. �, _�..e-, �.a Project Owner TAo! Lori -6 D.Q Name/Titlef-I, i e,LI-J7 Telephone Ernail Project Designer r (1 r cl�/ag 11 Prniert Rudeet and P rforrhance Original Contract Price -d ?/ s7-5 Final Contract Price -' 11% �,5 Q° # Contract Days r WJ # Days Late Issues/Claims/ Litigation: •,0o114iLCs 76 bAY Protect Information Project Name 1 I �`� L V �� �s'�/) Description � � C N t>b ,% �, t , Zn 9'I !�.'�"Clt�'�- Reference Contact Information Project Owner rb 'r4-'[ L c p Name/Title C's-(. (Z j-.L%e Telephone 7 Email Project Designer 1?.--,0/a,-gid 1 CA 0 2, ,4/...--1,(70r Project Budget and Perfonance Original Contract Price ip , 31/,01 c. Final Contract Price 556, CZ 2- # Contract Days / # Days Late 0 Issues/Claims/ Litigation: Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-8 Rev 06-22-2016 Table 3 - Projects Awarded during the Last 5 Years Organization doing business as: 4J SCC_ Project Information Project Name ,--53 A.res 6 �r Description ( Te- 46 ` c ,IiN-yi Reference Contact Information Project Owner , .y�.7 0)ligt„ 1,- Name/Title 5,, Telephone Email Project Designer 441,27T p ifa)N A - Project Budget and Performance Originalrf Contract Pri /Z 1( 103 8� Final Contract J Price -4q8� 70 3, # Contract Days I -` # Days Late Issues/Claims/ Litigation: Project Information Project Name �� e Sz4 s Description 17 et 'i" V F\'0b ,�-c -r ) Reference Contact Information Project Owner --1-4,V(3-1- T41-Name/Title Name/Title COArr- 4 Telephone q 'j,40Z-(,jamEmail Project Designer yh,., id (j ,%fC /A Prniert Budget and Performance Original! Contract Price 5-3? �¢02......( Final Contract Price # Contract Days /60# t Days Late Issues/Claims/I,AcT Litigation: Z `da8", ka 146V5"l',1iMi2s1- "17 Co, .,rv,* U-a`V2, iSSUe,s =�0.-'� U' r . Project Information Project Name `-j4.4 a 60%33 —S Description L'4�"c7..Qnr-�- �1ASLt Cl \ -rf 4ic.c, .7. C,n-gol • h�%c---a Reference Contact Information Project Owner -1-4, Name/Title ,l,P�,a_ G Kr Telephone 7oZ., Sptoo Email Project Designer , -a r, -'1 (� ,,® Project Budget and Performance Original Contract Price / 961/ / . ° Final Contract < �, Price 1" � ' 1�" # Contract Days z' -A `' # Days Late Ld Issues/Claims/ Litigation: Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-7 Rev 06-22-2016 �•ll`�A x Ya..,.�.1Q _ r a i� Pi.�i •.l.�J1►�� ♦� '- a .. :.. i �``,♦ 1�O_SAiP��� �••d•_ZaR..• ♦� ♦ • e 1 r 1, moo. Q 4. �J �• g 9J��'��i �.o QIP il✓� 116 aW„ .� n. s 6' �-jll r11 1 Ir� 14 i 1��l j _ �' �i. r"z.'F__&��E 4� 1 � .. r 1 1 1 1 _ YP' r! a rr 1 ``1111 "`I stkgrillt1 oftit Traffic Signal Program Nelson Dario Arguijo is liere6' cert./lied-as a Traffic Signal Field Technician Level II 012 12/30/2015 Valid Thru 12/30/2018 Douglas M. Aiken - Deputy Executive Director �`t��►�r.♦A'i�'"� .Z►�:� w3aA rte" r 9,� �J �A t +^ �" eltentw V 1wL `1:' moo, \ f *`'TZFt�� b,e*, %AP . "MSS Traffic Signal Program Javier Zapata is hereby certifiearas a Traffic Signal Field Technician Level II on 12/30/2015 Valid Thru 12/30/2018 Douglas M. Aiken - Deputy Executive Director �i, 1 1 ir4FE' 1!►'+meq „` 1t- ►'47�F 11 S I,' ►, n ._ ,� v4 �� �' • ♦ '" �4.'♦`ri'iti'01Ri4�PS�. 9' 1 ' ,�.-•‘-"r; ♦� �..::.:Lb'.yl'I�g+�i�Ii�,.Ji.;%1'1'1'1'1'1'1'���:J.:e•••.�•.1�1' �1�ry�..'oxi 4W1W..) 40WOV�•1'� ��� •t�ttACOM'�J 4yRa �C��P`te •_ �i � ..rl„ -,q, � ���rr� � - ��rr1-_��Ii _ .. .Ii1i� ��,�. -���•11�Ir1,11i� _ :�1,1�111�.., _.Q.1�1�Ir1�1.1.. ._.Qi1r1111,1,ti....-. �,1\ ,.IILu.. \\\`\\1 ..�Ii� �l9lli�ii 44.-4 4-.: IIiii�i>, 1Qrj�jilj i l i i i�� - 1 i i i i 1�i 0 i i / 11 i 4Wlif/%. ''-;444)/ 1 '_...-.._ '---=--ji,�a s11.1,1,Liti�.t...i11,LIiss-,... 1,11,1,i�.:s, t I,LII_,Lkr :i:,.,;,, �..�/ rar' ��!: � ►rwl�ir'11�'/� .rr I/�hllf'IIIIII�IIIII����j ` ru.,1II1..11�r •i \`1A\. Traffic Signal Renewal Program Marco A. Lopez is Hereby certifiedas a Traffic Signal Field Technician Level II 011 1/12/2016 Valid Thru 1/12/2019 r /ice Douglas M. Aiken - Deputy Executive Director �r{ „1" _ -- _ - ----_- _o /� I�MjIIP�iIIA� /IIIIIIIIIIIIIIIIIIII�II� / I�MIIII �III� , r �i ��, ��r4,1;>'4 il'1i --aii . ,T�l'a.a.i�Z� - :Litt . • • •.. �l:I:I.ti - NOW ilY:tt�' ". •D'i •- :ft: .- /i /// t�1,1,1�I^I�I�I�l�i��T^I!tiiijitill¢� III�Ii i ii�I1i i 1 i 1 d!it---t!I� 1 Itl�, dt: _t�S dl�; ,\\ -_----� ^ If�--_-__� Illi �.2�IILfii�'-�d1�1�t�Ut 1•�•I li ���. dWc v:a0IIu . _ 'v .:1!0011.0:44.� e�'4'1:1111tettis :iV'�'11/1ee o i'i'1'1�/11'tree4 ii'1OA `1ii s x.:6"'11 tt '..:..iXt Illl:.�i % r r . - r uur•.... "..•uu•• uur•u.......uuru........urr•... �e� ..uru•..�e...6.,�i11MlII1bv4S� .....a: City of Corpus Christ Traffic Signals And Lighting Improvements Bond 2014 Task Order No.. Project #: E1516• Statement of Experienc: SIEMENS Helping Our Communities Become Vibrant, Growing & Green Proposed to: City of Corpus Christi Maldonado -Burkett ITS, LLP Project: Traffic Signals And Lighting Improvements Bond 2014 Task Order No.2, Project #: E15165 Proposed By: Siemens Industry Inc Contract Contact: Michelle Flynn Service Project Manager 16560 Air Center Blvd Houston, TX 77032 1 (978) 735 3183 Michelle.flynn@siemens.com SIEMENS February 2, 2016 Miranda Rodriguez Administrative Technician 3833 South Staples St. Suite N214 Corpus Christi, TX 78411 Intelligent Traffic Systems RE: TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 Dear Miranda Rodriguez, Siemens Industry Inc. is pleased to submit the attached Statement of Expereince and IMSA Certification information in regards to TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165. Siemens has a long history of service, maintenance, and experience providing streetlight repair and maintenance services for its customers throughout the United States. For more than 165 years, Siemens has been a powerhouse of technology and innovation. Siemens is uniquely qualified to achieve the goals and targets that have been established by the City of Corpus Christi for this project. There are numerous advantages to having Siemens as a partner. Among the most beneficial: • Our ability to complete this entire project with in-house management. We will not have to rely on consultants, or sourced project management. This will improve communication, streamline work, and eliminate unnecessary costs and delays • Siemens is able to partner with the best manufacturers subcontractors and provide leading technologies that will deliver a product that exceeds the expectations of the city. • Local field offices, which means local resources, multible crews and high end talent committed to achieving a cohesive and partnered success for economic vitality and community care. The contact person for this project will be Michelle Flynn. Her contact information is as follows: Michelle Flynn, Service Account Manager 16560 Air Center Blvd Houston, TX 77032 1 (978) 430-3086 Michelle.flynn@siemens.com Respectfully, William Tucker Operations Manager, SE Siemens Industry, Inc. Intelligent Traffic Systems William. tucker] r@siemens .com Siemens Industry, Inc., Intelligent Traffic Systems 9225 Bee Cave Rd, Building B, Ste 101 Austin, Texas 78733 A Siemens Industry Business, Mobility and Logistics Division Tel.: 512.837.8300 Fax: 512.837.0196 www.usa.siemens.com/mobility Page 1 of 1 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 TABLE OF CONTENTS CITY OF CORPUS CHRISTI TABLE 1: ORGANIZATION INFORMATION 2 TABLE 2: PROJECT INFORMATION 3 TABLE 3: PROJECTS AWARDED DURING THE LAST 5 YEARS 4 TABLE 4: SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDERS SAFETY EXPERIENCE.TABLE 5: DEMONSTRATED MINORITY, MBE, DBE PARTICIPATION 6 TABLE 5: DEMONSTRATED MINORITY, MBE, DBE PARTICIPATION 7 ARTICLE 5: CERTIFICATION 8 EXHIBIT A: EMR DATA 9 EXHIBIT B: OSHA LOGS 10 EXHIBIT C: RESUMES 16 EXHIBIT D: IMSA CERTIFICATIONS 23 METHOD OF PROVIDING SERVICES 40 INTERNAL PROJECT RISK MANAGEMENT AND PERFORMANCE MONITORING 41 PERFORMANCE MEASUREMENT 41 CHANGES 43 QUALITY CONTROL 43 SAFETY AND TRAINING 44 1 Table 1— Organization Information Organization doing business as: SIEMENS INDUSTRY INC, ITS Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 Traffic Signal and Street Lighting Improvements- (IDIQ)- REBID Project No.E15126 2016- IN PROGRESS 2 Signal Improvements and Street Lighting - Ocean Drive and Robert Drive (Bond 2012)-E12105 2016 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. PLEASE SEE EXHIBIT A Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SII performs tens of thousands of projects annually through over one hundred offices. As such SII has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects.** Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SII performs tens of thousands of projects annually through over one hundred offices. As such SII has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SII performs tens of thousands of projects annually through over one hundred offices. As such SII has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SH performs tens of thousands of projects annually through over one hundred offices. As such SI' has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SH performs tens of thousands of projects annually through over one hundred offices. As such SIT has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-5 Rev 06-22-2016 Table 2 — Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager MICHELLE FLYNN WILLIAM TUCKER Superintendent JOSE RUIZ ANSELMO JIMENEZ Safety Manager ANSELMO JIMINEZ N/A Quality Control Manager WILLIAM TUCKER *PLEASE SEE EXHIBIT B FOR RESUMES Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price NO SUBCONTRACTOR IS IDENTIFIED AT THIS TIME AS RECEIVING 1O% OR MORE OF WORK ON CONTRACT. Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor "/A Year EMR Year EMR Year EMR Subcontractor N/A Year EMR Year EMR Year EMR Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order Nlo.2, Project #: E15165 004516-6 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: SIEMENS INDUSTRY INC Project Information Project Name WOODALL TUNNEL SLM Description STREETLIGHT AND TUNNAL LIGHT MAINTENANCE Reference Contact Information Project Owner CITY OF DALLAS Name/Title DAVID NIEMANN/ SR PEROJECT MANAGER Telephone 214-583-6556 Email david.niemann@jacobs.com Project Designer NIA Project Budget and Performance Original Contract Price $798,303.33 Final Contract Price $798,303.33 # Contract Days 365 # Days Late IN PRO Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name City Wide, Traffic Signal Modification andCAMERA Upgrades, 2012 Bond: IFB 6100CLMC589 Description DETECTION, TRAFFIC SIGNAL AND BIKE SIGNAL INSTALLATIONS AND MODIFICATIONS Reference Contact Information Project Owner CITY OF AUSTIN Name/Title RENEE ORR, CITY TRAFFIC PROJECT MANAGER Telephone 512.974.5607 Email renee,orr@austintexas.gov Project Designer NIA Project Budget and Performance Original Contract Price $297,679.00 Final Contract Price $281,362.20 # Contract Days 90 # Days Late 0 Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name CITY OF SANDY SPRINGS TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner CITY OF SANDY SPRINGS Name/Title BRAD EDWARDS, DIRECTOR OF TRANSPORTATION Telephone 770-206-2534 Email BEdwards@sandyspringsga.gov Project Designer NIA Project Budget and Performance Original Contract Price $566,500.00 Final Contract Price IN PROGRESS # Contract Days >365 # Days Late IN PRC Issues/Claims/ Litigation: NONE AT THIS TIME Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 GRESS GRESS 004516-7 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: SIEMENS INDUSTRY INC Project Information Project Name TXDOT HARRIS TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner TXDOT Name/Title SANDRA ASBERRY, TRAFFIC SYSTEMS SPECIALIST. Telephone 713-866-7106 Email Sandra.asberry@txdot.gov Project Designer N/A Project Budget and Performance Original Contract Price $1,129,165.00 Final Contract Price IN PROGRESS # Contract Days >730 # Days Late INPROGR Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name HARRIS COUNTY TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner HARRIS COUNTY, TX Name/Title RICK GOODMAN, MANAGER TSM Telephone 713-274-3869 Email Rick.Goodman@hcpid.org Project Designer N/A Project Budget and Performance Original Contract Price $1,096,889.60 Final Contract Price IN PROGRESS # Contract Days >1095 # Days Late INPROGR] Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name DUNCANVILLE TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner CITY OF DUNCANVILLE, TX Name/Title Brunswick O. Morton, Purchasing Manager Telephone 972-780-5058 Email bmorton@ci.duncanville.tx.us Project Designer n/a Project Budget and Performance Original Contract Price >131,091.70. Final Contract Price $131,091.70. # Contract Days 365+ # Days Late In progress Issues/Claims/ Litigation: NONE AT THIS TIME *The listings here are the top projects awarded in the last five years to the Siemens Industry Inc, ITS Houston office. Siemens Industry Inc as a whole, as well as our ITS divisions performs tens of thousands of projects annually through over one hundred offices and we do not have a singular depository for this information. Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-8 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: SIEMENS INDUSTRY INC, ITS Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO CITATIONS Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO CITATIONS Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. NO The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? Yes ❑ No 3 Does the Bidder have an active construction safety training program? N Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No X N/A B. Excavation X Yes ❑ No ❑ N/A C. Cranes & Hoists X Yes ❑ No ❑ N/A D. Electrical X Yes ❑ No ❑ N/A Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16 - 10 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: SIEMENS INDUSTRY INC, ITS E. Fall Protection X Yes ❑ No ❑ N/A F. Confined Spaces X Yes ❑ No ❑ N/A G. Material Handling x Yes ❑ No ❑ N/A H. Demolition rx Yes ❑ No ❑ N/A I. Steel Erection x Yes ❑ No ❑ N/A J. Underground Construction N Yes ❑ No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. ❑ Yes Is No 6 Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. Yes ❑ No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ❑ Yes XNo Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16-11 Rev 06-22-2016 Table 5 — Demonstrated Minority, MBE, DBE Participation Organization doing business as SIEMENS INDUSTRY INC, ITS Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price M&M STRIPING AND POWER WASHING CONCRETE AND STRIPING 5% *ADDITIONAL DBE/MBE SUBCONTRACTORS HAVE NOT BEEN IDENTIFIED FOR THIS CONTRACT AT THIS TIME. HOWEVER, SIEMENS INDUSTRY INC IS COMMITTED TO SUPPORTING ALL FEDERAL AND LOCAL MBE/DBE GOALS AND EFFORTS FOR THIS PROJI AND WILL CONTINUE TO WORK TOWARDS THE STATED GOALS Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16 - 12 Rev 06-22-2016 ARTICLE 5 — CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: SIEMENS INDUSTRY INC, ITS Name: MARCUS WELZ Title: (typed or prir'e 1 (individual's signatu ‘4/ RAJARSHI GHOSH CEO (typed or printed) CFO (typed or printed) Designated Representative: Name: Title: Address: MICHELLE FLYNN SERVICE PROJECT MANAGER 16560 AIR CENTER BLVD, HOUSTON, TX 77032 Telephone No.: 978 735 3183 Email: MICHELLE.FLYNN@SIEMENS.COM END OF SECTION Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16 - 13 Rev 06-22-2016 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT A: EMR DATA CITY OF CORPUS CHRISTI 9 1100 MARSH October 1, 2015 Melissa Cavallo Faison Assistant Vice President Marsh USA Inc. 1051 East Cary Street, 9'h Floor Richmond, VA 23219 1255 23`d Street NW, 4th Floor Washington, DC 20037 202 263 7875 melissa.cavallo@marsh.com www.marsh.com Subject: Siemens Corporation, including Siemens Industry, Inc. Building Technologies Historical Experience Modification Rates To Whom It May Concern: As broker for Siemens Corporation including Siemens Industry, Inc. Building Technologies, we wish to confirm they are covered for Workers' Compensation through Liberty Insurance Corporation and LM Insurance Corporation for the policy years October 1, 2009 - 2010 to October 1, 2012 — 2013 and through The Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America and The Travelers Indemnity Company for the policy years October 1, 2013 — 2014 to October 1, 2015 - 2016. The following represents historical experience modification rates that have been provided by the NCCI and confirmed to Marsh through Liberty and Travelers. State 10/1/11-12 10/1/12-13 10/1/13-14 10/1/14-15 10/1/15-16 California .80 .84 .84 .74 .68 Interstate .60 .60 .58 .57 .51 Delaware .614 .688 .401 .385 .649 Pennsylvania .676 .681 .681 .684 .684 Michigan .49 .68 .65 .69 .48 New Jersey .557 .338 .338 .312 .312 Should there be anything else you should need, please do not hesitate to call. Sincerely, Melissa Cavallo Faison Casualty Advisory Representative MARSH & McLEN NAN COMPANIES SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT B: OSHA LOGS Location Name Fiscal Year ROR LTIR TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC 2012 0 0 2013 0 0 2014 3.39 0 2015 4.93 0 2016 7.86 0 CITY OF CORPUS CHRISTI 10 OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2012 it:**. U.S. Department of Labor Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page, even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've added the entries from every page of the log. If you had no cases write "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 0 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 0 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 0 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this cdlection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 40 Total hours worked by all employees last year 24594 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2013 it:**. U.S. Department of Labor Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page, even if no injures or illnesses occurred during the year. Rememberto review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then mite the totals below, making sure you've added the entries from every page of the log. If you had no cases mite "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 0 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 0 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 0 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this colection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects ofthis data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 173 Total hours worked by all employees last year 58672 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2014 it:**. U.S. Department of Labor Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page, even if no injures or illnesses occurred during the year. Rememberto review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then mite the totals below, making sure you've added the entries from every page of the log. If you had no cases mite "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 1 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 33 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 1 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this colection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects ofthis data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 173 Total hours worked by all employees last year 59062 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2015 it:**. U.S. Department of Labor Occupational Safety and Health Administration AH establishments covered by Part 1904 must complete this Summary page, even if no injures or illnesses occurred during the year. Rememberto review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then mite the totals below, making sure you've added the entries from every page of the log. If you had no cases mite "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 0 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 0 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 0 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this colection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects ofthis data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 173 Total hours worked by all employees last year 34361 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date zev. 01/2004) rk-Related Injuries and Illnesses s s must complete this Summary page, even if no injuries or illnesses 'eview the Log to verify that the entries are complete and accurate s you made for each category. Then write the totals below, making page of the log. If you had no cases write "0." representatives have the right to review the OSHA Form 300 in its the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in 'etails on the access provisions for these forms. er of Total number of cases Total number of days with job transfer or other recordable Nark restriction cases 1 0 (1) (J) Total number of days of job transfer or restriction 69 (L) (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 ebruary 1 to April 30 of the year following the year covered by the form of information is estimated to average 50 minutes per response, )arch and gather the data needed, and complete and review the t required to respond to the collection of information unless it display: you have any comments about these estimates or any aspects of thi: of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution t send the completed forms to this office. occu Establishment information Your establishment name Siemens RIT Street 16560 Air Center Blvd City Houston State TX Industry description (e.g., Manufacture of motor truck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 17 Total hours worked by all employees last year 262 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my kno true, accurate, and complete. Company executive Phone SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT C: RESUMES CITY OF CORPUS CHRISTI 16 SIEMENS William (Bill) Tucker, Southeast Operations Manager Experience Summary Mr. Tucker is a dynamic leader who increases team engagement and customer satisfaction in each project he is involved with. He is accomplished in building and motivating high performance teams, managing conflict, increasing efficiency and strengthening customer loyalty. Bill is experienced in scheduling, directing projects and staff in fast-pased, results oriented environments. He has a proven track record of completing projects on time and in budget, monitoring processes for ongoing improvement. Experience • Operations Manager, Siemens Industry, ITS, 5/2015 to present • Operations Manager, Grainger Lighting, 6/2012 to 2/2015 • Senior Project Manager, GLS/Alliance Energy, 8/2010 to 6/2012 • Senior Project Manager, ENERGYLITE, 9/2007 to 8/2010 • Regional Account Manager, MRT Lighting, 10/2006 to 9/2007 • Senior Project Manager, Harris Manufacturing, 6/2000 to 10/2006 Project Experience Current Operations Manager for the following: • Sandy Springs, GA Traffic Signal Maintenance Contract • Harris County Traffic Signal Maintenance Contract • City of Dallas, Woodall Rogers Tunnel • Johns Creek TSM • City of Allen SLM • N. Richland Hills SLM 9225 Bee Cave Rd, Building B, Ste 101 Austin, Texas 78733 Michelle Flynn SUMMARY Highly motivated, results oriented project professional with extensive experience in organizational and detailed roles in fast paced, muti-tasking environments. Experienced in adapting to new and unfamiliar industries, roles and applications while applying best practices of the business, PMO and PM@Siemens processes. Accomplished in identifying, analyzing and resolving various obstacles to company and project objectives. Effective communicator with all levels of management and non- management positions. AREAS OF KNOWLEDGE Distribution Management Quality Assurance Inventory Control Processes Microsoft Excel; Word, Access, Project; PP Conflict Resolution Project Portfolio Management PM@Siemens Siemens PEP Process knowledge Bid and Proposal Management PROFESSIONAL EXPERIENCE Siemens Industry, Inc. ITS, Austin, TX Service Account Manager Process Improvement Vendor and Staff Relations Transportation and Materials Handling Contract Review SAP Knowledge Certified Payroll/Prevailing wage Small Job Quoting Estimating Current • Responsible for contract management, customer retention, execution and project management for service contracts for the Southeast Region. Siemens Industry, Inc. ITS, Austin, TX April 2015- February 2016 Bid and Proposal Manager, Classic Services • Performed low bid opportunity sales process management including searching for opportunities and leading opportunities through the Siemens sales process. • Performed opportunity assessments to validate opportunity alignment with business goals, and review of resource requirements, contract and federal requirements and business risk. • Bid and Proposal Team Management • Opportunity estimating including small LED retrofits and Traffic and Streetlight Maintenance both large and small. • FY15 hit rate of 46% Siemens Industry, Inc. ITS, Austin, TX May 2014- April 2015 PMO/R&D Project Coordinator • Assisted PMO and R&D Project Managers with PM@Siemens and PEP Milestone and gating documentation and processes. • Assisted with the day to day documentation and operations needs of Project Management team as needed. • Assisted with project contract review upon initiation to assess material, timing and resource availability for project completion. • Performed review and submission of Certified Payroll for union and prevailing wage projects. • Assisted with the PMO documentation process and implementation of project portfolio management guidelines. • Performed review and clean up of TXDOT documentation requirements on legacy projects allowing back payments of >300k to be paid to Siemens CASS Information Systems, Lowell, MA March 2012 — May 2014 Client Materials/Logistics Coordinator • Key contributor of transportation team to coordinate with client freight manager, plant locations, and carriers to resolve interruptions to processing and exceptions. • Created daily, weekly and monthly financial and processing reports for trending and analysis by self, team and management. • Collaborated with transportation team to create an efficient and effective process change to bring the open accounts receivable volume to a manageable state. • Reduced freight exceptions by more than 50% • Provided data entry and data entry system updates as needed. • Provided quick and accurate results on all special projects. Circles Inc, Chelmsford, MA May 2008 — October 2011 Resolution Specialist • Worked in a small specialized team focused on client escalation resolution, client satisfaction and retention. • Analyzed and investigated client claims, applying risk/reward principles to provide solutions that best reflected company principles and business goals while securing the highest level of client retention. • Reviewed and provided feedback on individual performance of company representatives to management to improve performance and reduce company risk exposure. EDUCATION BS Business Studies/ Operations and Project Management Southern New Hampshire University Manchester, NH GPA: 3.1 Anticipated graduation date, 7/2016 ANSELMO JIMENEZ JR. EXPERIENCE SUMMARY Mr. Jimenez is a Traffic and lighting signal professional with experience in field management, supply management and safety compliance. He has worked extensively on projects throughout the great state of Texas and continues to dedicate himself to providing clients with the highest level of technical services, customer service and execution expertise. EMPLOYMENT HISTORY Siemens Industry, Inc 2013 -Present Senior Field Supervisor II Responsible for daily operations for all construction and maintenance related activities within Texas region, managing multiple projects simultaneously. Perform weekly/biweekly safety topic meetings. Plan and scheduling of all related work activities. Responsible for verification that all work is completed within allocated budget and time. Effectively communicate with management on regular basis for updates on project as needed. Determine project resource/material requirements & documentation. Regularly review procurement process so that projects continue without delays. Make sure to visit customers on regular basis to keep them informed on project status and to respond to any concerns. Durable Specialties Inc. 02/07/2011 - 08/01/2013 Foreman • Crew leader • Safety leader • Material and hour tracking CERTIFICATIONS Licensed Journeyman Electrician (Texas # 240984 ) I MSA Work Zone IMSA Traffic Signal Technician I IMSA Traffic Signal Technician II Texas Commercial Drivers License (Class A, Doubles, Triples, Tanker Endorsement) SKILLS & QUALIFICATIONS 8 years with hands on experience in the signal field. This includes construction of new traffic signal and upgrades to signals. Some of the responsibilities were to white line new signal, drill and pour foundations, tie in pull boxes, set service signal poles, coordinate turn on dates upon completion, terminate signal cabinets and poles, radar install and alignment, final inspections and trouble shooting in order to turn over signal to clients. In the illumination field, new construction installs and troubleshooting outages. 4 years with Journeymen electrician license. Maintain license up to date with continuing education. TTS 450 Certificate. EDUCATION High School Diploma 2007 Graduate Skyline High School 7777 Forney Rd. Dallas, TX. 75203 LANGUAGES English & Spanish (Written / spoken) REFERENCES Richard Dickenson, Harris County Manager. (281) 723-8821 Matthew Gerlach Regional Manager (817) 751-4945 Rey Ruiz, Service Account Manager (281) 900-8096 Others upon request, I would need to go obtain phone numbers. JOSE ANTONIO RUIZ SUMMARY Mr. Ruiz has over 5 years experience in traffic signal industry, with additional experience in the construction industry. He has experience in aspects of traffic signal maintenance, repair and construction as well a leader in the field. AREAS OF KNOWLEDGE Material Management Skilled Communicator Leadership Customer Relations Expert Schedule Adherence Construction Safety Fluent in Spanish, English, Italian Strong interpersonal skills Project Scheduling PROFESSIONAL EXPERIENCE Siemens Industry, Inc. ITS, Austin, TX Traffic Signal Technician Level III / Crew Leader 2011 -Current • Took a lead role in various projects pertaining to construction and/or maintenance of traffic signal or street lighting equipment. • Backbone to any projects involving underground maintenance or construction involving trenching or concrete. • Consistently assumed additional responsibilities and worked extended hours to meet project deadlines. Gaellry Concrete Construction - Porter, Texas 2006 - 2011 Crew Leader/ Rebar Foreman • Consulted with project managers to stay in accordance with scheduling and deadlines. • Directed personnel to adequate production goals to complete deadlines in various concrete applications. • Planned ahead to meet needed levels of materials and manpower for required work to be done. EDUCATION High School Diploma: James Madison High School Graduated Cum Laude Coursework in Algebra, Geometry, Chemistry and Technology Captain of Varsity Baseball team 4 years. CERTIFICATIONS • Traffic Signal Technician Level III, IMSA ; October 2015 • Signs and Markings I & II, IMSA; October 2014 • Excavation Safety and Competent Person, NUCA; 08/09/2012 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT D: IMSA CERTIFICATIONS CITY OF CORPUS CHRISTI 23 Anselmo Jimenez, Jr. is liierety certf "edeas a Roadway Lighting Technician Level I Douglas M. Aiken - Executive Director r n. �:p:t rL' ♦ i stiff trrn..: atrY' ds+rt �!.,I J,1.•I•�F`e1-'i'44'1rR1• illl�i-``rr.�.:�"1���� `Gti' .a'�10.0 G'"G7:"Ii.-.. yy• WOW' y1�1��'i1ePi Roadway Lighting Program Anselmo Jimenez, Jr. Is Hereby Certified as a Roadway Lighting Technician Level I By completing all requirements and examination. Cert # Date Good Thru RR_111799 1/25/2017 1/25/2020 Work Zone Temporary Traffic Program Anselmo Jimenez is /ierehy certtfiearas a Work Zone Temporary Traffic Control Technician CM 6/26/2015 Valid Thru 6/26/2018 Douglas M. Aiken - Deputy Executive Director Work Zone Temporary Traffic Program Anselmo Jimenez Is Hereby Certified as a Work Zone Temporary Traffic Control Technician By completing all requirements and examination. Cert # pate Good Thru ZZ 111799 6/26/2015 6/26/2018 Anselmo Jimenez is Merely certzfie as a Traffic Signal Technician Level Z Douglas M. Aiken - Deputy Executive Director It. '�!�{".."1""""'"1/1614}� -•-•1,•• lr i+•t�ss�[• •••"*" 0t�i�� '�•i rvi'►'�11!' 1.` 0! ..62,1Ji0)10114rai� �Iri' vv: '# 4 •-T . 4X060: .,ry Zei . ,,,ru,..;l i..f ,s � +\ �,�.�14,�6`'s�ii7G'��ii�:�:���#S.'t4�.�a�r�i�a�:r.S✓ .�' b�:�ialr:�i2`A`+I:�a►•i:�:�'.�s�ti'`.�A�.�a' iG�O`.dG*rr,'�•`��i�dll r �l� Traffic Signal Program Anselmo Jimenez Is Hereby Certified as a Traffic Signal Technician Level I By completing all requirements and examination. Cert # Dare Good Thru A4_111799 6/29/2015 6/29/2018 Anselmo Jimenez is /hereby certifzearas a Traffic Signal Field Technician Level II Valid Thru 7/15/2018 Z�•��f 7 Douglas M. Aiken - Deputy Executive Dr ectar �a'4 1 i 1 i11�a .e AINia* (if w<<;1Mi..e dm, 0444 4 lc.ny, �1 fY1z 4sij4 41a°aer 1 r 3��.Fi % IRr Ar ' rra w1iCAiAti1..A• )s'wy+.Ar►.Wr>00000;s . Xke�diecAlukAWOON:2sv0w,ga Y r1 - _,e Traffic Signal Program Anselmo Jimenez Is Hereby Certified as a Traffic Signal Field Technician Level II By completing all requirements and examination. Vert # Date Good Thru BE 111799 7/15/2015 7/15/2018 Anselmo Jimenez, Jr. as daere/y certfiied ras a Traffic Signal Level III Senior Field Technician Valid Thru 12/30/2018✓�_ _/�� Douglas M. Aiken - Deputy Executive Director Traffic Signal Program Anselmo Jimenez, Jr. Is Hereby Certified as a Traffic Signal Level III Senior Field Technician By completing all requirements and examination. Cert # Date Good Thru CE 111799 12/30/2015 12/30/2018 Fiber Optics Program Anselmo Jimenez, Jr. is /hereby certzfi'earas a Fiber Optics Technician Level I 072 4/8/2016 Valid Thru 4/8/2019 11. Aiken - Deputy Executive Director Fiber Optics Program Anselma Jimenez, Jr. Is Hereby Certified as a Fiber Optics Technician Leve! 1 By completing all requirements and examination. Cert # pa'LGood Thru FO 111799 4/8/2016 4/8/2019 lvij►vi,1; , ►" ,_.. a 1 i .t ' `Z_" =id4° ' tttii- I j it k' " j 1't��{ a • 1, f'" ' 1.. it r t a: LGA }4, �lr r� Anselmo Jimenez, Jr. rs ,hereby certi zetas a Fiber Optics Field Technician Level II Valid Thru 5/19/2019 Z` Douglas M. Aiken - Executive Director �{;{�Ii ={itti ti" i Isli"' �` 4 IftiP =;���Z�iif fO 'Zr�bbtr: t 1 ft I �t+�1 a• ii! t'-_ �1 1l* Fief llda� fie` {I 1 4;I��iyt'��1�e 4 +l p 4 4 I �'1 44!Y+"�r�° iHl�i 4 4 I Ili- �lll i"1T1 - r +r- S.Ws**••••••-• 4� ♦'9'i"�� v r lH Fiber Optics Program Anselmo Jimenez, Jr. Is Hereby Certified as a Fiber Optics Field Technician Level II By completing all requirements and examination. Cert # Date Good Thru FP 111799 5/19/2016 5/19/2019 CE 1 CAT][ 0 F C OM P L ETIO N Fiber Optics for Traffic, Fire Alarm, and Communication Systems Technician Level 1 This is to Certify that Anselmo Jimenez has completed two days of classroom training on fiber optic theory and components including: optical fiber types, cables, connectors, splices, cable and fiber management products, test equipment, and fiber optic safety. Disciplines include techniques and products used for the installation and testing of fiber optic links. LIGHT NINE Your Partner in PUBLIC SAFETY ee-1 MODERATOR CSI50804-1 August 20-21, 2015 COURSE NUMBER AND COMPLETION DATE CER I 1 I F ll CATE 0 F COM P L E T 1 O N Fiber Optics for Traffic, Fire Alarm, and Communication Systems Field Technician Level 11 This is to Certify that Anselmo Jimenez has successfully completed sixteen hours of hands-on training required for Field Technician Level II certification. The exercises consisted of fiber optic splicing, plus cable, patch panel and closure preparation. Testing and maintenance exercises included acceptance and span testing, measuring reflections and splice losses, connector inspection and cleaning, link loss and optical power measurements, and testing and troubleshooting a fiber optic CCTV link. LIGHT :-..:10111611DE Your Partner in PUBLIC SAFETY f/Ali;:lizece; MODERATOR CS150804-2 August 24-25, 2015 COURSE NUMBER AND COMPLETION DATE Jose A. Ruiz is /iere6y certi ied as a Traffic Signal Field Technician Level II Valid Thru 9/18/2018 Douglas N. Aiken - Deputy Executive Director Traffic Signal Program Jose A. Ruiz Is Hereby Certified as a t=: I : Traffic Signal Field Technician Level II By completing all requirements and examination. Cert #- Date BE 103582 9/18/2015 9/18/2018 Good Thru Rafael Hernandez is hereby cert_ learas a Traffic Signal Technician Level I Valid Thru 9/18/2018 Douglas H. Aiken - Deputy Executive Director — �I,L r_T=" nit�I� �I�rT=„ =ttL �ri�v= t=,tlhta�ss=�1,1�LI�rsti:=sg;• ,.t114.111 _�:;,� s•^" ,fV�x.'1� �DX•Xeci ..e2.4♦,i♦,iX9ri �i�i ireci:.a:..:::::a0:91X cto ...EOiC`:0- ��Q:daeOkiiiy ..Tee:? _ 4►Pv,r��l;n�45, Traffic Signal Program Rafael Hernandez Is Hereby Certified as a Traffic Signal Technician Level I By completing all requirements and examination. Cert # Date Good Thru AA_107381 9/18/2015 9/18/2018 • Jj Traffic Signal Renewal Program Marcos Avila is hereby certfflearas a Traffic Signal Senior Field Technician Level III on1/15/2016 Valid Thru 1/15/2019 1, • 1; 1/46/. , r ---$0 1 '22—.7 '11 Iflyff,Mf frrif c't VignattearWl. X0Y41. • u' .•• ...,... kke . k pil'1'['llr,- iiil' 1'I!1!lu ORM* r,..-,13rttifi;�u;oa [ltittakti ti Traffic Signal Renewal Program Marcos Avila rs /iere6y cern ied-as a Traffic Signal Bench Technician Level II on 1/15/2016 Valid Thru 1/15/2019` 7/as M. Aiken - Deputy Executrve Direr,,... I"' SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT E: COMPANY OVERVIEW CITY OF CORPUS CHRISTI Siemens currently specializes in the maintenance, testing, repair, and replacement of traffic signals, streetlights, and exterior commercial lighting. We also provide a full range of software for local and central systems. Siemens is proud to say that many of the solutions that Siemens offers in the traffic control industry are currently deployed throughout the State of Texas. The Siemens ITS division has a broad range of expertise and experienced personnel including: registered professional transportation engineers, Journeymen Electricians and Intemational Municipal Signal Association (IMSA) Certified Traffic Signal Technicians. The individuals assigned to this project have many years of experience managing and maintaining traffic signals systems, fiber networks, light rail, and central systems. Siemens provides an unparalleled level of knowledge in Traffic Signal Systems. Siemens traffic signal laboratories provide a full range of technical services including complete controller/cabinet testing, controller repair, and conflict monitor/CMU testing and certification. With offices and maintenance yards across the United States, we currently provide service to more than 300 public agencies. In sum, Siemens has exceptional experience, well-positioned infrastructure, strategic business -to -business relationships, and unparalleled expertise. These qualifications strongly support our ability to safely, efficiently, and cost-effectively provide complete transportation infrastructure installation and maintenance services. METHOD OF PROVIDING SERVICES At the onset of the contract, the Siemens ITS Team will meet with the contract stakeholders, including, but not limited to, the PM, project team, and the City. The purpose of this kickoff meeting is to review the maintenance scope, schedule, objectives, roles and responsibilities, project reporting requirements, and project communication requirements to ensure we meet your expectations. This will include a discussion of what information should be communicated to each agency, to whom, how often, and by what methods. In addition, the role and responsibility of each agency will be discussed and documented. 40 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI INTERNAL PROJECT RISK MANAGEMENT AND PERFORMANCE MONITORING In general any assumptions that are being made on the contract by us or the client are converted into some level of risk that is analyzed on each project during the estimation process by the assigned PM and SMEs (Subject Matter Experts). We first look at similar past projects and historical archives in order to review successes, weaker areas and areas that needed improvement. We then identify, qualify, and quantify all known risks in order to develop an appropriate mitigation plan. The mitigation plan includes the risk value before and after the measure and/or action is taken, along with probability percentages. This information is tracked and reviewed on a weekly basis along with the project plan updates. To ensure that all Siemens ITS projects are implemented within compliance of our PM@Siemens ITS process, the PMO, along with his financial counterpart, completes a weekly project summary review with the assigned PM. Additionally we have a monthly project status update meeting involving our executive level management. Siemens ITS Industry ITS uses a two step processes for performance measurement for our service contracts. The first process is using our above described Spiridon for daily and weekly tracking of scheduled work. In addition, Siemens ITS performs weekly meetings with each client to review all current work, future work orders and any high priority projects in the works. For any projects to be executed of high complexity or longer than 4 weeks, a service tailored version of the PM@ Siemens ITS process is used which includes metrics of the EVMS (Earned Value Management System) in order to ensure that all project requirements with regard to budget, time, scope, and quality are meeting met. Below is a sample of the EVMS metrics that is utilized for these projects: MS Project Calculations Explained Planned Value (PV) - PV is the budgeted cost for the work scheduled to be completed on an activity or WBS (Work Breakdown Structure) component. 41 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI Earned Value (EV) - EV is the budgeted amount for the work actually completed on the scheduled activity or WBS component. Actual Cost (AC) - AC is the total cost incurred in accomplishing work on the schedule activity or WBS component. The AC must correspond in definition and coverage to whatever was budgeted for the PV and the EV (e.g., direct hours only, direct costs only, or all costs including indirect costs). Cost Variance (CV) - CV equals earned value (EV) minus actual cost (AC). The cost variance at the end of the project will be the difference between the budget at completion (BAC) and the actual amount spent. Formula: CV= EV—AC Schedule Variance (SV) - SV equals earned value (EV) minus planned value (PV). The schedule variance will ultimately equal zero when the project is completed because all of the planned values will have been earned. Formula: SV = EV - PV Cost Performance Index (CPI) - The two values CV and SV are converted into efficiency indicators in order to reflect cost and schedule performance of all Siemens ITS projects. A CPI value less than 1.0 indicates a cost overrun of the estimates. A CPI value greater than 1.0 indicates a cost underrun of the estimates. CPI equals the ratio of the EV to the AC. Formula: CPI = EV/AC Schedule Performance Index (SPI) - The SPI is used, in addition to the schedule status to predict the completion date and will be used in conjunction with the CPI to forecast the project completion estimates. A SPI value less than 1.0 indicates being behind schedule based on the estimates. A SPI value greater than 1.0 indicates being ahead of schedule based on the estimates. SPI equals the ratio of the EV to the PV. Formula: SPI = EV/PV 42 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI Explanation of Values and how they are being Utilized - The two values CV and SV are converted into efficiency indicators in order to reflect cost and schedule performance of all Siemens ITS projects. The PV, EV, and AC values are used in combination to provide performance measures of whether or not work is being accomplished as planned at any given point in time. The amount of variance of the CV and the SV values tend to decrease as the project reaches completion due to the compensating effect of the more work being accomplished. Predetermined acceptable variance values that decrease over time as the project progresses towards completion still need to be established as part of our cost management plan. This will be determined as additional data is collected. Our goal at Siemens ITS is to provide the City with solutions that will best meet their needs. Siemens ITS views any item and/or task that is not part of the original scope of the project as a possible change and works to make sure that its identified be reviewed. We begin our process with a site survey/contract review to ensure that we fully understand the limitations and processes currently in place. The site survey/contract review report will identify any proposed area of opportunity or needed change. Recommendations will then be made for our client's consideration. Our Project Manager will work with the City employee to determine if they concur with the change and a formal change order request is then submitted by the assigned PM to the client for their approval. Once approved, only then can the contract value and the schedule and scope be altered to include the proposed tasks within the change order and the change implemented. QUALITY CONTROL Siemens' internal quality and cost control practices are firmly rooted in the systems engineering process. For each project (depending on size and scope), we employ a formal or informal Quality and Cost Control Plan (QCCP) procedure. The QCCP procedure places specific emphasis on the quality of the products to be provided to the client. The quality portion of the plan consists of two parts: quality assurance and quality control. The Quality Assurance element ensures that the day-to-day accomplishments of the project are completed in an efficient, professional manner; the most appropriate staff members are assigned to each individual work 43 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI item and are working within their skill levels; and a peer review process is in place to ensure that the best approach to specific problems is being undertaken. The Quality Control element formalizes and specifies in detail the checking and review process for each deliverable prior to its final production. Typically included in this process are records management, documentation control, and corrective action procedures (if required). Formal QC on the maintenance project applies primarily to written deliverables. SAFETY AND TRAINING Siemens administers a comprehensive company -wide safety program to ensure that safety on all job sites is the top priority. Our employees are required to read and understand "Safety Rules for the Outside Electrical Industry" by the National Electrical Certified Association (NECA). We have a zero tolerance policy on all safety violations and will provide copies of any safety history documentation upon request. Siemens' employees are trained using a variety of resources and methods. The IBEW provides professional competence and safety training to our field staff. Our employees are trained in basic safety including proper lifting techniques. They have weekly tailgate meetings that address items such as electrical safety and current industry safety practices. Siemens is a proponent of formal training as well. Our electricians and technicians are also IMSA and IBEW trained. Prior to being sent out to work on their own, each technician spends time with a number of senior staff members to leam the procedures and protocols we follow and must pass a series of tests before the area superintendents permit them to work independently. 44 DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT KEVIN RIDDETT AND VICE PRESIDENT FINANCE & BUSINESS ADMINISTRATION MATTHIAS SCHLELEIN Mobility Management Urban Transport / Mainline Transport Intelligent Traffic Systems Rail Electrification Customer Services SIEMENS INDUSTRY, INC. — MOBILITY DIVISION A. The undersigned Kevin Riddett, President and Matthias Schlelein, Vice President, Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as President and Vice President Finance & Business Administration to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position (Name/Position) John Paljug VP — MM Marsha Smith Senior Director, FBA — MM Michael Cahill, VP — UT & MLT Christopher Halleus, FBA — UT & MLT Robin Stimson VP, UT & MLT MK&S Michael Tyler Senior Director, FBA -- CS Chris Maynard VP -- CS Madeline Rodriguez Director, LM Steffen Goeller VP — TPE Miriam Scheer FBA — TPE Dave Ward VP — LM James Thornton Head of Procurement, MO Marcus Welz VP — ITS Rajarshi Ghosh ITS BA B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Name/Position) Douglas Dreisbach Director of Projects, MM Finance/Central Support Function Name/Position Catherine Wilson Manager, FBA — MM Jack Wilson Sales, MM Valerie Conway Senior Director, SCM UT & MLT Steve Gitkin Sates Director - ITS Jessica Shaiegan Director, Procurement — MM David Gutierrez Director, UT Thomas Wiechert Director, LR Luis Tondi Resta Director, Products, MM Stefan Fischer Finance Manager, MM C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is Limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Tony Ritter Director, CS Nikki Bassi Director, UT Reiner Martin Director, CS Cathie Steele Segment Controller, CS UT Omid Akbarzadeh-Paydar Director, BG Kim Swain Segment Controller, MC Mark Bennett VP, Operations UT & MLT Kelly Storin Segment Controller, BG Raymond Ginnel[ General Project Manager LM & MC Carrie Hernandez Manager, SPR Armin Kick Director, HI Michelle Picard Director, UT & MLT Andreas Achhammer Manager, TPE Mirko Giese Director, HI BA Florian Walter Director, CS Matthaeus Decker Manager, SPR Steve Teal Director, ITS Service Craig Debevoise Projects Commercial, ITS Dimitrios Andrikos Director, Bid & Project Management, ITS D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, Limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Stephan Klein, Director, MM Tommy Charurat Director, Performance Controlling UT&MLT Paul ELiea, Director, MM Sandra Kluthausen, Commercial Manager, MM Gisela Kaufmann Controller, MM David Costello, Director, MM 2 Dave Jeanette Manager, MM Rudolf Wagner Performance Controlling, MO Jim Lyons Sr. Manager, MM Constanze Kutschki Manager, Order Management UT & MLT Jeff Balogh Sr. Director, MM Ronald Staggs Commercial Project Manager, UT George Long Director, Engineering UT & MLT Mary Matos Commercial Project Manager, UT Robert Martner Senior Project Manager, LM Vesa Venttinen Commercial Project Manager, UT Jeffrey Curran Project Manager, UT Alexander Jankowski Commercial Project Manager, UT Duane Kopp Project Manager, UT Christine Jaw Commercial Project Manager, CS Ron VanHuuksloot Project Manager, UT Steffen Hertel Commercial Project Manager, LM Thomas Stehlik Project Manager, UT Larry Chen Commercial Project Manager, CS Vlore! Aninoiu Project Manager, UT Kavita Patel Commercial Project Manager, CS Carsten Nebe Project Manager, UT Patrick Blackburne Commercial Project Manager, UT & MLT Mark Anderson Project Manager, CS Christoph Hilgers Director, Operations Controlling UT & MLT Aaldrik Metting Project Manager, CS Manuel Schirnhofer Commercial Project Manager, LM Miriam Scheer Commercial Project Manager, CS Jochen Woern Project Manager, CS Brad Bonn Project Manager, CS Christopher Smith Commercial Project Manager, UT Chander Khanna, Sr. Director, Manufacturing Processes UT & MLT Adam Huey Commercial Project Manager, LM Paul Aichholzer Project Manager, LM Thomas Koprowski Commercial Project Manager, BG Ibrahim Kalender Project Manager, BG Girish Gupta Commercial Project Manager, LM Barry Sidler Program Manager, CS Shailesh Malgaonker Director of Operations, TPE Christopher Romeo Operations Manager, ITS Amy Morrison Commercial Project Manager, TPE Luis Correia Project Manager, CS David Spence Commercial Project Manager, ITS Trine Boedker Jensen Project Manager, CS Sabine Andrikos Commercial Service Manager, ITS Michael Hutchens Operations Manager, ITS Natalie Maga Commercial Project Manager, MM William Tucker Operations Manager, ITS Matthew Chalmers Commercial Project Manager, MM Christopher Mcelroy Service Account Manager, ITS Solomon Lee Commercial Project Manager, MM Gerhard Leitner Field Engineering Management, CS David Series Procurement Commodity Manager, MM Ivan Bukin Project Manager, CS Stuart Adler Project Procurement Manager, MM Brian Duch Project Manager, CS Joel Nielsen Commercial Project Manager, UT 3 Kevin McGrew Director, Quality UT & MLT Carlijn Goldberg Commercial Project Manag r, BG Goutham Lingannagari Senior Manager Projects, ITS Matthew Chalmers Finance Manager, MM James Hryniewicz Commercial Bid Manager, TPE Darla Lesnykh Commercial Project Manager, CS David Scott Branch Manager, ITS Jamil Nasir Engineering Director, MM Ben Linden Senior Director Carborne Engineering, MM Claudia Thiele Commercial Project Manager, ITS Stephen Spratt Project Manager, TPE David Mortimer Project Manager, TPE Christopher Hammett Project Manager, TPE Teal Shoop Project Manager, TPE Joshua Cardin Project Manager, TPE Abhinav Mitra Project Manager, TPE Christopher Giesch Production Controller, TPE E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Diana Johnson Bid Manager, ITS Claudia Thiele Commercial Project Manager, ITS John Billings Bid Manager, ITS David Love Sales Manager, ITS Brett Tharp Project Manager, TPE Mark Godsey Project Manager, TPE F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of 4 such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. 1. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of theist day of October, 2016. g Kevin) Prest, Sins Industry, Inc. Mo ► lity Division Matthias Schlelein Vice President, Finance and Business Administration Siemens Industry, Inc. Mobility Division 5 Siemens Industry, Inc. Mobility Division Delegation of Approval Authority Changes Date: 10!112016 Section Group Change Made Name A ITS Titre update Marcus Welz A ITS Spelling update Rajarshi Ghosh B B B C C C C D D D D D D ❑ ❑ D D D D D ❑ ❑ D D ❑ E E E Formatting Update MM Removed Mary Rachel Pearce MM Added Stefan Fischer MM Added Luis Tondi Resta ITS Added Dimitrios Andrikos ITS Removed Claus Maucher ITS Added Craig Debevoise TPE Removed Alexander Morse UT/MLT Removed Paul Berquam ITS Removed Craig Debevoise ITS Removed Michael Diaz ITS Removed Dimitrios Andrikos UT Added UT Added ITS Added ITS Added MM Added MM Added MM Added TPE Added TPE Added TPE Added TPE Added TPE Added TPE Added TPE Added TPE Added CS Added ITS Added TPE Added TPE Added Joel Nielsen Carlijn Goldberg Goutham Lingannagari David Scott Jamil Nasir Ben Linden Matthew Chalmers James Hryniewicz Stephen Spratt David Mortimer Christopher Hammett Teal Shoop Joshua Cardin Abhinav Mitra Christopher Giesch Daria Lesnykh David Love Brett Tharp Mark Godsey Legend: MO Mobility MM Mobility Management UT/MLT Urban Transport/Mainline Transport ITS Intelligent Traffic Systems TPE Turnkey Products & Electrification CS Customer Services Title VP, [TS ITS BA Director of Finance & Administration, MM Finance Manager, MM Director, Products, MM Director, Bid & Project Management, ITS Director, ITS Service Projects Commercial, ITS PPM, TPE Director, Business Continuity Projects Commercial, ITS Projects, ITS Sales Operations, ITS Commercial Project Manager, UT Commercial Project Manager, BG Senior Manager Projects, ITS Branch Manager, ITS Engineering Director, MM Senior Director, Carbome Engineering, MM Finance Manager, MM Commercial Bid Manager, TPE Project Manager, TPE Project Manager, TPE Project Manager, TPE Project Manager, TPE Project Manager, TPE Project Manager, TPE Production Controller, TPE Commerical Project Manager, CS Sales Manager, ITS Project Manager, TPE Project Manager, TPE Business Operations/Finance Central Support Function Business Operations Finance Centra[ Support Function Business Operations Finance Central Support Function Finance Central Support Function Business Operations Business Operations Finance Central Support Function Finance Central Support Function Finance Central Support Function Finance Central Support Function Finance Central Support Function Business Operations Business Operations Finance Central Support Function Finance Central Support Function Business Operations Business Operations Business Operations Business Operations Finance Central Support Function Finance Central Support Function Business Operations Business Operations Business Operations Business Operations Business Operations Business Operations Business Operations Finance Central Support Function Business Operations Business Operations Business Operations Description Added VP Updated Left side of matrix to say "Business Operations" from "Sales Operations" Moved to section C Moved to section C AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: Sylvia Wilson, Human Relations Administrator SylviaW@cctexas.com 361-826-3196 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2@cctexas.com 361-826-3169 Closed Captioning Services for the Hearing Impaired CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Caption Source, LLC. of Boerne, Texas for closed captioning services for the hearing impaired in accordance with Request for Proposal (RFP) No. 706, based on best value for a total expenditure not to exceed $33,000.00 for the first year with option to extend for two additional one year periods. PURPOSE: This service agreement will provide closed captioning services for the hearing impaired during City Council meetings, to include city press conferences. BACKGROUND AND FINDINGS: Per the City's ADA Transition Plan adopted February 2003, it states that there will be closed captioning of all City Council meetings. This includes utilizing closed captioning services on city press conferences for city wide emergency situations for example announcements made due to hurricane situations. An RFP for close captioning services for the hearing impaired was issued by the City of Corpus Christi. The RFP was advertised, posted in the City's Supplier Portal and 23 notifications were issued. Two proposals were received and evaluated based on best value. Caption Source, LLC is the recommended awardee. ALTERNATIVES: Not applicable. 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: Legal - Human Relations FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $37,327.68 $30,250.00 $67,577.68 Encumbered / Expended Amount $32,840.18 $0.00 $32,840.18 This item $2,750.00 $30,250.00 $33,000.00 BALANCE $1,737.50 $0.00 $1,737.50 Fund: General Fund Comments: The initial contract term total is $33,000, of which $2,750 is funded in FY2016-17. The total estimated contract value will be $99,000 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix SERVICE AGREEMENT NO. 706 CLOSED CAPTIONING SERVICES FOR THE HEARING IMPARIED THIS Closed Captioning Services for the Hearing Impaired Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Caption Source, LLC. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Captioning Services for the Hearing Impaired in response to Request for Bid/Proposal No. 706 ("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 Closed Captioning Services for the Hearing Impaired ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $33,000.00, 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, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Sylvia Wilson Human Relations 361-826-3196 SylviaW©cctexas.om 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 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. 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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 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. 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: Sylvia Wilson Human Relations Administrator 1201 Leopard St. 1St Floor Human Relations, Corpus Christi, TX 78401 Fax: (361) 826-4276 IF TO CONTRACTOR: Caption Source, LLC. Attn: Whitney L. Riley Title: Owner Address: 30818 Keemeland, Boerne, Texas 78015 Fax: 830-981-4494 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTO Signature: Printed Name: Title: Date: kr/oilvt 4-).-1 9011r7 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. 706 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 1. General Requirements The Contractor shall provide The City of Corpus Christi ("City") real time closed captioning services for each of the regularly scheduled City of Corpus Christi Council meetings, Special City Council meetings and emergency broadcasts on an as -needed basis via remote access. The Contractor will be responsible for the captioned services for the hearing impaired as outlined in this Scope of Work. 2. Scope of Work A. The Contractor shall provide live closed captioning of the regularly scheduled City Council meeting currently held on Tuesdays with the exception of the first Tuesday of the month, currently commencing at 11:30 A.M. Central Time (Subject to change per Council). City Council meetings average three per month with the exception of months that contain an extra week requiring four meetings. City Council meetings may be reduced during Spring Break in March, and designated City holidays in the months of November and December in which the average is two per month. B. Additional meetings that may require closed captioning services include Special City Council meetings and emergency broadcasts, which services shall be performed in a professional manner, consistent with industry standards. Note: meeting dates, times and locations are subject to change and additional meetings may be added throughout the year. C. The Contractor is required to complete a connection test approximately 15 minutes via remote access before the beginning of each meeting to ensure the date connection is established with the City. D. The Contractor shall have their office open and available to provide assistance to the City at minimum, from 9:00 a.m. to 5:00 p.m. Central Time (except on designated City holidays). The actual live closed captioning hours may extend beyond the scheduled times listed. If a meeting is called to recess, the contractor is expected to remain on the job until the meeting is announced "Adjourned". E. Within three business days after the City Council meeting, Contractor shall email the Contract Administrator an electronic .doc or .docx file containing the closed captioning. These files will be reviewed by the designated employees of the City of Corpus Christi and kept as official documentation of the Council Sessions. 3. Contractor Responsibilities A. Providing a qualified real-time captionist with encoding equipment, appropriate software, hardware and back up equipment to perform live captioning. Contractor is responsible for the equipment to be compatible with the equipment utilized by the City of Corpus Christi. Compatible equipment to include but is not limited to: dedicated phone line, Comrex auto answer broadcast coupler, and EEG Model EN530 HD -TV Smart closed captioning Encoder IV; or updated equipment such as this as technology evolves. B. Ensure any person performing on Contractor's behalf, possesses the ability, licenses, certifications and skills necessary to provide the services. Contractor must maintain and provide proof of at least (3) of the following certificates for each captioner, one of which must be for CRR: • Texas Certified Shorthand Reporter (CSR) or equivalent • Certified Real-time Reporter (CRR) • Registered Professional Reporter (RPR) • Registered Merit Reporter (RMR) C. Contractor warrants and represents that it and any person or entity performing under this Service Agreement shall comply with all applicable federal, state, and local laws and regulations, including the Americans with Disabilities Act of 1990. D. Contractor shall provide captioning software from a reputable company that has been utilized successfully in the live closed captioning environment for at least five years. E. Contractor shall provide hardware enabling hookup and execution of closed captioning. F. Prior to the commencement of this Service Agreement, Contractor shall perform a test to confirm the compatibility of equipment and confirm the ability to provide a successful closed captioning service. DATE: ATTACHMENT B - BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 706 Closed Captioning Services for the Hearing Impaired o II/ 2 1 +C/ _ R. OSER AUTHORIZED SkNATURE 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. d. Required five years in business. e. Ensure any person performing on Contractor's behalf, possesses the ability, licenses, certifications and skills necessary to provide the services. Contractor must maintain and provide proof of at least three of the following certificates for each captioner, one of which must be for CRR: • Texas Certified Shorthand Reporter (SCR) or equivalent • Certified Real-time Reporter (CRR) • Registered Professional Reporter (RPR) • Registered Merit Reporter (RMR) ITEM DESCRIPTIO 1 Closed Caption S d QTY UNIT UNIT PRICE TOTAL PRICE ?rvices 300 HRS $ //Q..� $ g ®1 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements City Council Closed Caption Service for the Hearing Impaired 12/12/2016 cg Risk Management ATTACHMENT C- BOND REQUIREMENTS Section 5. (B) is null for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS Section 8. Warranty is null for this Service 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: 2017-227357 Date Filed: 06/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CaptionSource, LLC Boerne, 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. RFP 706 Closed Captioning for the Hearing Impaired 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. „u uv ..,`` �� CHRISTOPHER DEIEON • •�'_ Notary Public, State of Texas = Comm. Expires 05-16-2018 • / TO `X Air `N ' it, ',,,„,,, ,,., Notary ID 12982174-5 Signa uthorized agent of contracting business > 411111.110, AFFIX NOTARY STAMP / SEAL ABOVE Sworn t nd subscribed before me, by the said (, .. �1 ' y Irl/ ,2! iP' , this the 2 7 _ day of �-C c 20 ) / , to certify which, witness my hand and seal of office. / �i ( i d/ Z-- _.S”' /.S4 14iF�,'�E� t,fWh //4/' / Signature o cer administering oath Printed name of dfficer administering oath Title of offi r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 RFP No.706 Closed Captioning Services - Summary Evaluation Marix Proposal Evaluation Caption Source, LLC Aberdeen Caption, Inc. Minimum Qualifications Licensing (Minimum of 3): Texas Certified Shorthand Reporter (SCR) or equivalent Certified Real-time Reporter (CRR) Registered Professional Reporter (RPR) Registered Merit Reporter (RMR) Pass Pass Required five years in business Pass Pass No outsanding lawsuits during last 5 years Pass Pass No outsanding regulatory issues last 5 years Pass Pass No current litigation ith the City during the last 5 years Pass Pass Technical Proposal Technical Proposal (50 points) 50 43.67 Interview Interview (30 points) 28.67 27 Price Price (20 points) 18.53 20 Total 97.2 90.67 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Council Member Debbie Lindsey -Opel as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. PURPOSE: The purpose of this item is to appoint Council Member Debbie Lindsey -Opel as a board member of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. BACKGROUND AND FINDINGS: The City has three corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Community Improvement Corporations (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three corporations, the Corpus Christi Community Improvement Corporation (CCCIC) is incorporated under the Texas Non-profit Corporations Act and, therefore, appoints its own membership. The other two corporations, the CCHFC and CCIDC, require that the City Council make the appointments. On June 20, 2017, the City Council appointed Debbie Lindsey -Opel to fill the At -Large seat vacated by Council Member Joe McComb upon his election as mayor. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Housing and Community Development Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Board detail sheets: CCHFC and CCIDC City Of Corpus Christi CORPUS CHRISTI HOUSING FINANCE CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO Dec 20, 2016 - Nov 01, 2018 Appointed by ;ity Council Appointed by City Council MICHAEL T. HUNTER liEZMI Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB Dec 20, 2016 - Nov 01, 2018 L0 BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH WIEMI Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council CORPUS CHRISTI HOUSING FINANCE CORPORATION Page 1 of 1 City Of Corpus Christi CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO m•ir amp Dec 20, 2016 - Nov 01, 2018 Appointed by ":ity Council Appointed by City Council MICHAEL T. HUNTER ie. Elm Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB MO Dec 20, 2016 - Nov 01, 2018 L0 BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH CEEMO Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing Council Member Debbie Lindsey -Opel as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The purpose of this item is to appoint Council Member Debbie Lindsey -Opel as a board member of the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. BACKGROUND AND FINDINGS: The Coastal Bend Health Facilities Development Corporation was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax-exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both of these corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. On June 20, 2017, the City Council appointed Debbie Lindsey -Opel to fill the At -Large seat vacated by Council Member Joe McComb upon his election as mayor. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Board detail sheets: CBHFDC and CBCEFFC City Of Corpus Christi COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO m•ir amp Dec 20, 2016 - Nov 01, 2018 Appointed by ":ity Council Appointed by City Council MICHAEL T. HUNTER ie. Elm Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB MMI Dec 20, 2016 - Nov 01, 2018 L0 BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH CEEMO Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION Page 1 of 1 City Of Corpus Christi COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO Dec 20, 2016 - Nov 01, 2018 Appointed by ;ity Council Appointed by City Council MICHAEL T. HUNTER liEZMI Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB Dec 20, 2016 - Nov 01, 2018 Lop. BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH WIEMI Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION Page 1 of 1 AGENDA MEMORANDUM Future Item (tabled) for the City Council Meeting of June 20, 2017 Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: TO: June 13, 2017 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 Execute Change Order No. 1 Bayshore Park Improvement Project (Bond 2008) Marina Breakwater at McGee Beach (CIP) CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of $712,326 for additional park improvements. (Bond 2008 and Capital Improvement Program) PURPOSE: The purpose of this item is executing a change order to the Bayshore Park Improvement contract. The additional scope includes work requested and funded by the Corpus Christi Business and Job Development Board (Type A) Board and the additional work for the dog park that is funded through private donations. BACKGROUND AND FINDINGS: The Bayshore Park Improvement Project was approved by City voters in November 2008. After completion of street re -alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design -build contract to Fulton Coastcon in the amount of $5.08 Million. The original contract scope included limited improvements for a dog park located in McCaughan Park and superficial pier improvements at McGee Beach. On April 25, 2017, City Council approved the acceptance and appropriation of private donations for the further development of the dog park. The $126,000 private donation will fund the portion of Change Order No. 1 that provides additional amenities to the dog park. On May 15, 2017, the Type A Board approved using $500,000 available in the approved FY '16-17 Seawall CIP plus an additional $86,326 of Type A proceeds for improvements to the McGee Beach Breakwater Pier. The additional improvements include a shade structure, structural repairs, landscape features, aesthetic improvements and a new walkway connected to the breakwater cap. A future Type A project (total budget $3 million) is programmed to make further improvements to the McGee Beach Breakwater including a new concrete breakwater cap. Change Order No. 1 contains the following proposed work items related to the Dog Park and McGee Beach Pier: Dog Park Improvements — Provides for additional improvements to the dog park at McCaughan Park for a total of $126,000. Work includes separate fenced areas for large and small dogs, crushed granite, a shade structure with benches, dog waste stations (2), pet fountains (2), grassy open areas (2) and additional landscaping. McGee Beach Pier Improvements — Provides for structural repair of the understructure of the concrete pier deck, new shade structure, electrical service extension to the breakwater structure, pier lighting, breakaway panels on the pier outer structure to slow sand migration, and a new concrete planter for landscaping adjacent to the pier in addition to the work programmed within the Bayshore Park project for a total amount of $586,326. Combining the scope from the approved CIP project with the Bayshore Park project enhances the overall Bayshore Park project, accelerates the needed improvements and reduces cost. The final breakwater cap improvements are programmed for inclusion in the FY '17-18 CIP. ALTERNATIVES: Do not approve the change order. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policies regarding approval of change orders. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Current Year Future Years TOTALS Line Item Budget 5,300,000 712,326 $6,012,326 Encumbered and Expended Amounts 5,245,789 54,211 5,300,000 Change Order 1 Dog Park (This item) 126,000 126,000 Change Order 1 Pier Imps.(This Item) 586,326 586,326 BALANCE 54,211 -54,211 0 Fund(s): Community Enrichment, Type A Seawall, Bond 2008 Comments: N/A RECOMMENDATION: Authorize the execution of Change Order No. 1 in the amount of $712,326 to add work items related to the Dog Park and McGee Beach Pier improvements. LIST OF SUPPORTING DOCUMENTS: Budget Change Order Location Map Powerpoint Form 1295 PROJECT BUDGET ESTIMATE Bayshore Park Project June 14, 2017 FUNDS AVAILABLE: Bayfront Development Plan, Phase 3 (Bond 2008) $ 5,300,000 Type A Board Sales Tax Appropriation (Pier) 86,326 Public Health Safety CIP (Seawall Breakwater/Pier) 500,000 Private Donation (Dog Park) 126,000 Total $ 6,012,326 FUNDS REQUIRED: Construction: Design Build Services for Bayshore Park (Fulton Coastcon) $ 5,080,000 Change Order 1 - Dog Park Enhancements and Pier Improvements THIS ITEM 712,326 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) 35,533 Engineering Services (Project Mgt, Design Review and Construction Inspection) 183,817 Misc 650 Total $ 6,012,326 Estimated Project Budget Balance $ 0 to- d1V 4.4711 CD z Texas State Aquarium Q IH -37 Corpus Christi 0 PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E15152 Bayshore Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CORPUS CHRISTI PARKS& FaLciAL"1 ON Bond 2008 - Proposition 7 Bayfront Master Plan Project Council Presentation June 20, 2017 Project Location IH 37 Corpus Christi • O� /?O BAYSHORE PARK] Spio �hrsti Engineering 2 Project Vicinity �hrsti Engineering Scope 0 �hrsti Engineering This change order will provide for enhancements to the Bayshore Park Improvements projects: New dog park ($126,000) ✓ Crushed granite ✓ Shade structure with benches ✓ Separation fencing for large and small dogs ✓ Dog waste stations (2) ✓ Pet fountains (2) ✓ Grassy areas (2) ✓ Additional landscaping McGee Beach pier improvements ($586,326) ✓ Understructure rehab of the concrete pier deck ✓ New shade structure ✓ Electrical service extension to the breakwater structure ✓ Breakaway panels to slow sand migration ✓ New concrete planter for landscaping ✓ Type A funds appropriation 4 Pier Scope �hrsti Engineering CITY OF CORPUS CHRISTI GO BAYSHORE PARK -PIER CANOPY PRELIMINARY DESIGN PERSPECTIVE VIEWS ® 002 5 Project Schedule �hrsti Engineering 2017 J F M A M J J Construction A S 0 N 6 City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 1 PROJECT: Bayshorc Park - Design Build CONTRACTOR: Fulton Construction, Coastcon ENGINEER: Fulton Construction, Common CHANGE ORDER DATE: 5/22/2017 PROJECT NUMBER: E15152 CON' RACTTIME: 350 CD Make the following additions, modifications ar deletions to the work described in the Contract Documents: 1 Parks and Rec Addition or Dog Park 2 Parks and Rec Structural Repairs to McGee Beach Pier Not in the Original Scope 3 Parks and Rec Additional Pier Lighting Not in the Original Scope 4 !kirk* and Rec Additional Landscaping Not in the Original Scope 5 Parks and Rec Additional Pier Shade Not in the Original Scope l LS @ S126,0004-5 5126,000 00 I IS @55116,000/13 S536,326 00 Net Total of This Change Order S 712,326.00 Why was this Change necessary: Doe Park: Additional funds from private organizations arc bcing used to expand the projccl scope to include a dog park. 5lrucluraI Work at McGee Bsacij Urvakwnter; There was a 5454,000 allowance in the original13ayshore Park design/build proposal Additional work al the McGee Beach breakwater pier structure was required to create a safc and useable structure. The Type A Board had previously approved a project to make improvements to the pier and breakwater cap. Type A agreed to supplement the Bayshore Park budget with additional Seawall CIP finds in order to accomplish the additional improvements to the McGee Beach Breakwater pier structure. How can similar changes be avoided in the future? Not applicable. The change order is being used as the most appropriate vehicle to accomplish the additional desired constriction work. The compensation agreed upon irr this Change Order is frill, complete and final payment for all costs the Contractor may Madras a result of or relathrgto this change whether said costs are known, unknown, foreseen ar unforeseen at this time, including without limitation, any cost far delay, extended overhead, ripple or impact cost, or any other effect an changed or unchanged work as a result of this Change Order. Original Contract Amount 5 Previously Approved Change Order Amount S Proposed Change Order Amount Revised Contract Antouni Percent of Total Change Orders (including this CO) Previous Change Order Contract Time Additional Time on This Change Order Revised Contract Time 5,080,000.00 5 712.326.00 S 5,792,326.00 14.02% 350 CD 63 CD 413 CD Recommended by 0 RUCTIS ST N C.O ale Approved b FUE.TON cLTY OF CORPUS CHRISTI 5/24/17 Recommended tiy: Recommended 1*• Recommended by: Recommended by: sissy E mundc. P.P. Director of Engineering Services Eddie Houlihan, Director Management and Budget Date Janet Kellogg City Attorney Date ASTC.V Approved by: Approved by: Approved by: Date Valerie H. Gray, P.E. Date Executive Director of Public Works Mark Van Wick Date Assistant City Manager Margie C. Rose City Manager Date 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: 2017-213975 Date Filed: 05/2512017 Date Acknowledged: 1 Narne of business entity filing form, and the city, state and country of the business entity's place of business. Fulton Construction Corp. / Coastcon Corp. - A Joint Venture 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. E15152 Design Build Services for Bayshore Park, Change Order No. 1 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) _ Controlling Intermediary Skrobarczyk, Philip Corpus Christi, TX United States X Skrobarczyk, Jennifer Corpus Christi, TX United States X Barnette, James Corpus Christi, TX United States X Lippincott, Michael Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT < I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ANY °"% AMANDA FOWLER ' 2 { Notary Public t " f� STATE OF TEXAS ► 4.:4.6.. 0 My Comm. Exp. 03-03.2018 r �✓' / �j ? AFFIX Sworn Signature of authorized agent of c tr g business entity NOTARY STAMP / SEAL ABOVE ` (� to and subscribed before me, by the said ; t t p Sl. Q E]f,,Q.. C• 1 1,/ , this the 19c� clay of Imn . 20 11 , to certify which, witness my hand and seal of office. r., _. t'1- Al2_ Am&ndo c i NOni f 5; 47/9.11'1-- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Signature Enrols nrnvidnd by TPXAs Fthirs r.nmmissinn www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM First Reading Item (tabled) for the City Council Meeting of June 20, 2017 First Reading Item for the City Council Meeting of July 11, 2017 Second Reading Item for the City Council Meeting of July 18, 2017 DATE: TO: June 13, 2017 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 Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Transfer Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach CAPTION: Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by $1,010,826 each. PURPOSE: This is a financial item to complete the transfer of funds requested by the Corpus Christi Business and Job Development (Type A) Board for additional improvements to the Water's Edge Park. BACKGROUND AND FINDINGS: The Bayshore Park Improvement Project (the Water's Edge Park) was approved by City voters in November 2008. After completion of street re -alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design -build contract to Fulton Coastcon in the amount of $5.08 Million. Improvements to the parking lot at the old Memorial Coliseum site were not included. There was a budget allowance for pier improvements at McGee but it allowed for a very limited scope of work. On February 20, 2017, the Type A Board approved the appropriation of $424,500 in Seawall Improvement funds to improve the parking lot at the old Memorial Coliseum site. This project was requested by the area stakeholders to improve site access and create additional programable event space. Work includes reconstruction of the parking lot, adjacent curbs and gutters, and lighting. If Council approves the transfer of funds, work will be executed by Grace Paving through the City's IDIQ Contract for minor street work. There are improvements to the McGee Beach Breakwater currently in the approved FY 2016-17 Capital Improvement Program (CIP). The total program was shown as a $3.5 million effort with $500,000 in the current fiscal year. The Type A Board approved expanding the scope of work for the Bayshore Park project to include additional improvements contemplated under the CIP project. Leveraging the Bayshore Park funds with the Seawall CIP funds would provide synergy and efficiencies. On May 15, 2017, the Type A Board approved and appropriated an additional $86,326 of Type A proceeds, as well as, the $500,000 currently identified in the CIP to fund the proposed scope of additional improvements to the McGee Beach Breakwater Pier and walkway. The additional improvements will provide a more robust pier, including a shade structure, better aesthetics and a new elevated walkway that provides better access to the breakwater cap. This work will be accomplished via a change order to the Bayshore Park Improvements design -build contract. Additional improvements to the McGee Beach breakwater and breakwater cap are programmed in the CIP. ALTERNATIVES: Do not transfer the funds or approve the change orders. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policies regarding transfer of Type A funds. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Current Year Future Years TOTALS Line Item Budget $500,000 $500,000 Transfers — Parking Lot (This Item) 424,500 424,500 Transfers — Additional Pier Imps (This Item) 86,326 86,326 Revised Budget $1,010,826 $1,010,826 Fund(s): Type A Seawall Comments: N/A RECOMMENDATION: Approval of the appropriation and transfer and appropriation of Type A funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TRANSFER AND APPROPRIATE $1,010,826 FROM NO. 1120 SEAWALL IMPROVEMENT FUND INTO THE NO. 3271 SEAWALL CAPITAL FUND; CHANGING THE FY 2017 OPERATING BUDGET AND FY 2017 CAPITAL BUDGET TO INCREASE REVENUES AND EXPENDITURES BY $1,010,826 EACH. BE IT WHEREAS, the Bayshore Park Improvement Project (Bond 2008) was approved by voters in November 2008; WHEREAS, a Design -Build contract was awarded to Fulton Coastcon in 2016 with a defined conceptual scope to be refined with stakeholder input and constructed within a set budget; WHEREAS, the contract scope did not include improvements to the parking lot at the old Memorial Coliseum site; WHEREAS, on February 20, 2017, the Corpus Christi Business and Job Development Corporation approved the appropriation of Type A funds in the amount of $424,500 for improvements to the parking lot at the old Memorial Coliseum site to enhance continuity with the Seawall and create additional programmable event space. The parking lot improvements will be performed under the City's IDIQ contract for minor street work; WHEREAS, on May 15, 2017, the Corpus Christi Business and Job Development Board approved the appropriation of Type A funds in the amount of $86,326 for construction of the Marina Breakwater Pier Improvements. The $86,326 will be added to the approved 2017 Capital Improvement Budget of $500,000 in Type A funds for the improvements; WHEREAS, the City's financial management process requires funds to be appropriated and transferred from a City of Corpus Christi operational account to and appropriated into a capital expenditure account prior to expenditures of Type A Board monies. ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $424,500 from the No. 1120 Seawall Improvement Fund is transferred to and appropriated into the No. 3271 Seawall Capital Fund Project E17045 for the Water's Edge Park Parking Lot project; SECTION 2. An amount of $586,326 from the No 1120 Seawall Improvement Fund is transferred to and appropriated into the No 3271 Seawall Capital Fund Project E16318 for the Marina Breakwater at McGee Beach project. SECTION 3. The FY 2017 Operational Budget adopted by Ordinance No. 030965 is changed to increase expenditure in the amount of $1,010,826. SECTION 4. The FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 is changed to increase revenues and expenditure in the amount of $1,010,826. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CORPUS CHRISTI PARKS& RLC?LAT'ION The Water's Edge Background, Seawall Fund and Next Steps Council Presentation July 11, 2017 Today's Discussion �hrsti Engineering 1) The Water's Edge History 2) Old Shoreline Improvements 3) Parking Lot & Seawall Fund 4) Next Steps 2 Project Vicinity �hrsti Engineering The Water's Edge Park History �hrsti Engineering Shoreline Realignment Bond 2008 $13 Million Shoreline Project Cost $7.02 Million Remaining Funds $5.08 Million Change Orders • None to Date • Proposed: $712,326 Dog Park, Structural Pier Improvements 4 The Water's Edge Stakeholders Corpus Ch r sti Engineering 'K rtdillfznerliA Ferwrv, 1311111C MPH CHRISTI DOWNTOWN MANAGEMENT DISTRICT CORPUS CHRISTI CHRIST CONVENTION, VISITORS BUREAU CORPUS CHRISTI PARKS& RECREATION The Water's Edge Park History �hrsti Engineering Original Contract - Design Build 55.08 Million • Iconic Signage • McCaughn Park Improvements • Shoreline Boulevard Improvements • Pier Improvements • Special Event Space Improvements • Sherrill Park Improvements Note: Contractor proposed add alternate for parking lot. This was not requested or approved with the original design build contract. NEW BAYSHORE PARK - CITY OF CORPUS CHRISTI M.PLIGHAN PARK NRN PLR/GROW. RD. 01:11lm RAC L TIES Eowa. avaWO: _ SI th&R .01,0E0 PLAZARELOgMED PAR CONTROL M FoEm-MMA LEVEM SM. PI IMPRDV OT OECK 7 PEOMTRIANAR MO /RUC GIG NAC ARCHITECTS FultOP QJastcon Genera Conn -mots NORTH a PL,RE FAIL USS CORPUS C -Jr The Water's Edge Park History �hrsti Engineering This change order will provide for enhancements to the Bayshore Park Improvements projects: • New dog park ($126,000) • McGee Beach pier structural improvements ($586,326) Additionally, the Type A Board approved funding for an eligible project that renovates the Old City Hall and Memorial Coliseum Parking Lot. • Parking Lot Resurfacing ($424,500) Location of Landscape Improvements on Old Shoreline �hrsti Engineering Per Current City Council's Recent Direction, Two Travel Lanes Remain Intact 9 Location of Landscape Improvements on Old Shoreline 0 �hrsti Engineering 10 Location of Landscape Improvements on Old Shoreline 0 �hrsti Engineering 11 Location of Landscape Improvements on Old Shoreline 11 �hrsti Engineering Old Memorial Coliseum Parking Lot Corpus Chr sti Engineering ) • Not Included in Original Design -Build Contract. • Stakeholders requested Type A Funding, parking lot • Condition was not acceptable for events held at location • Legal found it was eligible. • Type A Board Approved. Old Memorial Coliseum Parking Lot 111 �hrsti Engineering Original Lot (Left) Newly Resurfaced (Above) Seawall Fund - Type A Use �hrsti Engineering • Sales Tax has exceeded the bond. • Spent • Current Balance • Annual Revenue: • Expires in 2026 • Projected Revenues Through 2026 $49 million $42 million $6 million $60 million • Flood Mitigation —10 Year Outlook in Seawall CIP MkProject Name 250.0 5,000.0 250.0 1,500.0 1,000.0 2,000.0 500.0 5,000.0 2,000.0 200.0 1,000.0 Seawall Fund - 10 Year Outlook as of June 2016 Corpus Chr sti Engineering FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 1 Recurring Seawall Maintenance 200.0 500.0 1,000.0 200.0 1,000.0 200.0 1,000.0 200.0 1,000.0 200.0 2 Barge Dock Improvements 500.0 100.0 1,000.0 3 USACE Bulkhead Repairs 500.0 5,000.0 5,000.0 4 5 6 7 8 9 10 Salt Flats Levee Improvements Repair Marina Breakwater at McGee Beach New McGee Beach Breakwater Sunfish Island and Breakwater Marina Breakwater Improvements McGee Beach Nourishment/Boat Basin Dredging Science & History Museum Flood Wall 11 Kinney & Power St Pump Station Improvements Estimated Expenditures Per Year 3W0 11,500.0 4,500.0 5,200.0 6,000.0 450.0 6,350.0 3,7n3—�70t.0 , Note: All dollar figures are in thousands, I.E. "3,400.0" in the table above represents $3,400,000. 1,000.0 2,000.0 500.0 3,000.0 200.0 1,000.0 500.0 3,000.0 500.0 2,000.0 3,000.0 16 Beginning Balance $39,053,668 $41,653,668 $36,153,668 $37,653,668 $38,453,668 $38,453,668 $44,003,668 $43,653,668 $45,953,668 $48,253,668 Expenditure - $(3,400,000) $(11,500,000) $(4,500,000) $(5,200,000) $(6,000,000) $(450,000) $(6,350,000) $(3,700,000) $(3,700,000) $(8,200,000) Revenue + $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 Ending Balance = $41,653,668 $36,153,668 $37,653,668 $38,453,668 $38,453,668 $44,003,668 $43,653,668 $45,953,668 $48,253,668 $46,053,668 Beginning Balance $39,053,668 $39,653,668 $32,153,668 $31,653,668 $30,453,668 $28,453,668 $32,003,668 $29,653,668 $29,953,668 $30,253,668 Expenditure $(3,400,000) $(11,500,000) $(4,500,000) $(5,200,000) $(6,000,000) $(450,000) $(6,350,000) $(3,700,000) $(3,700,000) $(8,200,000) Revenue + $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 Ending Balance = $39,653,668 $32,153,668 $31,653,668 $30,453,668 $28,453,668 $32,003,668 $29,653,668 $29,953,668 $30,253,668 $26,053,668 Seawall Fund - 10 Year Outlook 4_) Corpus Chr sti Engineering ICash Flow Model w/ $6,000,000 Annual Sales Tax Revenue FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Yea r1 Year2 Year3 Year4 Years Year6 Year7 Year8 Year9 Yea r10 Cash Flow Model w/ $4,000,000 Annual Sales Tax Revenue 17 Seawall Fund VS TIRZ #3 Fund �hrsti Engineering • Size represents current fund balance (shown to scale). • TIRZ #3 has $3.8 million, • $2.4 million is committed to tax producing projects • Seawall Fund has $39.4 million 18 Next Steps kz) Corpus Chr sti Engineering • Transfer $ 1,010,826 for Pier & Parking Lot from Type A (Item # 17-0769) • Change Order for Pier & Dog Park (Item # 17-0700) • Separate Contract for Parking Lot will be under IDIQ. (Administrative, IDIQ Approved by Council on 05/24/16) AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 11, 2017 Second Reading for the City Council Meeting of July 18, 2017 DATE: June 20, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading — Rezoning Property located at 4626 Weber Road CAPTION: Case No. 0317-07 Mohammed Motaghi: A change of zoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District. The property is described as being a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. PURPOSE: The purpose of this item is to rezone the property to allow for multifamily and commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. Vote Results: For: 9 Against: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District to allow for multifamily and commercial uses. The proposed rezoning is consistent with the Plan CC Comprehensive Plan. The proposed rezoning is also compatible the Southeast Area Development Plan, with neighboring properties, and with the general character of the surrounding area. ALTERNATIVES: 1. Approve the "CN -1" Neighborhood Commercial District. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for Public/Semi-Public uses. The proposed rezoning to the "CN -1" Neighborhood Commercial is consistent with the adopted Future Land Use Map and the Southeast Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Mohammed Motaghi ("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, a public hearing was held on Wednesday, May 17, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, and on Tuesday, July 11, 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 Mohammed Motaghi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road (the "Property"), from the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District (Zoning Map No. 045038), as shown in 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Ordinance_0317- 07_Mohammed Motaghi.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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Ordina nce_0317- 07_Mohammed Motaghi.docx Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES TRACT 1 FIELD NOTES FOR A 7.05 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ATA 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE NORTHWEST CORNER TO THIS TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, A DISTANCE OF 441.75 FEET, TO A POINT ALONG THE SOUTH BOUNDARY UNE OF SAID EDWIN E. CONNOR TRACT, FOR THE LOWER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 210.90 FEET, TO A 3/4 -INCH IRON ROD FOUND FOR THE UPPER SOUTHEAST CORNERbF SAID EDWIN E. CONNOR TRACT, AND THE UPPER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 42 DEGREES 19 MINUTES 43 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 159.09 FEET TO A 314 -INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF SAID EDWIN E. CONNOR TRACT, AND AN INTERIOR CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 390.03 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 388.75 FEET, ALONG THE EAST BOUNDARY LINE OF SAID WEBER ROAD, AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT, THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 7.05 ACRES OF LAND, MORE OR LESS. Exhibit A TRACT 2 FIELD NOTES FOR A 5.37 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE NORTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, ALONG THE EAST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 441.75 FEET, TO A 3/4 -INCH IRON ROD FOUND ALONG THE SOUTH BOUNDARY UNE OF SAID EDWIN E. CONNOR TRACT, FOR THE SOUTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHEAST CORNER QF THIS OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 441.75 FEET, FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 5.37 ACRES OF LAND, MORE OR LESS. / 9h 7 N EXISTING ZONING = RS -6 PROPOSED ZONING = CN -1 E ACRES (307064 23 00 FT.) TRACT 1 EV GRAPHIC SCALE 100 ( waver) LAM) = BO El MEDINA CONSULTANTS ENGINEERING & LAND SURVEYING, INC. corpus VERS.. ST E4243. (361) CLW -1266 Ess (361) 993-2955 09, 2019 K771 /,'3ePar• PROPOSED RE -ZONING OF: THE EDWIN E. CONNOR TRACT THIS IS TO. CERTIFY THA' I HAVE CONSULTED THE FEMA MAPS AND FOUND HERRN SHOWN IS NOT LOCATED IN a SPECIAL HAZARD THIS THE 6 TH PAY OF MARCH 2017 REFERENCE VOLUME 40 PACE(S) 95 MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS FOR MP SOLE us.E or TILE ..R. TT. COMPANY. 011 MORTGAGE COMPANY IN MIS TRANSACTION ONLY 5 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE, ON THE GROUND OF THE PROPERTY, LEGALLY DESCRIBED HEREON AND IS CORRECT; AN THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS. MSIBIE ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR APPARENT RIGHTS-OF-WAY, EXCEPT AS SHOWN HEREON, AND SAID PROPERTY AS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SRO REON. VICTOR ro . MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE N0. 3419 LOCATION MAP N %X w E 6.37 ACRES (233E29139 S0. FT) TRACT 2 EXISTING ZONING = RS -6 PROPOSED ZONING = CG -2 Exhibit B SHEET 1 OF 1 Ordinance amending the Unified Development Code ("UDC"), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "RS-6/SP" Single -Family 6 District with a Special Permit with conditions; 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 Mohammed Motaghi ("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, a public hearing was held on Wednesday, May 17, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "RS-6/SP" Single -Family 6 District with a Special Permit with conditions, and on Tuesday, July 11, 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 by Mohammed Motaghi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road (the "Property"), from the "RS-6/SP" Single -Family 6 District with a Special Permit to "RS-6/SP" Single -Family 6 District with a Special Permit with conditions (Zoning Map No. 045038), 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses allowed on the Property other than uses permitted in the base zoning district are retail, professional offices, restaurants, and ninety-one (91) multifamily units. 2. Building: No expansion of the building shall be allowed for the purposes of multifamily uses. 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. Buffer Area: The buffer area is defined as the area between the existing building and the single-family residences with a masonry wall to the north and south of the property. The existing separation between the building and six (6) foot masonry wall shall be maintained. No expansion of the building into this area shall be allowed. The property owner shall maintain and keep the existing six (6) foot masonry wall in good condition. No parking shall be allowed in the buffer area. 5. Dumpsters: Dumpsters shall not be located in the buffer area as described in Condition #4. 6. Signage: All existing signs along Weber Road will be allowed to remain. No additional signage for the purposes of advertisement shall be allowed. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. 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\0317-07 Mohammed Motaghi\Council Documents\Ordinance_0317-07_Special Permit_Mohammed Motaghi.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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Ordinance_0317-07_Special Permit_Mohammed Motaghi.docx Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES TRACT 1 FIELD NOTES FOR A 7.05 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE NORTHWEST CORNER TO THIS TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, A DISTANCE OF 441.75 FEET, TO A POINT ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE LOWER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 210.90 FEET, TO A 3/4 -INCH IRON ROD FOUND FOR THE UPPER SOUTHEAST CORNERbF SAID EDWIN E. CONNOR TRACT, AND THE UPPER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 42 DEGREES 19 MINUTES 43 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 159.09 FEET TO A 3/4 -INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF SAID EDWIN E. CONNOR TRACT, AND AN INTERIOR CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 390.03 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 388.75 FEET, ALONG THE EAST BOUNDARY LINE OF SAID WEBER ROAD, AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT, THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 7.05 ACRES OF LAND, MORE OR LESS. Exhibit A TRACT 2 FIELD NOTES FOR A 5.37 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE NORTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, ALONG THE EAST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 441.75 FEET, TO A 3/4 -INCH IRON ROD FOUND ALONG THE SOUTH BOUNDARY UNE OF SAID EDWIN E. CONNOR TRACT, FOR THE SOUTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHEAST CORNER QF THIS OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 441.75 FEET, FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 5.37 ACRES OF LAND, MORE OR LESS. / 9h 7 N EXISTING ZONING = RS -6 PROPOSED ZONING = CN -1 E ACRES (307064 23 00 FT.) TRACT 1 EV GRAPHIC SCALE 100 ( waver) LAM) = BO El MEDINA CONSULTANTS ENGINEERING & LAND SURVEYING, INC. corpus VERS.. ST E4243. (361) CLW -1266 Ess (361) 993-2955 09, 2019 K771 /,'3ePar• PROPOSED RE -ZONING OF: THE EDWIN E. CONNOR TRACT THIS IS TO. CERTIFY THA' I HAVE CONSULTED THE FEMA MAPS AND FOUND HERRN SHOWN IS NOT LOCATED IN a SPECIAL HAZARD THIS THE 6 TH PAY OF MARCH 2017 REFERENCE VOLUME 40 PACE(S) 95 MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS FOR MP SOLE us.E or TILE ..R. TT. COMPANY. 011 MORTGAGE COMPANY IN MIS TRANSACTION ONLY 5 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE, ON THE GROUND OF THE PROPERTY, LEGALLY DESCRIBED HEREON AND IS CORRECT; AN THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS. MSIBIE ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR APPARENT RIGHTS-OF-WAY, EXCEPT AS SHOWN HEREON, AND SAID PROPERTY AS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SRO REON. VICTOR ro . MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE N0. 3419 LOCATION MAP N %X w E 6.37 ACRES (233E29139 S0. FT) TRACT 2 EXISTING ZONING = RS -6 PROPOSED ZONING = CG -2 Exhibit B SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No. 0317-07 INFOR No. 17ZN1010 Planning Commission Hearing Date: May 17, 2017 Applicant & Legal Description Owner: Mohammed Motaghi Applicant/Representative: Michael Gunning Location Address: 4626 Weber Road Legal Description: A 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. Zoning Request From: "RS-6/SP" Single -Family 6 District with a Special Permit To: "CN -1" Neighborhood Commercial District Area: 7.05 acres Purpose of Request: To allow for multifamily and commercial uses. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS-6/SP" Single -Family 6 with a Special Permit Public/ Semi -Public Government/ Institutional North "RS -6" Single -Family 6 Low Density Residential and Commercial Medium Density Residential and Commercial South "RS -6" Single -Family 6 Low Density Residential Medium Density Residential East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "RS -6" Single -Family 6 Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for Public/Semi-Public uses. The proposed rezoning to the "CN -1" Neighborhood Commercial is consistent with the adopted Future Land Use Map and the Southeast Area Development Plan. Map No.: 045038 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 396 feet of street frontage along Weber Road which is designated as an "Al" Minor Arterial Street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Weber Road "Al" Minor Arterial 95' ROW 64' paved 80' ROW 60' paved 26,975 ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District to allow multifamily and commercial uses. Development Plan: The subject property is comprised of 7.05 acres and is proposed to be multifamily and commercial uses. According to the applicant, "The subject property is located along the east side of Weber Rd., situated between McArdle and Gollihar Roads. This site was known as the Physicians & Surgeons Hospital at 4626 Weber Rd., a designated arterial. The approved 1980 replat indicates that 9.22 acres of the property to be the site of an old sanitary landfill, which has been closed. Tract 1 abuts the east right-of-way line of Weber Road, a designated arterial. The subject property includes the former hospital buildings which are in part now occupied by offices, an adult day care center, a food catering service, and a considerable amount of vacant buildings. Based on Nueces County Tax Appraisal District records there is approximately 41,500 sf of building area and 82,000 sf of paved area that extends generally northeast to the proposed zoning line of Tract 2. It is the owner's intention to provide long term housing to accommodate the influx of workers needed for the new Harbor Bridge construction." Existing Land Uses & Zoning: The subject property is zoned "RS-6/SP" Single -Family 6 District with a Special Permit. The subject property is currently the site of the former P&S Hospital. The building has been converted to serve various professional office uses and a catering business. To the north are single-family residences zoned "RS -6" Single -Family 6 District. Further to the north at the intersection of Weber Road and Gollihar Road are commercial uses and are zoned "CN -1" Neighborhood Commercial. The commercial uses include restaurants, a car wash, and a convenience store with fuel sales. To the south, east, and west are single-family residences zoned "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Southeast ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: Staff Report Page 3 • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The specific goal of the Southeast Area Development Plan is to protect the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area (Southeast ADP Goals and Objectives). • Lighting from non-residential uses should be directed away from residential areas (Policy Statement B.2.a). • Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect (Policy Statement B.2.b). • Placing low intensity activities next to single family uses (Policy Statement B.2.c). Department Comments: • The proposed rezoning is compatible with PIanCC and the Southeast Area Development Plan. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. • The site is currently zoned with a Special Permit (SP) granted in 1980. The SP allows the operation of offices, medical, and health facilities. • The "CN -1" Neighborhood Commercial District does open the possibility of more intense commercial uses adjacent to single-family residences. Examples of uses allowed in the "CN -1" District are: Multifamily Residential, Offices, and Retail Businesses. Bars, Pubs, and Taverns are prohibited in the "CN -1" District. • According to the owner, there will be no expansion to the building. The only construction will be remodeling to prepare two wings of the building for the proposed multifamily use. • Approximately 330 feet to the north are other properties zoned "CN -1" Neighborhood Commercial District located at the intersection of Gollihar and McArdle Roads. • Based on information from the Nueces County Appraisal District, the hospital building has existed since 1979. Prior to hospital use, the site was vacant and an adjacent portion of property is a former landfill. • The adjacent single-family homes to the north and south are buffered by at least 40 feet of drive aisles surrounding the former hospital building and a six foot masonry wall in good condition. • The former landfill on the adjacent property will not be disturbed in any manner. • Staff is recommending a Special Permit with conditions that protect the integrity of the surrounding single-family neighborhood. The proposed conditions will only allow Staff Report Page 4 the uses of retail, professional offices, restaurants, and a set number of ninety-one (91) multifamily units. Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single -Family 6 District with a Special Permit with the following conditions: 1. Uses: The only uses allowed on the Property other than uses permitted in the base zoning district are retail, professional offices, restaurants, and ninety-one (91) multifamily units. 2. Building: No expansion of the building shall be allowed for the purposes of multifamily uses. 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. Buffer Area: The buffer area is defined as the area between the existing building and the single-family residences with a masonry wall to the north and south of the property. The existing separation between the building and six (6) foot masonry wall shall be maintained. No expansion of the building into this area shall be allowed. The property owner shall maintain and keep the existing six (6) foot masonry wall in good condition. No parking shall be allowed in the buffer area. 5. Dumpsters: Dumpsters shall not be located in the buffer area as described in Condition #4. 6. Signage: All existing signs along Weber Road will be allowed to remain. No additional signage for the purposes of advertisement shall be allowed. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. 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: 9 Opposed: 0 Absent: 0 Staff Report Page 5 Public Notification Number of Notices Mailed — 74 within 200 -foot notification area 8 outside notification area As of Mav 17, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 1.46% 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\0317-07 Mohammed Motaghi\Council Documents\CC Report_0317-07_Mohammed Motaghi.docx CASE: 0317-07 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 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP 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 flSubject Property O Owners with 200' buffer in favor 4 avners within 200' !fisted on V/ avners attached ownership table A in opposition Persons with disabilities plannirr ) attend this meetingwho may require g ial services, are requested to contact the Development Services Depai anent at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este iunta v clue recluieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriclirse a la commission durante la junta v su irides es limitedo, favor de Ilamar al departamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0317-07 Mohammed Motaghi has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle 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. May 17, 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 76469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: we_ s 6e_is N c ci 3 ( ) IN FAVOR REASON: City/State: p i7(t 7p1-13 IN OPPOSITION Phone;. 1 y 1 j 155ED Opr Gw6 e/t,t46„,? z-e4e _4zo, (,est kcr 6iee-.11/7//i/A SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1010 Property Owner ID: 4 AndrewD2@cctexas.com Signature Case No. 0317-07 Project Manager. Andrew Dimas Email: r°C r us •ti�r us • �l[li�ss�s �illi�s{I illi��sll�• Ejl�lis:{�s�Es� City # ns i Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 4 561600020020 HERRING WESLEY M AND DOROTHY ANN HERRING WFE 4938 CHATFIELD Corpus Christi, TX 78413 1' 1., U S. POSTAGE» PITNEY BOWES rte.■w� ZIP 78412 $ 000.46° 02 4Y 0000340617 MAY 05 2017 CASE: 0317-07 SUBJECT PROPERTY WITH ZONING ❑SUbfecy Property R111.1 Uulel.mIF1 1211 Monism, .2 RA.3 111I.OI.mPv 7 o. Prelnrwxl ORR. MAT 04111.11117 aT CNA Wlpeeemeee COmmma.l CFS2 N.yr{erhoOd Commsrd.l CR•1 Roman Comwrd4 017 R•s-iCommertl4 Z•1 O.nn. Cemm.,LW CO -3 O.mr.l Cemm.rcW CI 1m. v. C.mm.rtM1 CBO bo.rm.n Caem.rcUl CR -3 ROWS C11,11m.nl4 FR Firm Rural N N4s.1c Oweas FIP 9r.n... P.a R, URnrmmwnr 11 N=Ary Ineu.:n.1 PUO PYnn.d UnL O.v. C...y 83.10 Sm01rF.mly l0 RIO &Vs -Isms{ RSJ.S I..l.-F.m RF 0$ RS -TF Mo-F.mIF/ R3-11 Snprfsmlry IS RE 8..0.1.4 EOM. RSTNlesmneu.. 3P SMn4..>me Ry R.w.tlerul WAR/6111 Rum Wwl.eeu.l Hams SUBJECT PROPERT1 b4. fr$ / LW a>4 'LOCATION MAPJ .,. - A •........ /'*. City or Crwpres1 Christi l 5 i Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de asistir a este iunta y que rerauieren servicios especiales se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo. al nC mero 061 i 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 irides es limitado, favor de Ilamar al dei artamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horns antes de Ia junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0317-07 Mohammed Motaghi has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle 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, May 17, 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 appetlant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. ff ff 1/ JJ /I j'�(Printed Name: A/ctf t (2t. r 1k. . l r` Address: r d J/ I '1 City/State: d L' .i A4 i { ) IN FAVOR (AN OPPOSITION l ,�11 h D G(� REASON: l krr CW `S l v)q e E +Tf'JE I �r- r A-160 ps.?ls ` 1(' -We. - .e i/ OP ‘{ ,m_., SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN 1010 Property Owner ID: 51 AndrewD2 a@cctexas.com Ca a No. 0 r` -07 Project Manager. Andrew Dimas Email: Cif ILII 11010[1101 11dinftIlj[ll fl111i1Mi City of Carpus Chrisff Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 51 561600010060 RODRIGUEZ REYNALDO ET UX 4021 BRADFORD Corpus Christi, TX 78411 / ; +/ ',/5 U.9:PC STAGE» 111NEY BOWES 44: ZIP 7841��r 0 02 401 $ 000.46 0000340617MAY 05 2017 / co, ! 4 R QO CN -1 04 S-5 ! ; / J. t).• ;�.�._f •/7 • Oa_C:M Award Pri•rmr.r alD...IF CASE: 0317-07 SUBJECT PROPERTY WITH ZONING Agliets FroPeM Ral I warl.m.y I Pail 7 RWyl.ma72 RAI 7 AI1Rtame/ 3 Ory Pnahlxan.l Office RY AT Mr2amly AT CRI It1611Gtlbed Camm.tair CW2 Ro2Abrlrape C.mm.ram CRA Rand Commorral CR 2 lbaalCammrcld CO -I Como! CRmm.rcld CO -2 Gomm. Cmnm.rcLS CC •,ltnuc. Cemm.rCul tea w.1me.a Camm.tclal 02.3 Raaarl Cmnrn.rclal fR Frm Rud R Moira O.rl.y BP Bo 1.01111E Pr6 U2fl NAml11R M Iran lndatRd PUO Prowl Owl O.V OKr ay R7.20 Smal..F.mly IO RSA Rnpr irN1/6 R7 a. a 2e.2..n1Y 44 R7 W 7wo-Familr 41 II. S nqi.-Famx7 16 RE Ra.IWr.IIR Fray R2 TR TOMmnw,. IP /wow Y Nano. Ry R.rnrwl.I Wllrl. Rai. RRR Wnrb3Oarml Rano SUBJEC'T 0?PROPERJ4. 4 s I �a !'LOCATION MAP Zoning Case #0317-07 Mohammed Motaghi From: "RS-6/SP" Single -Family 6 District with a Special Permit To: "CN -1" Neighborhood Commercial District City Council Presentation July 11, 2017 Aerial Overview Subject Property at 4626 Weber Road N Planning Commission and Staff Recommendation Denial of the "CN -1" Neighborhood Commercial in lieu thereof Approval of the "RS -6" Single -Family 6 District with a Special Permit (SP). Special Permit Conditions 1. Uses: The only uses allowed on the Property other than uses permitted in the base zoning district are retail, professional offices, restaurants, and ninety-one (91) multifamily units. 2. Building: No expansion of the building shall be allowed for the purposes of multifamily uses. 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. Buffer Area: The buffer area is defined as the area between the existing building and the single-family residences with a masonry wall to the north and south of the property. The existing separation between the building and six (6) foot masonry wall shall be maintained. No expansion of the building into this area shall be allowed. The property owner shall maintain and keep the existing six (6) foot masonry wall in good condition. No parking shall be allowed in the buffer area. Special Permit Conditions 5. Dumpsters: Dumpsters shall not be located in the buffer area as described in Condition #4. 6. Signage: All existing signs along Weber Road will be allowed to remain. No additional signage for the purposes of advertisement shall be allowed. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. 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. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 11, 2017 Second Reading for the City Council Meeting of July 18, 2017 DATE: June 20, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance - Rezoning Property located at 6746 Aaron Drive CAPTION: Case No. 0617-01 MVR Construction Company: A change of zoning from "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development. The property is described as being Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. PURPOSE: The purpose of this item is to rezone the property to allow construction of single-family homes on approximately 73 lots ranging from 3,892 to 7,760 square foot lots. RECOMMENDATION: Planning Commission and Staff Recommendation (June 14, 2017): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS- 6/PUD" Single -Family 6 District with a Planned Unit Development. Vote Results: For: 8 Against: 0 Absent: 0 Abstained: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development to allow for the construction of single-family homes. The proposed rezoning is compatible with PIanCC and the Southside Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by MVR Construction Company ("Owner"), by changing the UDC Zoning Map in reference to Country Club Estates Unit 20, Block 1, Lot 1, from the "RS -6" Single -Family 6 District to the "RS- 6/PUD" Single -Family 6 District with a Planned Unit Development; 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 MVR Construction Company. ("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, a public hearing was held on Wednesday, June 14, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development, and on Tuesday, July 11, 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 MVR Construction Company ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive (the "Property"), from the "RS -6" Single - Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development (Zoning Map No. 046034), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is Country Club Estates Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development (PUD) granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Country Club Estates Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 73 single-family residences. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 7.71 dwelling units per acre. 3. Lot Size: The minimum size of any lot within the Property development is 3,500 square feet. 4. Setbacks and Lot Width: The minimum street yard is 15 feet. On a corner lot, the street yard may not be less than 5 feet. The minimum lot width may not be less than 44 feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way must be no less than 40 feet in width with a 5 foot sidewalk on one side of the street. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 7. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. 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\0617-01 MVR Construction Company Country Club Unit 20 PUD\Council Documents\Ordina nce_0617-01_MVR Construction Com pany.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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CASE: 0617-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home S Ak4TbG e<<'O SUBJECT PROPERTY -RM-43 LOCATION MAPI City of Corpus Christi Exhibit A Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Owner/Developer MVR Construction Company, a Texas corporation Submitted by Urban Engineering February 22, 2017 Revised: May 3, 2017 111XURBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Exhibit B pg. 1 of 13 M) 0 c z Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Development Description: Country Club Estates Unit 20, Planned Unit Development (PUD) is a proposed single family residence development. The owner is proposing 73 single family residential lots that will be completed in a single phase. The developer is requesting a change of zoning from RS -6 to RS-6/PUD to allow deviations from the Unified Development Code. Deviations will include sidewalks on one side of the streets, 40' Wide Right-of-ways, 15' front yard setbacks, 5' yard setback on street corner, 10' radius at all block corners, minimum lot size of 3,500 square feet, minimum lot width of 44' and 10' side yard adjacent to 20' side yard along Acushnet. This development will complement existing developments in the area. Location Map: 0 Q) 0 0 Drive 0 7 pg. 2 of 13 Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area — 6,000sf Minimum Lot Width — 50' Minimum Street Yard — 25' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 5' Minimum Side Yard (Total) —10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' ROW Width — 50' PUD Requirements Minimum Lot Area — 3,500sf Minimum Lot Width — 44' Minimum Street Yard — 15' Minimum Street Yard (Corner) — 5' Minimum Side Yard — 5' Minimum Side Yard (Total) — 10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on one side Paved Street Width — 28' ROW Width — 40' Amenities to include: Speed Hump 5' Sidewalk Neighborhood Entry Feature and wall with landscape Lower traffic speed (25mph) pg. 3 of 13 Adjacent Land Use and Zoning. Adjacent Land Use/Zoning: North — RS—TF/Townhomes and RS-6/Subdivision South — RS-6/Subdivision East — RS-6/Schanen Ditch West — RS-6/Subdivision Legend: Planned Unit Development (PUD) Boundary Residential Lot Streets Lot Layout 110 120 00 0 120 240 2 Lot 7 Lot 8 Acushnet Drive ` T Lot 20 Lot 30 Lot 29 Lot 28, Lot 27 Lot 26 Lot 25 "4, Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 v Lot 18 ;f Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9® Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 1 Lot 9 Lot 12 Lot 2 Lot 1 Lot 10 Lot 11 Lot 1 //////////////...+Jenniferaka;(ft/Li////////`��������� URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 18P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 4 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: "" Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump Michelle Lane Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 3 Lot 20 Lot 19 Lot 18 Lot 8 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 Vehicular and Pedestrian Access Vehicular Access will be provided via a 28' wide road from back of curb to back of curb. will be wide tied Pedestrian Access provided via 5' sidewalks located on one side of each street as shown. 110 120 00 0 120 240 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 5 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" Required Parking: Planned Unit Development Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 (PUD) Boundary Residential Lot (2 On—site Parking Spaces) Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump 2 Spaces Per Unit Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 110 120 00 0 120 240 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX (361) 854-6001 rn 0 J Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 6 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" 16' Y.R. 1Y 5' RED SOME Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump R0.W. a STREET CL 40' RIG -OF-WAY 2' 5' I 28' BACkL TO -BACK 5' 6' CRaM Y ILLrC 6' 1 CUB 16. YR. 20' Existing Sidewalk - ACUS; "-Existing Sidewalk rTP Lot 30 Lot 20 CRANE OR 110115E FRONT 6' CRUSHED WESIORE 8' E r UE STABILIZED SRBGR/NE a; Typical Street -Section Not to Scale Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 1m 120 00 0 120 240 URBAN ENGINEERING 2725 SRonhrer St., Capes Christ; TX 78404 78P£ Firm No. 145 78PLS Firm No. 10032400 PHONE: (361) 854-3101 FAX: (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 7 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Notes Legerd_ Planned Unit Development (PUD1 Bcineory Notal patted area contains 8.46 Acre.s cf Lard_ (ncluces S_re.e; Dediccticn) 2.) T ewing water for the storm water runoff from this procerty is the Oso s Creek. he TCE3 has not ,3111690 the aqua 'c ife use for the 'ao Creek, but it is recogn.ze.d as c, ervironmentolly sensitive area he Osc Creek flows direct)./ into the Cso Bo ./: The TC -C hos classi`ied the aquatic Lie 9319 for the Oso Bay as exceptional" cnd 'oyster waters' and o3Tegorized the rece.ivinc wa_er as "contact recreaton" use. 3.) Grid Bearings and Distances shown he -eon are referenced to the Texcs Cocrdincte System cf 1883 Texas South Zone 4205, and are cased on the North American Dctum of 183(2011; Epoch 2010.01. 4.) B/ grechie plotting only, tris p,operty is in ZOre "C' on Feod Insurance Rate )lop, Community cane No. X85464 0283 C, CII/ of Copus Ch=esti, Texas, whlo bears ar effect., date of July 18, 1985 and 't is not Ir a Special Food -azod Area. 5.) Tre 43rd require'Ilen T, as dep eTed Is a requirerner1 of this c armed Unit De,loprlent and is sucject to oarge as tre =on 1.g may change. 6.) .Access to Aaron Drive from _ot 1, Block 1, Lots 1, 2, ', 4, 5, E, cck 2 and Lot 6, Block 5 is prohibited. Access_ to Acushnet Drive from Lot 30, Block 4 and Lot 20, Block 5 is prohibited. Access to Lots I Through B, Rim*. , 1 a1 1, Hlor:k 4 and I o1, 71 '.hrclgh 28 10 S..' Wide Alley IF, prohibll ed. Z 401 (M'o'a,os) anua sll!H }nuIDM 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURE CELT. 3LIGLE H DI IS OL 13. CH _,Rwr 111(321)CV./ 1. ENCTH C2 0 C 15 S 35 bW 14.1,' _oral '43,30 se snN 1° sF-A093a 5163 4'E 14.26' 0+ Cs 9911 2L Z .1. '6d `23 'ISA 15 C, 11, 0„ 3 56 15 1 S' 36 'w 111621 24"3/ 21.21' 141,' 8Z 33,3 s27o3A3 snl' A 73n9D S-33836'VV ,I8 C7 61 1AI 99L 137 LL 7P1 9L 3,1 9,. 7° . 1h (/1(L3',9..' c,'(i9"3 99.'9 3n oL 123'50 413 CC' 5404' 5564 17'w ,4.12' L- 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURE CELT. 3LIGLE H DI IS OL 4R3 LENGTH 1E_ 1 CH _,Rwr 111(321)CV./ 1. 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(GIS) Exit ng zorotor, "e„_r Lne (GIS) Existng Gas Line 1:6151 °J„, Existng Fire Hydra rt Existng Scn'itar, Sewer Manhole (o. (,1 o.111 Ris noC s ze1N _ cpzooaH doy{ cZL—ZZl '`1d '£b -loi 8Z Z11 salols3 110 tiryunoC 11eo1H E 101 0, 101 3 n,Ol e lal lL 101 L, 4.1 Ili a1>!A1 ,OZ 3'n tlt 6 '0l 05-0-8,05) anug lauIenov ('m'0'B,00) an1J0 011!H 1nuIDM _n_xal V).Jnoo soanN 10 sp.osed dols S ZZ I'6d 'Gb 'IOA R� 1102 cal. >11 pnlJ <luncJ Z 11o18 101 3 DOI. Ass ,51'664 3.£5,66.19S II. a�1.A1 r LINE L2 L3 L4 BEARING 574152'55"W 5 45'4/ NI E'35'58"4 N73124'02"E DISTANCE 25.70' 25.20' 1620. 16 18 160 120 60 120 240 Gra1p'hic20'Scale =1 Utility Plan Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texas. eunl 81104?i11 n,S CURE (:1 DELTA OGLE 9(1'2(1(]2" RAL US 16 on' 4=_ ENGTH C -ORD BEARING C -ORD LENGTH 2 D0100300'3 10.00' 15 1' S73133'33 4/ "414' 3 9912O299" 1990' 15 S1bl �S"E "42�' _= GS 90'00'00" 000300" 15 00' 10_00' 23 56' 15 1' S7 4 3 4/ 2162 47W 21.2 ' "4.14' C6 020'02" IC.OU' 15 1' 5733- "VJ "4.14' 7 D14'03" 03 6 1 69' 14 47 2 14 T C 'W 447' 0_Oz8 ( '1 (21' _9_31 .;A 12.325C'40" 02 5404S.56143'741 44.12' '.10 92990 19 90 15 1 516121'24'E "414' 011 C12 0'0000 820439" 1000 10.00' 15'1 1433' S7 8 '4/ 721 13041 -414' "3.13' 613 23.43' 10.02' 1..17' 272104'- "4.47' C14 1'0^ 30" 6-1 69' 1221' D 14'17'17'V 2.2" CIS 211'1.5" ( 1 (29' 016 10"35'52" 661.6.' 122.96' OC '47'40`4 "22.78' x'17 752'37" 6E1.69299 97' 508117'34"E JO OD' 218 z 4613 661 .69 31 99 RID _E59W 31.99 3n,s n "3 ns to E M O. . nj.. 0, of mm nii oi � ,�*o m In rf 311 II b II II J \\ 0 Q K J r OU ym T M"0",OS) J. •/p4 MD1/9901'1 ��' 2725 Swontner St., Corpus ChnsO; TX 78404 TBPE Firm No. 145 TBPLS F,'m No. 10032400 PHONE (361) 854-3101 FAX' (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.B7.01 SHEET: 9 of 13 6=t; DRAWN BY: XG • 578 Inch Iron Rod Found /P looh Iron Rod 'tl Invlirono oOtro ped "URBAN ENGR CCD'' Set Mag Nail with usher stamped "URBAN .NCR CCT);" Sat W (0. an n o� bpm So - with pl02tle cop stamped "BRISTER SURVEYING" Found urbansurveyl @urbaneng.com 21 8 lol o!S 00oz4 M.oz Al 100 0000nN spiooaa Told 'OLS -699 6d L7 1104 asoyd s6oIIlA 1 6/ yam L doe16 0 sem« R.- _ GA!J4 pu1M Jaww S 101Z, ,0.5, (01Z) ms, 01 ( 3'3,6 mo 1 3'(LOZ .l9 01 oaoi 'tp,noo s cant 10 sro oed- doyi 1LC4 6d L9 10As ( -scud 067111 P,A, saw L l 11-•18 99 107 123 11'18 • Legend_ Planned Unit Development (PULS Bcineory Proposed Sanitary Sevier ine Proposed Sanitary Sevier ,Ionhole Evisting San'itcr3 Sevier Line Evisting San'itcr3 Sevier Merhole • 5/8 Inch rcn Rod Found O 5/3 Hch ran Rod w'ita plastic cap sapped "UFEAN ENGR GGTT" Set 9 Mag Nall v,'th ashen s amped JSEAN ENGR CCD0 Set Bnste• 5/8 Inch ran Rod wita plastic cap stamped "BRISTER SUR4ELI N6` round ('M'0'o,06) an0a SII!H }nuloM _oral 'laro se e0N to spoeea doW 2G ZZl Sd `26 'ICU 8Z Liu^ sa,osE cn1� r:,u noC 018 61 Lal "aL lol LL lol 9L ,ol co 2 (»J '3 L101 ss (-800,00) anu0 lauyenoy ,S9•er, ('800,00) anu0 p3oe9'j sc69 — .L9S s xel 0i4uno0 c -arN 10 cp�o�ay dcVi 2ZL-ZZL 'fid '2b l03` 8Z yen sayoLsE 9017 /�LuroO IooIH SL lol e 70l (-s1 L lol 3 n,ol rale/ =pLna ,oz i 6 10- 2L L0l ,ol non) 1311V aSSA ,D7. --,4['664 3.£5,64.L9S -l'n -'35 ?J -ASL LI \E L2 L3 L4 TARING DISTANCE 57'53'W 25.00' S85'3V'4'W 25.00' 16'35'580W 1420' \73'24'02 11408' 180 120 60 aunt 61LBL09.1 Grephic0=120'le Sca Utility Plan - Sanitary Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club or„L�r Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE C.1 DELT, =LIGLE cr” R DUS 1 OL ARC LENGTH 1A- 1 CR _,RING 111(321 )1v/ aENGTR C2 C C 15 S7 35 6 /1 141,' 5163 4 E 1426' C -L CS 01,0100:'," C " 150 1D C 356 15 1 S' 36 'TV 1116'21'24'4/ 21 21' 141L' 573 7 ' "/1, 14.1,' C7 1'14'03" 671.69' 1447' N1,23'1,34/ 14.47' CH ^'A^'1h 6/1-69'99'i Sn1-'6'L9"1- 99.1' C9 123'5047" 25.00' 54.04' S56'43'I-'TV ,4./2' 516'21'24"E 14.1,' 011 012 9G`CG'OC" 32'04'39" 1100' 17-00' 15-I' 14-33' -3'38'3G'W 1120'1'9'14'4/ 14.1=' 13-13' G'13 2 94=" I J C„' 13.17' N72 43'E 14.47' C14 1'02'30" 671 69' 1221' NI 17 '7V/ 12.21' (/1 69' 2 JC; 016 1' 50 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7".52'3-” 331 39' '_, 97' SO6' 17 34"E '70.96' C18 ?' 46 13 S3 4/ 31.99 L 3 CO O- N rD Of I�IiV rD p In Nf 11 II II n CO p o l i0 - 30 ('8'0'21,05) eApa MENSUBJ3 ENG II IN EER NG 2725 Swontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 0 Lr/r,rss F991 „e,1 SCALE: 1"=120' 0J92.1,6 ENGR CCT, Set JOB NO.: 40706.87.018;;",°=h,1 ;ped 6lEAN ENGR CCD Sot SHEET: 10 of 13 Best ; 578 laah ran Rod DRAWN BY: XG °''taplastic Cep stamped "BRISTER SUk4EY1NC" - uad urbansurveyl ©urbaneng.com • 578 Iaah ran Rod Found W at- r."7 n n oCn Cn CN Nq CO 0 0 10 2 10 1-3 Nrn N8 Nq alp 668 1050 6,8 O5 m.9, nns inn 00'O44 M.OZ.OS.L9N' 6Luaa, en, 1a aae. doz/ 'Coro '6d 'L9 ien Cyd asouA pu, L. >I 013 °L , N d o -aa 1Vl L € 1, 66 LoLL L _ aEoH, Pu!/9 ee.t.:ns L Lleala 2 10- h ,al 00!3 M�f eawwns l�,uo'<" n,S N48 0,5 to OL N9 lol L l0l -mY Legend_ Planned Unit Development (PDDI Bcineory Pr po_Ed N'ct..r Line Proposed =ire Hydrant EmEtin4 Neterline (GIS; Existing Eie Hy&En: 3 401 un) vel ('Mto'a,os) anuq all!H 1nOIDM ve. r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E 1n,cz _oral '4'0,0 doll 2L 8Z Liu^ s27°0A3 AENCTH G2 CC` I D.00' s&anN 1° sr-Aoaaa ZZl '0d 2b 'VGA cn1^ A EHAGE S 35 6'W 14.1,' Z. ,18 5163.54"E 61 1A1 EL 1°1 LL 1.1 90- 7°l E. 7° 5733 36 4 14.1,' 3 n01 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' \ F r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E ARC LENGTH 1ti_'1 CH _nRwr 1111,ci J13/ AENCTH G2 CC` I D.00' 15 1' S 35 6'W 14.1,' 5163.54"E 14.2' C+ 45 96`0250' 9D C7'OC" 15 0C' 1D OC' 23 56' 15-1' '3'38'36'/1 1116'21'24'4/ ^_1.21' 1410-' 5733 36 4 14.1,' C7 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' CH F (/1(.999 4 ;O,t 9'1- 99.1' G9 123'50 41A 25.00 54.04' 6 45 1 ; V ,4.12' 410 2'CC" 12CC' 15.71' E16'21'24"E 14.1,' C11 412 GLEE:AOC" E2 C4'39" 1200' 1D OC' 15'1' 14.33' '3'38'36'/1 1120'1'9'14'4/ 14.1=' 13.13' G'13 9239'4H" 1J.CAE' 16.17' N72'15'43'E 14.47' C14 1'02'30" 671.69' 1221' NI&IT 7V/ 12.21' 416 1' _ 361 69' 122.56' N09'40'40 '4/ 122.78' 017 7 5 37" 661 6'J' EJ 97' SO6'17'34"E 'JO "JO' C18 ? 46 13 661.69 99 N 36S4 3/ 31.99 AaIfC aP11A ,D� eunl ail q W 1n 33,50- 100 0 0 c H'M'0%,05) OAIJ4 MINSUOJ3 ENG II IN EER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 1G,,h REd1 SCALE: 1"=120' AN EN°R CCD Set JOB NO.: 40706.87.01 s°=hzf°'sa�Ped "UlEAN ENCR CCT); Set SHEET: 11 of 13 fins/; 5781N ren Rod DRAWN BY: XG Gitn plastic cap stamped "6RISTER SURAEEINC' urbansurveyl ©urbaneng.com • 578 Inch ran Rod Found 3,1 c+� 007011 9 n.c ID N'°n Nn N0 Nm 1080 0-8 4-1 (M'o'a,oa) anpa aloe�j scss — lel 00'OZ1 C tin MLOZ.g.1.9N snEEL AL'„ °, 0,a0r1 ,° sUeaa. do/1 'L06 '6d '0-9 i°� po!n1 , s °x 0- 1 N 4 1, °-aa 1 EV1 L 6a 6d L L e°Ia 4°- 701 1,SE '110 a,os) an00 pu!M Jaww S n,S me _L 451 Legend_ Planned Unit Development (PUD1 Bcineory n.. Pr-po—d A -aim Scv, _r LE\ Propos-d Slot Inlet e Propos-d Storm Ecv,_r 6anholc (_ro Exi_tng Storrs Sen er Linc i1;I8i - Existing Elct Inlet Existing Storrs Sen er Nanhcc Z 701 ('M'0'a,os) an0a sll!H }nuloM 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE 1 P,OZ CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' _oral ' an cq0 se a0 to spdoaaa 5163. 54'E 14.20' C -L 45 doll 2L ZZ1 '6d 20 'ICA 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' 8Z 1'u^ sa7os3 cnP R zIa 7 n5O 61 1u1 EL 101 LL 1.1 9L 70l E. 70 471.49' 1447' 31,'23\33 V/ 14.47' CS 31101 6/1-69'99'i t,1-'1 9"1- 99.1' G9 L 25.00' 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE =RC LENGTH 1ti 1 CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' 5163. 54'E 14.20' C -L 45 96`06'00' 97'0700" 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' G'6 X3'00" 13.00' 15.71' 573'38'36W 14.1,' C7 1'14'03" 471.49' 1447' 31,'23\33 V/ 14.47' CS 1h 6/1-69'99'i t,1-'1 9"1- 99.1' G9 123'5047" 25.00' 54.04' 556'43'1 -'TV ,4.12' 516'21'24"E 14.1,' 011 212 G3'C6'OCE 82'04'39" I3 OLE 17-00' 15'1' 14-33' -3'38'3G" \N N20'1'9'14'4/ 14.1=' 13-13' G'13 9239'48" 13.00' 13.17' 372'18'43'E 14.47' C14 1'02'30" 471.49' 1221' NI&IT 7V/ 12.21' (:1ti .11 (/1(:9'2 „IL ; G16 1' _ 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7 '.52'3-A 331 3'3' J2! 97' S06'17'34"E '30.30' C18 ?'4613 C61. C9 99 N lee'tee ee y/ et ee Ra11C aEq. ,07. eun1 alL0401i A,S •_)-c 0 fD CB I�IN ,naro�=vt°i , onrIIII II p II II m QKJf C) C.) 30' 8/624 MENSUOJ3 0 o_ Lei ENG NEER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17; ,18;11 r RE11 r/a1 SCALE: 1"=120' .4CCD 6 ENOP C' Set JOB NO.: 40706.87.01 8 °=hz�elsa�ped SHEET: 12 of 13 'LjZE9N ENER GGT Set Bn—. 578Inch n Rod DRAWN BY: XG �,itn plasticran stamped "6RISTER SUR\ EYING' urbansurveyl ©urbaneng.com • 578 I.h ran Rod Found 3 122 SZ 3nie,,S- n.c 1Oj^ N 8 N° CO 10 1-3 Lz N5 O N N5 Mo N N N N o, Mo Lnt 5 _ELLIS 22. w m N ect n5 S28'38 36'W 1068.67 0) 5n AA „Op (EL H LSI lel 00.OZb n,S MLOZAS.l9NT n.EL c' 1 LAE&oG s acN Jo splma. do // 'L06 6d 'L9zlo c o L o oyd a5olls po!0/ d b S L. N5.13 8x1 1 zqqqq N sr,Aqq1 ° 1 EV1 L 69 6d 'L9 qA L asoLL, .96/1E PH/L\ gal Eng L .15518 2 10_ L. 701 A,SZ *w0-0,00) 8/!24 pu!M 2aununs cc, loL) mb� von-� rn5 22'22 219 kat 451 Open Space Calculations: Total area of residential Lots 325,832sf 73 Total Units 325,832sf/73 = 4463.45sf (average of total area per lot) Average of developed area per footprints below 2279.50sf 2279.50 amounts to 51.07% open space Required open space is 30% Total Area of Development = 9.46 acres Density of Development is 7.71 units per acre 45.00' O O 15'Y.R. 5'U.E. 10' 2ONCRETE. DRIVE 5'U.E. 16.00' • 3' WALK 5' O O 15'Y.R. 45.00' 5'U.E. O O 15'Y.R. 5'U.E. 5'U.E FLARED 45.00' v /APPROACH \ Typical House Plan 'A' Typical House Plans 1"=5' 0) 15.33' 10' pONCRETE DRIVE 16.00' O 15'Y.R. 3' CURVED SIDEWALK 5'U.E. FLARED APPROACH ' Tied Sidewalk 3' Typical House Plan 'B' Revised: 5/3/17 URBANSubmitted: 2/22/17 SCALE: 1"=5 ENGINEERING JOB NO.: 40706.87.01 2725 Swonfer St., Comas Christ; >x 78404 SHEET: 13 of 13 18PE Firm No. 145 18PLS Firm No. 10032400 PHONE • (361) 854-3101 FAX (361) 854-6001 DRAWN BY: XG urbansurveyl ®urbaneng.com Zoning Case #0617-01 MVR Construction Company From: "RS -6" Single -Family 6 District To: "RS-6/PUD" Single -Family 6 District with a Planned Unit Development City Council Presentation July 11, 2017 Aerial Overview Subject Property at 6746 Aaron Drive N Planned Unit Development (PUD) etiere u.. e.a z Adjacent Land Use/Zoning: North — RS—TF/rownhomes and NS-6/Subdivision South — RS-6/Subdivision East — RS-6/Schanen Ditch West — RS-6/Subduislon 0 0; acushnet Drive CIE CIE CIE Lot 20 Lot 19 Lot 10 Lot Lot 5C) Jet Lot 20 of 19 18 Lot 17 Lot 13 170 IDD Lo: 11 Lot 1010 9 Lot 0 Lot Lot 5 Lot 4 L. 3 Loc 2 d I PUD Profile: • 73 Lots • Range: 3,892 — 7,760 sf. • Avg. Lot Size: 4,463 sf. • Avg. Home: 2,279 sf. • Density: 7.71 du/ac Additional Lot Details: • Smallest Lot: 3,892 sf. • Largest Lot: 7,760 sf. • Median: 4,050 sf., 35 Lots = 48%, • 9 Lots < 4,000 sf. • 60% less than 4,050 sf. Planned Unit Development (PUD) Lot 20 Lot 19 Lot 16 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Loi 11 Lot 10 Lot 9®5 Lot 6 Lot? Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 Amenities: • Speed Reduction (25 mph) • Speed Hump • 5' Sidewalk (1 side of street) • Neighborhood Entry Feature with Landscaping Planned Unit Development (PUD) Minimum Dimensions "RS -6" District Standards "RS -4.5" District Standards Proposed PUD Deviation Lot Area 6,000 sf. 4,500 sf. 3,500 sf. Yes Minimum Lot Width 50 ft_ 45 ft. 44 ft. Yes Street Yard 25 ft. 20 ft. 15 ft. Yes Street Yard (Comer) 10 ft. 10 ft. 5 ft. Yes Side Yard 5 ft. 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 30% 30% 30% No Maximum Height 35 ft 35 ft. 35 ft. No Paved Street Width 28 ft 28 ft. 28 ft_ No R.O.W. Width 50 ft. 50 ft. 40 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 6 -in. curb & gutter No Parking Requirement 2 spaces per unit 2 spaces per unit 2 spaces per unit No Sidewalks 5 ft. on both sides 5 ft. on both sides 5 ft. on one side Yes Planned Unit Development (PUD) GARAGE OR HOUSE FRONT 15' Y.R. R.O.W. CL STREEf CL 1' 40' RIGHT-OF-WAY 28' BACk-TO-BACK 15' Y.R. 17' 5' CROWN 5' TIED SIDEW LK 6' 'L' CURB yw, T- -1STORM SEWER T SANITARY SEWER 2' HMAC 20' GARAGE OR HOUSE FRONT 6' CRUSHED LIMESTONE 6" L CURB 5' 8" LIME STABILIZED SUBGRADE o W WATER'1" 7 Planned Unit Development (PUD) 1 SY.R. CONCRETE 0 m oo' 5 L. WALK 0 5' R 43.UU 15.33' 5'L.E S'UL FLAReD 45C'3 'Pe°Ail LHL Typical House Plan 'A' ETE LE 0 cn 15Y.R 3' CURED SIDEWALK 5'u.E. XL: H Side3IL Typical House Plan 'B' 8 Planning Commission and Staff Recommendation Approval of the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development PLANNING COMMISSION FINAL REPORT Case No. 0617-01 INFOR No. 17ZN1003 Planning Commission Hearing Date: June 14, 2017 Applicant & Legal Description Owner: MVR Construction Company Applicant/Representative: Urban Engineering Location Address: 6746 Aaron Drive Legal Description: Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RS-6/PUD" Single -Family 6 District with a Planned Unit Development Area: 9.46 acres Purpose of Request: To allow for the construction of single-family homes on approximately 73 lots ranging from 3,892 to 7,760 square foot lots. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 Vacant (Former Park) Medium Density Residential North "RS -6" Single -Family 6 and "RS -TF" Two Family Low Density Residential and Medium Density Residential High Density Residential and Medium Density Residential South "RS -6" Single -Family 6 Low Density Residential Medium Density Residential East "RS -6" Single -Family 6 and Drainage Ditch Low Density Residential, Drainage Corridor, and Park Medium Density Residential, Drainage Corridor, and Park West "RS -6" Single -Family 6 Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No.: 046034 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 1,435 feet of street frontage along Aaron Drive which is designated as a "01" Minor Residential Collector Street and approximately 230 feet of street frontage along Acushnet Drive which is also designated as a "01" Minor Residential Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Aaron Drive "01" Minor Residential Collector 60' ROW 40' paved 90' ROW 20' paved N/A Acushnet Drive "01" Minor Residential Collector 60' ROW 40' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development to allow for the construction of single-family homes on approximately 73 lots ranging from 3,892 to 7,760 square foot lots Development Plan: The subject property is comprised of 9.46 acres and is proposed to be subdivided into seventy-three (73) single-family lots within the Planned Unit Development (PUD). The density proposed is approximately 7.71 units per acre. The 73 lots will range in area between 3,892 and 7,760 square feet in size. Vehicular access will be provided by a reduced public right-of-way of 40 feet while maintaining a 28 foot paved street width. Pedestrian access will be provided by a 5 foot sidewalk on one side of the street. The PUD amenities include a lower traffic speed limit of 25 miles per hour (mph), 5 foot sidewalk, a neighborhood entry feature and wall with landscaping, and a speed hump. A standard parking space requirement of 2 spaces per unit will be met. The development proposes to maintain the 30% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS -6" Single -Family 6 District, the "RS -4.5" Single -Family 4.5 District, and notes all necessary deviations from the UDC being requested by the applicant. Staff Report Page 3 Minimum Dimensions "RS -6" District Standards "RS -4.5" District Standards Proposed PUD Deviation Lot Area 6,000 sf. 4,500 sf. 3,500 sf. Yes Minimum Lot Width 50 ft. 45 ft. 44 ft. Yes Street Yard 25 ft. 20 ft. 15 ft. Yes Street Yard (Corner) 10 ft. 10 ft. 5 ft. Yes Side Yard 5 ft. 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 30% 30% 30% No Maximum Height 35 ft. 35 ft. 35 ft. No Paved Street Width 28 ft. 28 ft. 28 ft. No R.O.W. Width 50 ft. 50 ft. 40 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 6 -in. curb & gutter No Parking Requirement 2 spaces per unit 2 spaces per unit 2 spaces per unit No Sidewalks 5 ft. on both sides 5 ft. on both sides 5 ft. on one side Yes Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and is vacant land. The site was formerly Acushnet Park and was sold by the City of Corpus Christi in November of 2016. To the south and west are properties zoned "RS -6" Single -Family 6 District comprised of single-family residences. To the east is Schanen Ditch consisting of a 105 foot drainage right-of-way and a depth of 9.17 feet. On the other side of Schanen Ditch are single-family residences zoned "RS -6" Single - Family 6 District including Snead Park which was established in 1973 and is 3.68 acres in size. To the north is a single cul-de-sac street (Walnut Hills Drive) zoned "RS -TF" Two Family District and consists of multiple duplex and townhome style developments. Additionally, there are single-family residences zoned "RS -6" Single -Family 6 District across Acushnet Drive. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. However, the property will be replatted as part of the Planned Unit Development (PUD) rezoning process. 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 "RS-6/PUD" Single -Family 6 District with a Planned Unit Development is consistent with the adopted Southside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 4 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is compatible with PIanCC and the Southside Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes and right-of-way width, while still observing minimum street pavement widths, maximum building heights, parking requirements, and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites, in this case a former City park. • The property is designated as per the future land use as medium density residential. As per PIanCC, medium density residential consists of between 4 and 13 units per acre. The proposed PUD is set as approximately 7.71 units per acre and is therefore in compliance with the future land use designation. • The average lot size is approximately 4,463 square feet with an average building footprint of approximately 2,279 square feet. • The typical street standard for a local/residential street is a 50 foot wide right-of-way with a 28 foot wide paved street surface. The applicant is requesting a reduced right- of-way width of 40 feet with a 28 foot wide paved street surface. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable. Planning Commission and Staff Recommendation (June 14, 2017): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -6" Single -Family 6 with a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Country Club Estates Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 73 single-family residences. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 7.71 dwelling units per acre. Staff Report Page 5 3. Lot Size: The minimum size of any lot within the Property development is 3,500 square feet. 4. Setbacks and Lot Width: The minimum street yard is 15 feet. On a corner lot, the street yard may not be less than 5 feet. The minimum lot width may not be less than 44 feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way must be no less than 40 feet in width with a 5 foot sidewalk on one side of the street. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 7. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstained: 1 Public Notification Number of Notices Mailed — 60 within 200 -foot notification area 5 outside notification area As of June 9, 2017: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.68% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0617-01 MVR Construction Company Country Club Unit 20 PUD\Council Documents\CC Report_0617-01_MVR Construction Company.docx CASE: 0617-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home S Ak4TbG e<<'O SUBJECT PROPERTY -RM-43 LOCATION MAPI City of Corpus Christi Exhibit A Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Owner/Developer MVR Construction Company, a Texas corporation Submitted by Urban Engineering February 22, 2017 Revised: May 3, 2017 111XURBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Exhibit B pg. 1 of 13 M) 0 c z Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Development Description: Country Club Estates Unit 20, Planned Unit Development (PUD) is a proposed single family residence development. The owner is proposing 73 single family residential lots that will be completed in a single phase. The developer is requesting a change of zoning from RS -6 to RS-6/PUD to allow deviations from the Unified Development Code. Deviations will include sidewalks on one side of the streets, 40' Wide Right-of-ways, 15' front yard setbacks, 5' yard setback on street corner, 10' radius at all block corners, minimum lot size of 3,500 square feet, minimum lot width of 44' and 10' side yard adjacent to 20' side yard along Acushnet. This development will complement existing developments in the area. Location Map: 0 Q) 0 0 Drive 0 7 pg. 2 of 13 Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area — 6,000sf Minimum Lot Width — 50' Minimum Street Yard — 25' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 5' Minimum Side Yard (Total) —10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' ROW Width — 50' PUD Requirements Minimum Lot Area — 3,500sf Minimum Lot Width — 44' Minimum Street Yard — 15' Minimum Street Yard (Corner) — 5' Minimum Side Yard — 5' Minimum Side Yard (Total) — 10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on one side Paved Street Width — 28' ROW Width — 40' Amenities to include: Speed Hump 5' Sidewalk Neighborhood Entry Feature and wall with landscape Lower traffic speed (25mph) pg. 3 of 13 Adjacent Land Use and Zoning. Adjacent Land Use/Zoning: North — RS—TF/Townhomes and RS-6/Subdivision South — RS-6/Subdivision East — RS-6/Schanen Ditch West — RS-6/Subdivision Legend: Planned Unit Development (PUD) Boundary Residential Lot Streets Lot Layout 110 120 00 0 120 240 2 Lot 7 Lot 8 Acushnet Drive ` T Lot 20 Lot 30 Lot 29 Lot 28, Lot 27 Lot 26 Lot 25 "4, Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 v Lot 18 ;f Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9® Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 1 Lot 9 Lot 12 Lot 2 Lot 1 Lot 10 Lot 11 Lot 1 //////////////...+Jenniferaka;(ft/Li////////`��������� URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 18P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 4 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: "" Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump Michelle Lane Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 3 Lot 20 Lot 19 Lot 18 Lot 8 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 Vehicular and Pedestrian Access Vehicular Access will be provided via a 28' wide road from back of curb to back of curb. will be wide tied Pedestrian Access provided via 5' sidewalks located on one side of each street as shown. 110 120 00 0 120 240 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 5 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" Required Parking: Planned Unit Development Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 (PUD) Boundary Residential Lot (2 On—site Parking Spaces) Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump 2 Spaces Per Unit Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 110 120 00 0 120 240 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX (361) 854-6001 rn 0 J Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 6 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" 16' Y.R. 1Y 5' RED SOME Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump R0.W. a STREET CL 40' RIG -OF-WAY 2' 5' I 28' BACkL TO -BACK 5' 6' CRaM Y ILLrC 6' 1 CUB 16. YR. 20' Existing Sidewalk - ACUS; "-Existing Sidewalk rTP Lot 30 Lot 20 CRANE OR 110115E FRONT 6' CRUSHED WESIORE 8' E r UE STABILIZED SRBGR/NE a; Typical Street -Section Not to Scale Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 1m 120 00 0 120 240 URBAN ENGINEERING 2725 SRonhrer St., Capes Christ; TX 78404 78P£ Firm No. 145 78PLS Firm No. 10032400 PHONE: (361) 854-3101 FAX: (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 7 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Notes Legerd_ Planned Unit Development (PUD1 Bcineory Notal patted area contains 8.46 Acre.s cf Lard_ (ncluces S_re.e; Dediccticn) 2.) T ewing water for the storm water runoff from this procerty is the Oso s Creek. he TCE3 has not ,3111690 the aqua 'c ife use for the 'ao Creek, but it is recogn.ze.d as c, ervironmentolly sensitive area he Osc Creek flows direct)./ into the Cso Bo ./: The TC -C hos classi`ied the aquatic Lie 9319 for the Oso Bay as exceptional" cnd 'oyster waters' and o3Tegorized the rece.ivinc wa_er as "contact recreaton" use. 3.) Grid Bearings and Distances shown he -eon are referenced to the Texcs Cocrdincte System cf 1883 Texas South Zone 4205, and are cased on the North American Dctum of 183(2011; Epoch 2010.01. 4.) B/ grechie plotting only, tris p,operty is in ZOre "C' on Feod Insurance Rate )lop, Community cane No. X85464 0283 C, CII/ of Copus Ch=esti, Texas, whlo bears ar effect., date of July 18, 1985 and 't is not Ir a Special Food -azod Area. 5.) Tre 43rd require'Ilen T, as dep eTed Is a requirerner1 of this c armed Unit De,loprlent and is sucject to oarge as tre =on 1.g may change. 6.) .Access to Aaron Drive from _ot 1, Block 1, Lots 1, 2, ', 4, 5, E, cck 2 and Lot 6, Block 5 is prohibited. Access_ to Acushnet Drive from Lot 30, Block 4 and Lot 20, Block 5 is prohibited. Access to Lots I Through B, Rim*. , 1 a1 1, Hlor:k 4 and I o1, 71 '.hrclgh 28 10 S..' Wide Alley IF, prohibll ed. Z 401 (M'o'a,os) anua sll!H }nuIDM 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURE CELT. 3LIGLE H DI IS OL 13. CH _,Rwr 111(321)CV./ 1. ENCTH C2 0 C 15 S 35 bW 14.1,' _oral '43,30 se snN 1° sF-A093a 5163 4'E 14.26' 0+ Cs 9911 2L Z .1. '6d `23 'ISA 15 C, 11, 0„ 3 56 15 1 S' 36 'w 111621 24"3/ 21.21' 141,' 8Z 33,3 s27o3A3 snl' A 73n9D S-33836'VV ,I8 C7 61 1AI 99L 137 LL 7P1 9L 3,1 9,. 7° . 1h (/1(L3',9..' c,'(i9"3 99.'9 3n oL 123'50 413 CC' 5404' 5564 17'w ,4.12' L- 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURE CELT. 3LIGLE H DI IS OL 4R3 LENGTH 1E_ 1 CH _,Rwr 111(321)CV./ 1. ENCTH C2 0 C 15 S 35 bW 14.1,' 5163 4'E 14.26' 0+ Cs gi,LCLIAC,C3 9D CD'OC" 15 C, 11, 0„ 3 56 15 1 S' 36 'w 111621 24"3/ 21.21' 141,' S-33836'VV 14.1,' C7 1'14'033 671 69' 14 47' N I 23 13.4/ 14.47' CH . 1h (/1(L3',9..' c,'(i9"3 99.'9 C9 123'50 413 CC' 5404' 5564 17'w ,4.12' 51621 24 E 14.1,' CII C12 gi,LCLIAC,C3 E2 430 1 3 OC' 11, OC' 15'1' 14-33' S' 36 'w 112019'1,4 '3/ 14.1=' 13.13' 0'13 9234'43" I3 .00' 16.17' 37219'43'E 14.47' C14 1'02'30" 671.69' 1221' 111,17"7"/3 12.21' (/169'321. 1.11 �'i�'"R"VJ 0JCC' c I6 1 J 18'30` 361.69' 122.56' N09'40'40 '3/ 122.78' CI 752'37" 3E13_1'D_, 37' 506'17'34"E '30.90' CI6 ?'4613 661.69 99 r] .76'54 /3 31.99 399— nn,173, l I IN NP ('8'0'88S) 0nua MINSUBJ3 ENG II II VI E E 11 O NG 2725 Swontner St., Corpus Christi TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 l 199,,, RL11.1.,9 SCALE: 1"=120' 36 ENof CCT, Set JOB NO.: 40706.87.01 s washer sanped '113Es1N ENCR CCT3 Sot • 5/8 Hch rorL Rd Found SHEET: 8 of 13 DRAWN BY: XG ult, plastrc cap stamped "6RISTER SUk4EYINC° urbansurvey1 ©urbaneng.com f 3n/'21's,91cs 101 mP 00333 110 Nm 33'98 9090 10 3„9o,m.us a a 00 NP 00033,31 .999,3 no" 00333 �5 3,33293 05 .00 a0 9,3 0015 CO '33 rn� tPr 33333993 05 1.S �5 3n/211,7- - MN ,00'06 �5 .03'331 ,00'06 0 0 .039331 Oo ,00'06 n 3 03 0 09 b3 ,00'06 83 .039331 ,6,1.23 005 ,06'96 .4- ,039331 .03'331 0.15 ,oc'os �Z,IZ.I c4 .00'05 3,/'21-,..91-�v sop doM isituuap L 00OL 3 n,S oo'sc3 33 3b NO St 93'13 90'13 00 M.OZ. .1911 Al9ro0 a,N ,0 sp�919a. 99,1 'Corod 'L9 19A oyd 3s9us 9uur L, alb 3x9 1 N4 -aa ° 1 V1 L 6a 6d L - A _ 3E111L P ,n .1a3 , n3 L 4n°1e 413- P 401 o-a,os) a4pa pu!M JauJusnis of 13'38 9 k'3 431 Legend: Plcnned Uric Deve oprnert (PUD) Boundo-y a�-d Mar Scwcr L1n_ Propoe_d Slot edit I(}I HopOs_d St. rr Scwcr N_mho Proposed Water L-ne Proposed Sanitcry Sewer Line • Proposed Sanitcr) Sewer Marhole Proposed F'i.e Hydren: hxi1ro, ;loan sewer m (GI;) hxitirng ;101 rdet ▪ xititng sl,rrn Sew, tlrnhole (gyp Eai t -ng Wats.1 no. (GIS) Exit ng zorotor, "e„_r Lne (GIS) Existng Gas Line 1:6151 °J„, Existng Fire Hydra rt Existng Scn'itar, Sewer Manhole (o. (,1 o.111 Ris noC s ze1N _ cpzooaH doy{ cZL—ZZl '`1d '£b -loi 8Z Z11 salols3 110 tiryunoC 11eo1H E 101 0, 101 3 n,Ol e lal lL 101 L, 4.1 Ili a1>!A1 ,OZ 3'n tlt 6 '0l 05-0-8,05) anug lauIenov ('m'0'B,00) an1J0 011!H 1nuIDM _n_xal V).Jnoo soanN 10 sp.osed dols S ZZ I'6d 'Gb 'IOA R� 1102 cal. >11 pnlJ <luncJ Z 11o18 101 3 DOI. Ass ,51'664 3.£5,66.19S II. a�1.A1 r LINE L2 L3 L4 BEARING 574152'55"W 5 45'4/ NI E'35'58"4 N73124'02"E DISTANCE 25.70' 25.20' 1620. 16 18 160 120 60 120 240 Gra1p'hic20'Scale =1 Utility Plan Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texas. eunl 81104?i11 n,S CURE (:1 DELTA OGLE 9(1'2(1(]2" RAL US 16 on' 4=_ ENGTH C -ORD BEARING C -ORD LENGTH 2 D0100300'3 10.00' 15 1' S73133'33 4/ "414' 3 9912O299" 1990' 15 S1bl �S"E "42�' _= GS 90'00'00" 000300" 15 00' 10_00' 23 56' 15 1' S7 4 3 4/ 2162 47W 21.2 ' "4.14' C6 020'02" IC.OU' 15 1' 5733- "VJ "4.14' 7 D14'03" 03 6 1 69' 14 47 2 14 T C 'W 447' 0_Oz8 ( '1 (21' _9_31 .;A 12.325C'40" 02 5404S.56143'741 44.12' '.10 92990 19 90 15 1 516121'24'E "414' 011 C12 0'0000 820439" 1000 10.00' 15'1 1433' S7 8 '4/ 721 13041 -414' "3.13' 613 23.43' 10.02' 1..17' 272104'- "4.47' C14 1'0^ 30" 6-1 69' 1221' D 14'17'17'V 2.2" CIS 211'1.5" ( 1 (29' 016 10"35'52" 661.6.' 122.96' OC '47'40`4 "22.78' x'17 752'37" 6E1.69299 97' 508117'34"E JO OD' 218 z 4613 661 .69 31 99 RID _E59W 31.99 3n,s n "3 ns to E M O. . nj.. 0, of mm nii oi � ,�*o m In rf 311 II b II II J \\ 0 Q K J r OU ym T M"0",OS) J. •/p4 MD1/9901'1 ��' 2725 Swontner St., Corpus ChnsO; TX 78404 TBPE Firm No. 145 TBPLS F,'m No. 10032400 PHONE (361) 854-3101 FAX' (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.B7.01 SHEET: 9 of 13 6=t; DRAWN BY: XG • 578 Inch Iron Rod Found /P looh Iron Rod 'tl Invlirono oOtro ped "URBAN ENGR CCD'' Set Mag Nail with usher stamped "URBAN .NCR CCT);" Sat W (0. an n o� bpm So - with pl02tle cop stamped "BRISTER SURVEYING" Found urbansurveyl @urbaneng.com 21 8 lol o!S 00oz4 M.oz Al 100 0000nN spiooaa Told 'OLS -699 6d L7 1104 asoyd s6oIIlA 1 6/ yam L doe16 0 sem« R.- _ GA!J4 pu1M Jaww S 101Z, ,0.5, (01Z) ms, 01 ( 3'3,6 mo 1 3'(LOZ .l9 01 oaoi 'tp,noo s cant 10 sro oed- doyi 1LC4 6d L9 10As ( -scud 067111 P,A, saw L l 11-•18 99 107 123 11'18 • Legend_ Planned Unit Development (PULS Bcineory Proposed Sanitary Sevier ine Proposed Sanitary Sevier ,Ionhole Evisting San'itcr3 Sevier Line Evisting San'itcr3 Sevier Merhole • 5/8 Inch rcn Rod Found O 5/3 Hch ran Rod w'ita plastic cap sapped "UFEAN ENGR GGTT" Set 9 Mag Nall v,'th ashen s amped JSEAN ENGR CCD0 Set Bnste• 5/8 Inch ran Rod wita plastic cap stamped "BRISTER SUR4ELI N6` round ('M'0'o,06) an0a SII!H }nuloM _oral 'laro se e0N to spoeea doW 2G ZZl Sd `26 'ICU 8Z Liu^ sa,osE cn1� r:,u noC 018 61 Lal "aL lol LL lol 9L ,ol co 2 (»J '3 L101 ss (-800,00) anu0 lauyenoy ,S9•er, ('800,00) anu0 p3oe9'j sc69 — .L9S s xel 0i4uno0 c -arN 10 cp�o�ay dcVi 2ZL-ZZL 'fid '2b l03` 8Z yen sayoLsE 9017 /�LuroO IooIH SL lol e 70l (-s1 L lol 3 n,ol rale/ =pLna ,oz i 6 10- 2L L0l ,ol non) 1311V aSSA ,D7. --,4['664 3.£5,64.L9S -l'n -'35 ?J -ASL LI \E L2 L3 L4 TARING DISTANCE 57'53'W 25.00' S85'3V'4'W 25.00' 16'35'580W 1420' \73'24'02 11408' 180 120 60 aunt 61LBL09.1 Grephic0=120'le Sca Utility Plan - Sanitary Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club or„L�r Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE C.1 DELT, =LIGLE cr” R DUS 1 OL ARC LENGTH 1A- 1 CR _,RING 111(321 )1v/ aENGTR C2 C C 15 S7 35 6 /1 141,' 5163 4 E 1426' C -L CS 01,0100:'," C " 150 1D C 356 15 1 S' 36 'TV 1116'21'24'4/ 21 21' 141L' 573 7 ' "/1, 14.1,' C7 1'14'03" 671.69' 1447' N1,23'1,34/ 14.47' CH ^'A^'1h 6/1-69'99'i Sn1-'6'L9"1- 99.1' C9 123'5047" 25.00' 54.04' S56'43'I-'TV ,4./2' 516'21'24"E 14.1,' 011 012 9G`CG'OC" 32'04'39" 1100' 17-00' 15-I' 14-33' -3'38'3G'W 1120'1'9'14'4/ 14.1=' 13-13' G'13 2 94=" I J C„' 13.17' N72 43'E 14.47' C14 1'02'30" 671 69' 1221' NI 17 '7V/ 12.21' (/1 69' 2 JC; 016 1' 50 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7".52'3-” 331 39' '_, 97' SO6' 17 34"E '70.96' C18 ?' 46 13 S3 4/ 31.99 L 3 CO O- N rD Of I�IiV rD p In Nf 11 II II n CO p o l i0 - 30 ('8'0'21,05) eApa MENSUBJ3 ENG II IN EER NG 2725 Swontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 0 Lr/r,rss F991 „e,1 SCALE: 1"=120' 0J92.1,6 ENGR CCT, Set JOB NO.: 40706.87.018;;",°=h,1 ;ped 6lEAN ENGR CCD Sot SHEET: 10 of 13 Best ; 578 laah ran Rod DRAWN BY: XG °''taplastic Cep stamped "BRISTER SUk4EY1NC" - uad urbansurveyl ©urbaneng.com • 578 Iaah ran Rod Found W at- r."7 n n oCn Cn CN Nq CO 0 0 10 2 10 1-3 Nrn N8 Nq alp 668 1050 6,8 O5 m.9, nns inn 00'O44 M.OZ.OS.L9N' 6Luaa, en, 1a aae. doz/ 'Coro '6d 'L9 ien Cyd asouA pu, L. >I 013 °L , N d o -aa 1Vl L € 1, 66 LoLL L _ aEoH, Pu!/9 ee.t.:ns L Lleala 2 10- h ,al 00!3 M�f eawwns l�,uo'<" n,S N48 0,5 to OL N9 lol L l0l -mY Legend_ Planned Unit Development (PDDI Bcineory Pr po_Ed N'ct..r Line Proposed =ire Hydrant EmEtin4 Neterline (GIS; Existing Eie Hy&En: 3 401 un) vel ('Mto'a,os) anuq all!H 1nOIDM ve. r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E 1n,cz _oral '4'0,0 doll 2L 8Z Liu^ s27°0A3 AENCTH G2 CC` I D.00' s&anN 1° sr-Aoaaa ZZl '0d 2b 'VGA cn1^ A EHAGE S 35 6'W 14.1,' Z. ,18 5163.54"E 61 1A1 EL 1°1 LL 1.1 90- 7°l E. 7° 5733 36 4 14.1,' 3 n01 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' \ F r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E ARC LENGTH 1ti_'1 CH _nRwr 1111,ci J13/ AENCTH G2 CC` I D.00' 15 1' S 35 6'W 14.1,' 5163.54"E 14.2' C+ 45 96`0250' 9D C7'OC" 15 0C' 1D OC' 23 56' 15-1' '3'38'36'/1 1116'21'24'4/ ^_1.21' 1410-' 5733 36 4 14.1,' C7 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' CH F (/1(.999 4 ;O,t 9'1- 99.1' G9 123'50 41A 25.00 54.04' 6 45 1 ; V ,4.12' 410 2'CC" 12CC' 15.71' E16'21'24"E 14.1,' C11 412 GLEE:AOC" E2 C4'39" 1200' 1D OC' 15'1' 14.33' '3'38'36'/1 1120'1'9'14'4/ 14.1=' 13.13' G'13 9239'4H" 1J.CAE' 16.17' N72'15'43'E 14.47' C14 1'02'30" 671.69' 1221' NI&IT 7V/ 12.21' 416 1' _ 361 69' 122.56' N09'40'40 '4/ 122.78' 017 7 5 37" 661 6'J' EJ 97' SO6'17'34"E 'JO "JO' C18 ? 46 13 661.69 99 N 36S4 3/ 31.99 AaIfC aP11A ,D� eunl ail q W 1n 33,50- 100 0 0 c H'M'0%,05) OAIJ4 MINSUOJ3 ENG II IN EER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 1G,,h REd1 SCALE: 1"=120' AN EN°R CCD Set JOB NO.: 40706.87.01 s°=hzf°'sa�Ped "UlEAN ENCR CCT); Set SHEET: 11 of 13 fins/; 5781N ren Rod DRAWN BY: XG Gitn plastic cap stamped "6RISTER SURAEEINC' urbansurveyl ©urbaneng.com • 578 Inch ran Rod Found 3,1 c+� 007011 9 n.c ID N'°n Nn N0 Nm 1080 0-8 4-1 (M'o'a,oa) anpa aloe�j scss — lel 00'OZ1 C tin MLOZ.g.1.9N snEEL AL'„ °, 0,a0r1 ,° sUeaa. do/1 'L06 '6d '0-9 i°� po!n1 , s °x 0- 1 N 4 1, °-aa 1 EV1 L 6a 6d L L e°Ia 4°- 701 1,SE '110 a,os) an00 pu!M Jaww S n,S me _L 451 Legend_ Planned Unit Development (PUD1 Bcineory n.. Pr-po—d A -aim Scv, _r LE\ Propos-d Slot Inlet e Propos-d Storm Ecv,_r 6anholc (_ro Exi_tng Storrs Sen er Linc i1;I8i - Existing Elct Inlet Existing Storrs Sen er Nanhcc Z 701 ('M'0'a,os) an0a sll!H }nuloM 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE 1 P,OZ CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' _oral ' an cq0 se a0 to spdoaaa 5163. 54'E 14.20' C -L 45 doll 2L ZZ1 '6d 20 'ICA 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' 8Z 1'u^ sa7os3 cnP R zIa 7 n5O 61 1u1 EL 101 LL 1.1 9L 70l E. 70 471.49' 1447' 31,'23\33 V/ 14.47' CS 31101 6/1-69'99'i t,1-'1 9"1- 99.1' G9 L 25.00' 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE =RC LENGTH 1ti 1 CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' 5163. 54'E 14.20' C -L 45 96`06'00' 97'0700" 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' G'6 X3'00" 13.00' 15.71' 573'38'36W 14.1,' C7 1'14'03" 471.49' 1447' 31,'23\33 V/ 14.47' CS 1h 6/1-69'99'i t,1-'1 9"1- 99.1' G9 123'5047" 25.00' 54.04' 556'43'1 -'TV ,4.12' 516'21'24"E 14.1,' 011 212 G3'C6'OCE 82'04'39" I3 OLE 17-00' 15'1' 14-33' -3'38'3G" \N N20'1'9'14'4/ 14.1=' 13-13' G'13 9239'48" 13.00' 13.17' 372'18'43'E 14.47' C14 1'02'30" 471.49' 1221' NI&IT 7V/ 12.21' (:1ti .11 (/1(:9'2 „IL ; G16 1' _ 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7 '.52'3-A 331 3'3' J2! 97' S06'17'34"E '30.30' C18 ?'4613 C61. C9 99 N lee'tee ee y/ et ee Ra11C aEq. ,07. eun1 alL0401i A,S •_)-c 0 fD CB I�IN ,naro�=vt°i , onrIIII II p II II m QKJf C) C.) 30' 8/624 MENSUOJ3 0 o_ Lei ENG NEER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17; ,18;11 r RE11 r/a1 SCALE: 1"=120' .4CCD 6 ENOP C' Set JOB NO.: 40706.87.01 8 °=hz�elsa�ped SHEET: 12 of 13 'LjZE9N ENER GGT Set Bn—. 578Inch n Rod DRAWN BY: XG �,itn plasticran stamped "6RISTER SUR\ EYING' urbansurveyl ©urbaneng.com • 578 I.h ran Rod Found 3 122 SZ 3nie,,S- n.c 1Oj^ N 8 N° CO 10 1-3 Lz N5 O N N5 Mo N N N N o, Mo Lnt 5 _ELLIS 22. w m N ect n5 S28'38 36'W 1068.67 0) 5n AA „Op (EL H LSI lel 00.OZb n,S MLOZAS.l9NT n.EL c' 1 LAE&oG s acN Jo splma. do // 'L06 6d 'L9zlo c o L o oyd a5olls po!0/ d b S L. N5.13 8x1 1 zqqqq N sr,Aqq1 ° 1 EV1 L 69 6d 'L9 qA L asoLL, .96/1E PH/L\ gal Eng L .15518 2 10_ L. 701 A,SZ *w0-0,00) 8/!24 pu!M 2aununs cc, loL) mb� von-� rn5 22'22 219 kat 451 Open Space Calculations: Total area of residential Lots 325,832sf 73 Total Units 325,832sf/73 = 4463.45sf (average of total area per lot) Average of developed area per footprints below 2279.50sf 2279.50 amounts to 51.07% open space Required open space is 30% Total Area of Development = 9.46 acres Density of Development is 7.71 units per acre 45.00' O O 15'Y.R. 5'U.E. 10' 2ONCRETE. DRIVE 5'U.E. 16.00' • 3' WALK 5' O O 15'Y.R. 45.00' 5'U.E. O O 15'Y.R. 5'U.E. 5'U.E FLARED 45.00' v /APPROACH \ Typical House Plan 'A' Typical House Plans 1"=5' 0) 15.33' 10' pONCRETE DRIVE 16.00' O 15'Y.R. 3' CURVED SIDEWALK 5'U.E. FLARED APPROACH ' Tied Sidewalk 3' Typical House Plan 'B' Revised: 5/3/17 URBANSubmitted: 2/22/17 SCALE: 1"=5 ENGINEERING JOB NO.: 40706.87.01 2725 Swonfer St., Comas Christ; >x 78404 SHEET: 13 of 13 18PE Firm No. 145 18PLS Firm No. 10032400 PHONE • (361) 854-3101 FAX (361) 854-6001 DRAWN BY: XG urbansurveyl ®urbaneng.com U Case No. 0617-01 X Project Manager. Andrew Dimas W Email: AndrewD2@cctexas.com 1 !GILLS( . Printed Name: ► tt (kr. r r � Address: �� � City/State: (41 FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1003 Property Owner ID: 22 Phone: 37/-- C -7t7 — 0 (p7 Signature Persons with disabilities planning to attend this meeting, who may require special services, are requested to contac e the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-01 MVR Construction Company has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as. Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. 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, June 14, 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 orr. Printed Name: Address: 4130 6 -67 ce-i-trezet doe. ( ) IN FAVOR ( IN OPPOSITION REASON: if-dY 177* ,149(.//o .e)vc/42/0 vC ,e ;re-' ,tom 7% e v/Of/ /e46,‘ v t �frr ''x be.iie,X.r 7 SEE AP ON REVERSE SIDE /650167OR INFOR Case No.: 17ZN1003 Property Owner ID: 26 Signature City/State: d( eda; aff Phone: 36/— 7 ce/S 36,- 374c74. Case No. 0617-01 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com iti1[(ltl•1t• 1111i1!llillihiEE11!!1Sl1i°1i1 t1;1Eit1i11111(11 City of Corpus Chr st# " Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 — ,= F"": Qui li •'�" ^' T 26 187100040170 IRUJO RAUL E AND KRISTI IRUJO 4306 ACUSHNET DRIVE Corpus Christi, TX 78413 U.S. POSTAGE» PITNEY BOWES (1/410,7711.=1. —- ZIP 78412 $ 000.460 02 4Y9 0000340617 JUN 02 2017 CASE: 0617-01 SUBJECT PROPERTY WITH ZONING Subject Property 113I-1 FIUR0am11F 1 RN0 NWNlamry2 Ma 0 Il tOamlh 3 ON NON. haul 0111Cr RICAT 6I411M1rnlfy AT CN 1 Haigh balm.' Comm •clot 01 0 Naphborrrood Camm.rra CR t R.WmlCOmmlrcla! CR•2 Resort Cc mmliic C0.1 Canons!Cammalcla CO.2 Canard Commarcla. C1 F14nal.a Common. • CBO Downtown Coirinitrtl CR.y Ramon Common. FR Farm Rural N N111tnnc 000,110 BP Bu11..w Per. 0. LigMmqu1Rlal 01 Messy industrial PUb Plarwa010, Oar Gsarlay RS 10 4o'. Family 10 00.1 SIn,4-tam Is 1 RS -I f Slrr0l 4.,,, 10 1 0 RS•T1 11a>FamPy RS 10 Oln.a-Family 1d RE 01111101101 011.4 R2411 FOwnlr0u11 SP Stasis P1:mM Ku R1c,a.tional WOR1, Part 0110 10anu4c0ur.0 Howe ala SUBJECT I 1 , 004 LOCATION MAA ar City of Corpus Christi First Reading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of Seven 2017 Ford F-150 Trucks for Parks and Recreation Department CAPTION: Ordinance appropriating $108,061.50 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $108,061.50; authorizing the City Manager or designee to execute all necessary documents to purchase a total of seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. PURPOSE: This item is to approve the purchase of seven 2017 Ford F-150 trucks to be used by park operations staff in the Parks and Recreation Department. BACKGROUND AND FINDINGS: The vehicles will be used by the Parks and Recreation Department to conduct daily duties which include providing sanitation services, special event set-up, code enforcement and maintenance throughout the City at park locations. Five of the vehicles are replacements for units that have reached the end of their service life. This item also includes two additions to the fleet, these two vehicles will be used for the daily duties to maintain North Beach and Gulf Beaches. Five of the vehicles are budgeted for replacement in the FY2016-17 operating budget and the two trucks being added to the fleet are funded through the State Hotel Occupancy Tax (SHOT). ALTERNATIVES: No alternatives 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: Parks and Recreation and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,750,185.99 $0.00 $3,750,185.99 Encumbered / Expended Amount $1,635,694.07 $1,635,694.07 This item $165,448.10 $0.00 $165,448.10 BALANCE $1,949,043.82 $0.00 $1,949,043.82 Fund(s): Fleet Maintenance Services and State HOT Beach Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Ordinance appropriating $108,061.50 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $108,061.50; authorizing the City Manager or designee to execute all necessary documents to purchase a total of seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $108,061.50 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks. The FY2016- 17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $108,061.50. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET FORD F-150 TRUCKS FOR PARKS AND RECREATION TLGPC 521-16 ITEM DESCRIPTION QTY. UNIT Silsbee Ford Silsbee, Texas UNIT PRICE EXTENDED PRICE 1. 2017 Ford F-150 Regular Cab 3 EA $19,705.30 $59,115.90 2. 2017 Ford F-150 Crew Cab 1 EA $26,182.30 $26,182.30 3. 2017 Ford F-150 Extended Cab 1 EA $21,100.30 $21,100.30 4. 2017 Ford F-150 Crew Cab Long Bed 1 EA $25,290.30 $25,290.30 5. 2017 Ford F-150 4X4 Crew Cab Long Bed 1 EA $29,782.30 $29,782.30 6. Delivery Charge 7 EA $511.00 $3,577.00 7. BuyBoard Fee 1 EA $400.00 $400.00 Purchase Cost: $165,448.10 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 11, 2017 Second Reading Item for the City Council Meeting of July 18, 2017 DATE: June 27, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 SQH Sports & Entertainment Agreement for Extension of Performance Milestones CAPTION: Ordinance authorizing the City Manager or designee to execute an Agreement with SQH Sports & Entertainment, Inc. to extend Performance Milestones in the Lease Agreement for the Regional Youth Sports Complex. PURPOSE: To execute an Agreement to extend the dates for the performance milestones in the Lease Agreement to allow sufficient time to complete all requirements on the Agreement, including utility development. BACKGROUND AND FINDINGS: The Parks and Recreation Department has been working with SQH Sports and Entertainment, Inc. since January 2015 for the construction and operation of a regional youth sports complex on approximately 68 acres of city property located near the JC Elliot Landfill on Highway 286. The agreement was executed October 18, 2016 to be effective December 18, 2016. The complex will focus on hosting national and regional youth sports tournaments providing support to the local tourism and economic development industries. The original agreement includes Performance Milestones and timelines for SQH to meet during the course of development of the property. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH by third party owner within six (6) months from the Effective Date. 8.1.2.B. Within six (6) months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements within nine (9) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within thirteen (13) months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within fourteen (14) months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within twenty-seven (27) months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within twenty-nine (29) months from the Effective Date. The extension agreement provides for the completion of the following Performance Milestones by the dates shown below, with all dates running from the effective date of the original agreement. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH or an affiliate of SQH by third party owner within eighteen (18) months from the Effective Date. 8.1.2.8. Within eighteen (18) months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements within twenty-one (21) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within twenty-five (25) months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within twenty-six (26) months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within thirty-nine (39) months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within Forty-one (41) months from the Effective Date. The London Area Wastewater Master Plan was adopted April 11, 2017. Discussions with City staff are ongoing to come to a solution for wastewater at the new sports complex. ALTERNATIVES: 1. Approve or deny 2. SQH to consider different wastewater options OTHER CONSIDERATIONS: 1. Stand alone 2. Multi -development 3. No Sports Complex CONFORMITY TO CITY POLICY: Agreements must be approved by City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Legal, Finance FINANCIAL IMPACT: Cost and reimbursement from City are part of the negotiations ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: None RECOMMENDATION: Extend agreement for twelve months to allow City and SQH to come to a conclusion for moving the sports complex development forward. LIST OF SUPPORTING DOCUMENTS: Agreement Ordinance Ordinance authorizing the City Manager or designee to execute an Agreement with SQH Sports & Entertainment, Inc. to extend Performance Milestones in the Lease Agreement for the Regional Youth Sports Complex Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or her designee is authorized to execute an Agreement with SQH Sports & Entertainment, Inc. to extend performance milestones in the Lease Agreement approved on October 18, 2016 for the Regional Youth Sports Complex. A copy of the Agreement is on file in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGREEMENT WITH SQH SPORTS & ENTERTAINMENT, INC. TO EXTEND PERFORMANCE MILESTONES Whereas, on October 18, 2016, the City of Corpus Christi ("the City") and SQH Sports & Entertainment, Inc., ("SQH") entered into a Ground Lease (the "Lease") regarding an approximately 67.69 acre parcel of unimproved land located near State Highway 286 and FM 43 to be used by SQH for construction of a regional youth sports complex; Whereas, the Effective Date of the Lease was defined to be the sixty-first day after final approval by the Corpus Christi City Council, or December 18, 2016; Whereas, Section 8.1.2 of the Lease provided the following Performance Milestones: 8.1.2. Performance Milestones — Tenant (SQH) agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the sole determination and discretion of the Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH by third party owner within six (6) months from the Effective Date. 8.1.2.B. Within six months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements listed above within nine (9) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within 13 months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within 14 months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within 27 months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within 29 months from the Effective Date. 2 Notwithstanding anything in this Lease to the contrary, the Parties agree and understand that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within six months from the Effective Date shall be grounds for either party to terminate this Lease upon written notice, and at no cost or liability to the other party." Whereas, Section 5.1 of the Lease provides the following regarding utilities: "5.1. Utilities. During the Term Tenant will make all arrangements for obtaining service contracts and shall pay for all utilities (including without limitation electricity, water, gas, sewer and telephone service) and services furnished to, or to be used on, the Premises and/or in connection with the Improvements, and for all service commencement charges and meter reading fees. Such charges and expenses shall be paid by Tenant promptly and without delinquency directly to the utility companies or other entities to which such charges and fees are payable. Tenant shall comply with the Landlord's water conservation measures which are enacted pursuant to City ordinance. All utilities installed by Tenant must be done in compliance with all applicable City Codes and regulations including but not limited to the requirement at Unified Development Code Sections 8.5.2.F which provides that when property requesting wastewater service is located outside the City limits, the property owner shall agree to annex or sign a contract to annex such property prior to wastewater service being made available. In addition, reimbursement for a lift station installed by Tenant or any other developer shall only be made upon compliance with the Unified Development Code, which requires prior City Council approval of a separate reimbursement agreement prior to start of construction. Finally, per the Unified Development Code, the Tenant's or any other developer's application for reimbursement may not be considered until an amendment to the applicable Master Plan has been approved by the City Council. Whereas, the parties have been working towards accomplishing the performance milestones and now desire to amend the Lease to extend the Performance Milestones to allow the project to continue to successful completion by execution of this Agreement to Extend Performance Milestones, (the "Agreement"); NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 8.1. of the Lease is amended to extend the performance milestones by up to an additional twelve months, as follows: "8.1.2. Performance Milestones — Tenant agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the sole determination and discretion of the Director of Parks and Recreation, whose approval shall 3 not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH or an affiliate of SQH by third party owner within eighteen (18) months from the Effective Date. "Affiliate of SQH" means an entity who controls, is controlled by, or is under common control with SQH. 8.1.2.B. Within eighteen (18) months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements listed above within twenty-one (21) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within twenty-five (25) months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within twenty-six (26) months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within thirty-nine (39) months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within forty- one (41) months from the Effective Date. Notwithstanding anything in this Lease to the contrary, the Parties agree and understand that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within eighteen (18) months from the Effective Date shall be grounds for either party to terminate this Lease upon written notice, and at no cost or liability to the other party." 2. Cancellation of Coastal Bend Community Foundation Tracts Purchase. If, within a reasonable time after the execution of this Agreement, before the Performance Milestone deadline of Section 8.1.2.A. of the Lease, SQH deems that the purchase of the Coastal Bend Community Foundation Tracts has become commercially unreasonable or impossible, SQH shall report such decision to the City in writing, and the Performance Milestone of Section 8.1.2.A of the Lease shall be automatically cancelled and removed from the Lease. 3. Disclosure of Interests. SQH agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. SQH agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas 4 Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www. cctexas. com/government/city-secretary/conflict-disclosure/index. 4. This Agreement to extend the Performance Milestones takes effect upon signature by the City Manager or designee, after City Council approval. All other terms and conditions of the Lease remain in effect except as modified by this Agreement. AGREED TO BY: SQH By: Name: Title: Date: 5 CITY OF CORPUS CHRISTI By: Margie C. Rose City Manager Attest: By: Rebecca Huerta City Secretary APPROVED AS TO FORM: This day of , 2017. By: Lisa Aguilar, Assistant City Attorney For the City Attorney AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 18, 2017 Second Reading for the City Council Meeting of July 25, 2017 DATE: June 26, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, Assistant Director of Planning and ESI danielmc@cctexas.com (361) 826-7011 Raymond Chong, P.E., PTOE, PTP, STP, City Traffic Engineer RaymondC@cctexas.com (361)826-3552 Urban Transportation Plan Amendment — Deletion of Bronx Avenue between Master Channel 31 and Yorktown Blvd. 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 deleting Bronx Avenue a proposed C1 Minor Residential Collector between Yorktown Boulevard and Master Channel Ditch 31; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: A "Collector" street provides access to local, other collector, and arterial streets. The lowest order of "collector" street is designed to "collect" local residential street traffic and convey the traffic to strategic points on the arterial grid system. This ordinance will delete the extension of Bronx Avenue a proposed Minor Residential Collector (C1, 60' ROW), from the City's Urban Transportation Plan (UTP) Map. BACKGROUND AND FINDINGS: As the agent of Del Mar College (DMC), Urban Engineering has requested the deletion of Bronx Avenue between Yorktown Boulevard and the Master Chanel 31 Ditch. This request is associated with the development of the proposed Del Mar College Southside Campus. Del Mar College is proposing a $139 million Southside Campus which was approved by the voters in November of 2016. The project is proposed to be developed in three phases, with full build -out anticipated in the year 2030. At full build -out, the student population is projected to reach 20,000. Campus activity will generate approximately 24,600 vehicles per day during a typical weekday by Phase 3 (2030). It will generate 2,400 trips during the A.M. peak hour and 2,400 trips during the P.M. peak hour movement. In lieu of Bronx Avenue, Del Mar College is proposing a four -lane boulevard on the west side of the campus, with a traffic signal at Yorktown Boulevard that would serve internal traffic only. This private access would have roughly the same alignment as Bronx Avenue but would not connect to the north across Master Channel Ditch 31. Collector Streets The Minor Residential Collector is the lowest order collector and provides for internal neighborhood circulation as well as property access. This type of collector should not connect paralleling arterial streets but may connect with arterial streets which are perpendicular to one another. The most common type of Collector Street, this collector will circulate traffic within a neighborhood, moving it from a higher order arterial street to a local access street. This street class is not intended to be continuous for more than one mile. Off -sets, or "T" intersections, are appropriate for this class of street in order to prevent short cuts through neighborhoods. This street type may serve low density housing to medium multifamily housing, elementary schools or other uses with similar traffic generating characteristics. This ordinance will delete a segment of Bronx Avenue, a proposed Minor Residential Collector (C1, 60' ROW), from the City's Urban Transportation Plan (UTP) Map. Amendment Process To maintain flexibility in transportation planning, a process is provided so amendments can be made to the Urban Transportation Plan. The amendment process is outlined in the City Charter (1987) and requires at least one public hearing by the Planning Commission prior to City Council public hearing and adoption. The City's Planning Director shall determine if a proposed development is inconsistent with the Comprehensive Plan and make recommendations to City Council, Planning Commission, or other Boards or Commissions accordingly. Any proposed development which is not consistent with the Corpus Christi Urban Transportation Plan requires a plan amendment. Inconsistency with the Comprehensive Plan may be defined as any proposed roadway pattern that changes the Urban Transportation Plan proposed street classification, reduces travel lanes indicated in the adopted plan, or connects or fails to connect with other roadways as indicated in the plan. The Director of Development Services / Planning Director and City Engineer may allow minor plan deviations where a street is already fully improved (curb, gutter, and underground drainage) with the requisite number of travel lanes and / or in State Rights of Ways consistent with the Texas Department of Transportation's requirements. Findings On behalf of Del Mar College, a professional consultant prepared a comprehensive Traffic Impact Analysis (TIA) that addressed the traffic impacts of the proposed Southside Campus on the adjacent street network. The TIA included traffic analysis on the proposed elimination of Bronx Avenue from Master Chanel 31 Ditch to Yorktown Boulevard. It analyzed the key intersections of Cimarron/Lipes, Bronx/Lipes, Yorktown/Rodd Field, Yorktown/Cimmarron, and Airline/Lipes for the three phases of construction, Phase 1(2020); Phase 2 (2025), and Phase 3 (2030), assuming the extension of Lipes. The City standard of acceptable operation is Level of Service D. The traffic analysis showed no adverse traffic impacts to these key intersections with the removal of Bronx Avenue from the system. City Traffic Engineering concurs with the findings of the TIA. Bicycle Mobility Plan of Urban Transportation Plan The recently adopted Bicycle Mobility Plan prescribes a one-way cycle tracks on both sides of Bronx Avenue that would connect from Yorktown to Brockhampton in the north. The proposed deletion would eliminate a key north/south segment on the bicycle mobility network and a direct and safe connection with Bill Witt Park. To mitigate this item Del Mar College has agreed to dedicate an easement and construct a pedestrian and bike bridge across Master Channel Ditch 31. This construction will preserve the north/south movement across the ditch and allow residents to directly access Bill Witt Park and trail networks south. Access The removal of Bronx Avenue eliminates an access point to the neighborhoods north of Master Channel Ditch 31 for emergency response from Fire Station 17. Per the TIA driving times to the proposed Lipes/Bronx intersection would be approximately three minutes versus one minute and twenty-two seconds if Bronx Avenue was in place. The analysis within the TIA did not include future conditions when the neighboring intersections drop in operational levels. It is anticipated that drive times will increase as this portion of the city builds out. Based on the results of the TIA and Del Mar College's commitment to fund the construction of the bike and pedestrian facility from Yorktown Boulevard to the north side of Master Channel 31, City staff recommends approval of the amendment to the Urban Transportation Plan. ALTERNATIVES: Denial of the proposed UTP amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: • Street Operations/Traffic Engineering • Planning • Development Services 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 (Traffic Engineering, Planning, and Development Services), approval of the request contingent on Del Mar College's commitment to construct the pedestrian and bike bridge network. Transportation Advisory Commission (Vote 5-2)- approval of the requested amendment to remove Bronx Avenue from the Urban Transportation Plan. Planning Commission (Vote 5-3)- denial of the requested amendment to remove Bronx Avenue from the Urban Transportation Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance with attachments Presentation Applicant's Request Letter Traffic Impact Analysis Del Mar College Letter Letters of Support/Opposition Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting Bronx Avenue a proposed C1 Minor Residential Collector between Yorktown Boulevard and Master Channel Ditch 31; 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, April 19, 2017, and on Wednesday, June 14, 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, July 18, 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 Yorktown Boulevard and Master Channel Ditch 31, 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 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A. N rfr> rP • 1 As, • • w1 1 Rf or • �R 5 Zr A- • • I• C3 0 vO • }. • • .;zzQ • • Ttanspoltation Plan TYPE, STATUS — Al. EX - E% � A EX •• 42 PR - E. -C2,PX - •C2, PR- EX Pl. E% F1. PR FIN, PR .05, EX PA. PR Pl. EX PP PR - RAI, PR - RA2, E% - RA2, PR - R f RR. EX MEA EEX SEX 250 500 QR*oma W "0 x Proposed C1 X Removal CO� NCtUe pRf Sly.64T aR 61, 1,50 F0eet UTP Amendment Proposed C1 Removal Between Master Channel Ditch 31 Yorktown Blvd LOCATION MAPI City of Corpus Christi Page 4of4 co) Corpus Chr sti Engineering Urban Transportation Plan (UTP) Amendment - Deletion of Bronx Avenue between Master Channel 31 Ditch and Yorktown Boulevard City Council Presentation July 18, 2017 Urban Transportation Plan - Bronx Avenue 0 �hrsti Engineering Bronx Avenue F w_ Z 9N p C MAXIMUS DR -$-!,SYDNEY ST AAVA DR C 'A v 2.c‘` YORKTOWN BLVD 20 p I STRASBOURGJ DR O O Urban Transportation Plan - Bronx Avenue �hrsti Engineering w J 0- F CO A A3 ci 41111 • • ce•W Ci •cith ..., • „:.B..e M r:5ite an I. • Bronx Avenue 3 Background: Del Mar College Project 0 �hrsti Engineering • Del Mar College purchases property 2013 • Early assistance meetings with Development Services Staff in 2016-17 to determine project requirements. • $139 million dollar bond approved by the voters in November 2016 to build phase 1. Del Mar College - Southside Campus 0 �hrsti Engineering • 95.4 acre site • Campus of 20,000 students ➢ Phase 1— 6,000 (2020) ➢ Phase 2 — 6,000 (2025) ➢ Phase 3 — 8,000 (2030) ALL PHASES COMPLETED 5 Bronx Avenue Background: (111114111Corpusti Engineering • Collector Street: collects traffic from local streets and directs them to the arterial system. • Bronx Avenue — C1 Minor Residential Collector, 60' right of way, 2 lanes • Strategic Plan for Active Mobility — Bicycle Mobility Plan — 1 -way cycle track (both sides) (adopted by City Council —May 2016) • Connection between Lipes and Yorktown Boulevard • Service area of collector (836 acres) Traffic Impact Analysis (TIA): .14 Corpus Chr sti Engineering What is a TIA? Reviews proposed development size and land uses to determine the traffic impacts on the area street system. Recommends street improvements necessary to mitigate adverse traffic impacts on the street system. Purpose • Develop public/private partnership to coordinate land uses and to develop transportation facilities. • Provide information to developer and property owner in making land use and site planning decisions. • Give reliable guidance on short and long range planning of street improvements and site improvements. Provide standards to ensure consistent and proper traffic engineering practices are applied. TIA Summary (LOS): 0 �hrsti Engineering Level of Service A = Free Flow 13 = Reasonably Free Flir C = Stable Flow lr — AppToachi g Unstable Flow = Unstable Flow = Forced or Breakdown How LOS Signalized Intersection Unsignalized Intersection <_ 10 seconds S 10 seconds 10-15 seconds 15-25 seconds 25-35 seconds 35-50 seconds F >_ 50 seconds A B e D E 10-20 seconds 20-35 seconds 35-55 seconds 55-80 seconds >_ 8o seconds 8 TIA Findings: 0 �hrsti Engineering A professional consultant prepared a comprehensive Traffic Impact Analysis (TIA) that addressed the traffic impacts of the proposed Southside Campus on the adjacent street network. The TIA included the proposed elimination of Bronx Avenue. Intersections: Cimarron/Lipes, Bronx/Lipes, Yorktown/Rodd Field, Yorktown/Cimarron, and Airline/Lipes. • Three phases of construction, Phase 1(2020); Phase 2 (2025), and Phase 3 (2030) • The traffic analysis showed no adverse traffic impacts to these key intersections with the removal of Bronx Avenue from the system. • City Traffic Engineering concurs with the findings of the TIA. Impact Bicycle Mobility Network Corpus Chr sti Engineering Del Mar College will Dedicate easement and construct a pedestrian and bike path that will have a bridge across the ditch. Bronx Avenue 10 Emergency Routes: • x z 0 cc • n-rri rf• _J — • • orktown - Corpus Chr sti Engineering StartVoute FT Avg Speed Arrival time F" t4lilliNppes ( Cc Bronx Drive (UTP) to Bronx 3,612 30 MPH 1 min 22 sec F. on 1 (2) Yorktovm West to Cimarron North to Lines g Bronx 7,688 30 MPH 2 min 55 sec Fire Station 17 (3) Yorktown East to Rodd Field North to Airline Northwest to Lines g Brom 8,518 30 MPH 3 min 14 sec 11 Fire Station Locations: (g) 11,00 a0 S . n Q� `7 ----____ 4 _ Bronx Aven e 0 4 FiF.4D_RO Legend �hrsti Engineering Fire Station Buffers (1.5 mile ) {Qj Fire Station National Fire Protection Association (NFPA) Standard 1710 5 minute response time Recommendation: ccs Corpus Chr sti Engineering • Based on the results of the Traffic Impact Analysis and Del Mar College's commitment to construct the bicycle and pedestrian facilities from Yorktown to the north side of the ditch, staff if recommending approval of the request. • Transportation Advisory Committee: Approval • Planning Commission: Denial January 30, 2017 Raymond Chong, P.E. City Traffic Engineer 1201 Leopard Street, 3`d floor Corpus Christi, Texas 78401 Job No. 25800.65.05 RE: Del Mar College request for amendment to Urban Transportation Plan (UTP) Dear Ray, Del Mar College is requesting a UTP amendment to remove the portion of a proposed neighborhood collector that currently traverses the western portion of property to become Del Mar College south campus. Details of request are noted below and in attached exhibits for your use. Please let me know if you have any questions or need additional information. 1. Det Mar College has purchased approximately 100 acres of property fronting Yorktown Blvd. Rodd Field Road and south of ditch 31. 2. As part of the due diligence when purchasing the property a UTP collector street was identified as crossing through property. 3. Del Mar college desires to retain contiguous property for development of their south campus. 4. The elimination of the collector street is critical as Del Mar proceeds with master planning the campus. 5. The UTP provides a north -south neighborhood collector and assumes the adjoining properties will be developed residential. Since adoption of the UTP significant portions of intended area to be served by this neighborhood collector have instead developed or are planned to be developed into educational facilities. The new Veterans Memorial High School occupies approximate 70 acres of area adjoining this collector north of ditch 31 and as stated above, Del Mar College is proposing development of its 100 acres south of ditch 31 as its south campus. 6. Traffic accessing the proposed south campus will do so from the two A3 primary arterial collectors that form its south and east borders (Yorktown Blvd. and Rodd Field Road). The north campus border is the City master drainage channel (ditch 31). Therefore Del Mar College does not have a need for vehicular access via the UTP proposed neighborhood collector nor will it benefit from its construction. Since the 100 acres that is now Del Mar College will not develop as residential there is not a need to extend the neighborhood collector south of ditch 31. 7. The proposed neighborhood collector is contained completely within the Del Mar College property per the UTP. Therefore it is not shared on a property line with an adjoiner property and thus neither its dedication of land nor cost are shared. The potential development of the neighborhood collector represents a significant cost in both land and construction expense that neither Del Mar College nor the community will derive significant benefit. 8. Del Mar College is providing a Traffic Impact Analysis (TIA) that will illustrate information presented above and provide the city with necessary data to plan surrounding access infrastructure. (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.cam TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Raymond Chong January 30, 2017 Page 2 of 2 9. Del Mar College wants to cooperate to provide the best scenario to meet their master plan development needs while maintaining the proposed UTP functionality and purpose. The proposed amendment to eliminate the neighborhood collector south of ditch 31 does not change the UTP effectiveness or significantly impede or impact the surrounding community. We appreciate the city's willingness to work with Del Mar College in partnership to meet the needs of our community. The college will provide the TIA to the city as soon as completed for their review. Sincerely, URBAN ENGINEERING Murray F. Hudson, P.E. MFH/ph DEL MAR COLLEGE SOUTHSIDE CAMPUS CORPUS CHRISTI, TEXAS TRAFFIC IMPACT ANALYSIS (TIA) MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP Prepared for: URBAN ENGINEERING 2725 Swantner Corpus Christi, TX 78404 • RXMO H MALDONADO.. IR -c 96763 P. C, 6/28/17 ' Prepared by: Maldonado -Burkett Intelligent Transportation Systems, LLP Corpus Christi, Texas June 2017 IdAIDOXIMO,OUKK.*r a!t!t(HI *RA.S.O.i arIQN...,.US. lea Executive Summary A. Purpose The purpose of this Traffic Impact Analysis (TIA) is to address the traffic and transportation impacts of the proposed Del Mar College Southside Campus on the adjacent street network and recommend any capacity related improvements. The site is located on Yorktown Boulevard with Rodd Field Road. One specific objective of this study is to determine if Bronx Drive roadway extension from Master Channel 31 Ditch to Yorktown Boulevard can be eliminated from the City's Urban Transportation Plan (UTP) without having sufficient traffic impacts on adjacent streets and intersections with ultimate build -out of land use in the area. This study will also determine the existing and future Level of Service (LOS) associated with the new development at selected study intersections of: (1.) Yorktown Boulevard @ Cimarron Boulevard, (2.) Yorktown Boulevard @ Rodd Field Road, (3.) Rodd Field Road @ Presidents Drive, (4.) Rodd Field Road @ Airline Road/Slough Road, (5) Airline Road @ Lipes Boulevard, (6.) Bronx Drive @ Lipes Boulevard and (7.) Cimarron Boulevard @ Lipes Boulevard. This study also includes the five (5) proposed driveways from the new development. On March 27, 2017 Del Mar College officially requested the City Transportation Advisory Commission (CTAC) to consider the deletion of Bronx Drive between Master Channel 31 Ditch to Yorktown Boulevard from the UTP. The outcome was to expand this TIA to support Del Mar College's request. B. Development The planned development will include the following: • Bronx Drive extension possible removal from UTP. • Phase 1: 6,000 Students (Year 2020). 720 AM and 720 PM peak -hour trips generated. • Phase 2: 12,000 Total Students (Year 2025). 1440 AM and 1440 PM peak -hour trips generated. • Phase 3: 20,000 Total Students Year 2030). 2400 AM and 2400 PM peak -hour trips generated. • The new development will generate 24,600 trips for a typical weekday. The 95.4 Acre Del Mar College Southside Campus will have five (5) access points. Three (3) on Yorktown Boulevard and two (2) on Rodd Field Road. C. Studies Studies include gathering 24 HR traffic data, AM & PM peak hour turning movement counts, traffic signal warrants, queuing and intersection LOS for seven (7) intersections and five (5) new driveways. D. Findings Scenario 1: (without Bronx Drive Extension) • Phase 1 (2020) — LOS C or better. • Phase 2 (2025) — LOS C or better. • Phase 3 (2030) — LOS D or better. Scenario 2: (with Bronx Drive Open) • Phase 1 (2020) — LOS B or better. • Phase 2 (2025) — LOS C or better. • Phase 3 (2030) — LOS D or better. Scenario 3: (with LJA Rodd Field roadway design) • Phase 1 (2020) — LOS C or better. Traffic Impact Analysis (TIA) —June 2017 IV DEL MAR COLLEGE SOUTHSIDE CAMPUS M.tOONRDO•SUSNI}e l 1C41.161111 !t S•O1.71O61 s V11.011.ur • Phase 2 (2025) — LOS C or better. • Phase 3 (2030) — LOS D or better. E. Conclusions The City of Corpus Christi has Rodd Field Road scheduled for pavement rehabilitation construction for late 2017. The improvements will include a T -Intersection at Yorktown Boulevard, a new traffic signal and proposed improvements to intersection #2, #3, #4, #DW4 and #DWS. The Del Mar Southside Campus will generate a significant number of trips for both the AM and PM peaks for all Phases of development. The LOS for the roadway transportations system remains at LOS D or better with recommended improvements for phases 1, 2 and 3. Del Mar College has officially requested the City Transportation Advisory Commission (CTAC) to consider the deletion of Bronx Drive from Master Channel 31 Ditch to Yorktown Boulevard from the UTP. Bronx Drive removal from the UTP will have some traffic impact to the existing roadway network. Local traffic heading to Yorktown Boulevard will have to continue to use Cimarron Boulevard or Airline Road to get to Yorktown. Fire Station No.17 would have a longer response time for all emergency calls for the Bronx Drive neighborhood. At an average speed of 30 MPH, emergency response time to Bronx Drive @ Lipes Boulevard would be 1 minute and 22 seconds with Bronx Drive open as opposed to 2 minutes and 55 seconds with Bronx Drive closed. The LOS for the roadway network will be the same with or without Bronx Drive extension. Scenario 1 (without Bronx), Scenario 2 (with Bronx) and Scenario 3 (with LJA design) will operate at a LOS D or better, for all Phases of construction. The removal of Bronx Drive from Master Channel 31 Ditch to Yorktown Boulevard will have no major adverse impact to the street network. F. Recommendations Proposed Site Plan Recommend the Developer to consider providing circulation access within the proposed site plan for better internal traffic movements. Recommend that the Developer provide transit, Pedestrian and Bicyclist facilities. Recommend the developer prepare a letter of intent allowing for a multi -use path for bicycles and pedestrians along Bronx Drive/ DW1. See Appendix for a copy of Del Mar College letter of intent. Street Improvements For Intersection #DW5 (Rodd Field Road with DW5) an intersection design with a traffic signal will handle traffic better than a U-turn configuration on Rodd Field Road. Existing traffic from Del Mar Southside Campus heading north on Rodd Field Road from DW5 will create a traffic backup on the campus without a traffic signal. Signal Warrants are justified for Phase 2 (2025) of development. A Synchro output comparison was conducted with the U-turn design versus the intersection at DW5. Synchro output showed the two comparisons to be very similar See Appendix for comparison U-turn versus intersection design report. Due to the analysis preformed for the street network for all Scenarios and Phases of construction, we recommend Scenario 1: (without Bronx Drive Extension) be implemented. Recommend the City to consider the removal of Bronx Drive extension from Master Channel 31 Ditch to Yorktown Boulevard. The removal of Bronx Drive will have some; but not sufficient impact to the existing roadway network to Traffic Impact Analysis (TIA) —June 2017 V DEL MAR COLLEGE SOUTHSIDE CAMPUS rASOONRYO,SUSRITF �N'�Set�GBN� *[RNS/ORSaiiON SIS*S. 1Se warrant its continued inclusion in the UTP. The deletion of Bronx Drive will have an acceptable LOS of D or better to the existing roadway network and will be in compliance with the UDC. Recommend traffic signals be coordinated and maintained for signals along Yorktown Boulevard and Rodd Field Road. Traffic Impact Analysis (TIA) —June 2017 VI DEL MAR COLLEGE SOUTHSIDE CAMPUS INTELLIGENT L TRANSPORiFT1ON SYSTEMS, LLP I.Introduction A. Purpose Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) has been retained by Urban Engineering to perform a Traffic Impact Analysis (TIA) for the new Del Mar College Southside Campus. The project site is located on Yorktown Boulevard with Rodd Field Road. The new development is bound by Yorktown Boulevard on the South, Airline Road on the North, Cimarron Boulevard on the West and Rodd Field Road on the East. The purpose of this study is to address the traffic and transportation impacts of the proposed development on the adjacent street network and recommend any capacity related improvements. The specific objectives of this study is to determine if Bronx Drive roadway extension from Master Channel 31 Ditch to Yorktown Boulevard can be eliminated from the City's Urban Transportation Plan (UTP) without having any traffic impacts on adjacent streets and intersections with ultimate build -out of land use in the area. This study will also determine the existing and future Level of Service (LOS) associated with the new development at selected study intersections of: (1.) Yorktown Boulevard @ Cimarron Boulevard, (2.) Yorktown Boulevard @ Rodd Field Road, (3.) Rodd Field Road @ Presidents Drive, (4.) Rodd Field Road @ Airline Road/Slough Road, (5) Airline Road @ Lipes Boulevard, (6.) Bronx Drive @ Lipes Boulevard and (7.) Cimarron Boulevard @ Lipes Boulevard. This study also includes the five (5) proposed driveways from the new development. On March 27, 2017 Urban Engineering, representing Del Mar College, officially requested the City Transportation Advisory Commission (CTAC) to consider the deletion of Bronx Drive between Master Channel 31 Ditch to Yorktown Boulevard from the UTP. B. Studies Studies include gathering 24 HR traffic data, AM & PM peak hour turning movement counts, traffic signal warrants, queuing and intersection LOS. C. Methodology The traffic evaluation was comprised of AM and PM peak hour Level of Service (LOS) analyses. This included the existing conditions, background (opening day) conditions for the three (3) phases of construction. Analysis was accomplished via Synchro 9 and OTISS software. All of the information was completed in accordance with Trip Generation, 9th Edition, Highway Capacity Manual 2010 designing to a LOS Standard — D or better. OTISS is a cloud -based application for traffic and transportation engineers who need to perform traffic impact assessments. Featuring data from over 5,500 studies included in the 9th Edition Institute of Transportation Engineering (ITE) Trip Generation Manual, OTISS is the most complete trip generation and analysis tool available today with 24-hour availability. OTISS software was used for the AM and PM peak period analysis reports. Synchro Studio 9 provides the best in traffic analysis, optimization, and simulation applications. It combines the modeling capabilities of Synchro and the microsimulation and animation capabilities of SimTraffic to create the ultimate tool kit for viewing. Synchro 9 is a macroscopic analysis and optimization software application. Synchro supports the Highway Capacity Manual's methodology (2000 & 2010 methods) for signalized intersections and roundabouts. Synchro also implements the intersection Capacity Utilization method for determining intersection capacity. Synchro's signal optimization routine allows the user to weight specific phases, thus providing users more options when developing signal timing plans. Traffic Impact Analysis (TIA) —June 2017 1 DEL MAR COLLEGE SOUTHSIDE CAMPUS INTELLIGENT L TRANSPORiFT1ON SYSTEMS, LLP II.Proposed Development A. Site Location/Study Area This TIA studies the adverse traffic impacts of the new development. The project site is located on Yorktown Boulevard with Rodd Field Road. See Exhibit 1 for a location map within the City of Corpus Christi. See Exhibit 2 for the new Del Mar College Southside Conceptual Campus site plan as of February 23, 2017. B. Proposed Zoning (Del Mar College Southside Campus) (95.4 Acres) The planned development will include the following: • Phase 1: 6,000 Students (Year 2020) • Phase 2: 6,000 Additional Students (Year 2025) • Phase 3: 8,000 Additional Students Year 2030) The 95.4 Acre Del Mar College Southside Campus will have five (5) access points. Three (3) on Yorktown Boulevard and two (2) on Rodd Field Road. Exhibit 3 illustrates existing AM and PM peak hour volumes, prior to opening day. The proposed development was analyzed using 3 Scenarios for this report; Scenario 1; (without Bronx Drive), Scenario 2: (with Bronx Drive) and Scenario 3: (with LJA Rodd Field Road design). This area is currently zoned as mixed use acreage: The proposed educational facility was studied using Code 540 — Junior/Community College land use. Traffic Impact Analysis (TIA) —June 2017 2 DEL MAR COLLEGE SOUTHSIDE CAMPUS INTELLIGENT L TRANSPORTATION SYSTEMS, LLP III.Existing Area Conditions A. Existing Traffic Volumes The following are documented traffic volumes gathered from the Corpus Christi Metropolitan Planning Organization (CCMO). • Rodd Field Road — YR 2012 — 8,400 ADT YR 2015 — 15,550 ADT • Yorktown Boulevard — YR 2011 — 9,577 ADT YR 2012 — 9,780 ADT YR 2012 — 9,560 ADT YR 2012 — 6,060 ADT • Airline Road — YR 2013 — 3,301 ADT B. Proposed Zoning Codes and Land Uses The Del Mar Southside Campus is zoned as an educational facility, CODE 540, Junior/Community College land use. C. Approved Developments in Area Manhattan Apartments located on 7001 Lipes Boulevard is under construction and should be fully functional within mid -2017. The 300 dwelling units Apartment Complex is expected to generate 164 AM trips and 195 PM trips. These trips were incorporated within this study and distributed throughout the roadway network. D. Existing Street System The existing roadway network within the study area includes the following un -signalized & signalized intersections: • Intersection 1: Yorktown Boulevard @ Cimarron Boulevard (Existing Signal) • Intersection 2: Yorktown Boulevard @ Rodd Field Road (City Programmed Signal) • Intersection 3: Rodd Field Road @ President Drive (Stop Control) • Intersection 4: Rodd Field Road @ Airline Road/Slough Road (Existing Signal) • Intersection 5: Airline Road @ Lipes Boulevard (Stop Control) • Intersection 6: Lipes Boulevard @ Bronx Drive (Stop Control) • Intersection 7: Cimarron Boulevard @ Lipes Boulevard (Existing Signal) There are several major roadways within the study area. The following is a description of the existing conditions as of January 2017. Yorktown Boulevard (A3 Primary Arterial) is a four -lane divided arterial, with raised median containing left turn lanes, curb and gutter, bike lanes and sidewalks. The street runs in an east -west direction on the south side of development. The posted speed limit is 45 mph. Rodd Field Road (A3 Primary Arterial) is a two-lane undivided arterial; that runs generally in a north -south direction and is located to the east of the project area and intersects Yorktown Boulevard. The posted speed limit is 50 mph. Cimarron Boulevard (Al Undivided Minor Arterial) is a five -lane un -divided arterial, with left turn lanes, curb and gutter, and sidewalks. The street runs in a north -south direction on the west side of the development. The posted speed limit is 35 mph. Traffic Impact Analysis (TIA) —June 2017 3 DEL MAR COLLEGE SOUTHSIDE CAMPUS No.-.YRRETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP Airline Road (Al Undivided Minor Arterial) is a five -lane un -divided arterial, with left turn lanes, curb and gutter, bike lanes and sidewalks. The street runs generally in a north -south direction on the north side of development. The posted speed limit is 40 mph. Lines Boulevard (C3 Primary Collector) is a two-lane un -divided collector, with curb and gutter and sidewalks on the north side. The street runs generally in an east -west direction on the north side of development. The posted speed limit is 30 mph. Bronx Drive (C1 Minor Residential Collector) is a two-lane un -divided collector with curb and gutter and sidewalks. The street runs generally in a north -south direction on the north side of development. The posted speed limit is 30 mph. E. Scheduled Projects in the Area CCMPO's Strategic Plan for Active Mobility — Bicycle Mobility Plan, adopted by City Council, includes various bicycle infrastructures in the area: • One-way cycle tracks on Rodd Field Road. • One-way cycle tracks on Yorktown Boulevard. • One-way cycle tracks on Bronx Drive. • Off-road multi -use trail on Master Channel 31. Projects planned in "Mobility CC" are: • ADA Master Plan Pedestrian Infrastructure Improvements Phase 3 ADA Accessible Routes interconnecting places of Public Accommodation: Yorktown Road from Staples Street to Rodd Field Road. • Hike Bike CC — Bill Witt Trail. See Appendix for Proposed Bill Witt Trail Priority Network recommendations and Plan Layout. Projects planned in the "Bond" street are: • Bond 2012 — E10100 — Yorktown Blvd (Rodd Field to Cimarron) (Landscape) -Complete. • Bond 2014 — E15112 — Rodd Field Road Expansion — Scheduled late 2017. Projects planned in the "FY 2017-2020 Transportation Improvement Plan (TIP)/2015-2040 Metropolitan Transportation Plan (MTP) Amendment 1": • Rodd Field Road Extension from Yorktown Boulevard to South of Oso Creek. Traffic Impact Analysis (TIA) —June 2017 4 DEL MAR COLLEGE SOUTHSIDE CAMPUS NAou-RURRETT INTELLIGENT I TRANSPORTATION SYSTEMS, LLP CCRTA current transit services is Route 26 from Airline Road to Cimarron Boulevard to Lipes Boulevard to Staples Street. CCRTA transit plan for YR 2020 is shown below: Wed wt. Spohn • South Hos I ital Walmart Memorial HS Emergency routes for CCFD and CCPD to respond to a 911 -emergency call within the Bronx Drive/Lipes Boulevard intersection are Yorktown Boulevard, Cimarron Boulevard, Rodd Field Road and Airline Road. Fire Station No. 17 is located on 6869 Yorktown Boulevard. For demonstration purposes only, responding to a 911 -emergency call to the focus point of Lipes Boulevard @ Bronx Drive using Bronx Drive would take 1 minute 22 seconds at an average speed of 30 mph (44'/Second). See table below for several routes arrival times. Start Route FT Avg Speed Arrival time Fire Station 17 (1) New Bronx Drive (UTP) to Lipes @ Bronx 3,612 30 MPH 1 min 22 sec Fire Station 17 (2) Yorktown West to Cimarron North to Lipes @ Bronx 7,688 30 MPH 2 min 55 sec Fire Station 17 (3) Yorktown East to Rodd Field North to Airline Northwest to Lipes @ Bronx 8,518 30 MPH 3 min 14 sec Traffic Impact Analysis (TIA) —June 2017 5 DEL MAR COLLEGE SOUTHSIDE CAMPUS INTELLIGENT L TRANSPORiFT1ON SYSTEMS, LLP IV. Projected Traffic A. Proposed Street Improvements The following are new proposed driveways within the study area: • Driveway DW1: Yorktown Boulevard @ Bill Witt Entrance/ Bronx Drive/DW1 • Driveway DW2: Yorktown Boulevard @ Bichon Drive/ DW2 • Driveway DW3: Yorktown Boulevard @ Bay Drive/DW3 • Driveway DW4: Rodd Field Road @ DW4 • Driveway DW5: Rodd Field Road @ DW5 The Proposed driveways are critical to maintain a decent traffic pattern flow coming in and out of the Campus. See Table 1, 2 and 3 for driveway distribution. B. Data Used for Intersection Analysis MBITS and the City of Corpus Christi collected data for this study. Collected 24-hour radar volume traffic counts: • Yorktown Boulevard (2 locations), Rodd Field Road, Airline Road (Short Section), Bill Witt Park Entrance, Bichon Drive, Bay Drive, Lipes Boulevard and Bronx Drive. Collected AM & PM turning movement traffic counts: • Yorktown Boulevard @ Cimarron Boulevard, Yorktown Boulevard @ Rodd Field Road, Rodd Field Road @ Presidents Drive, Rodd Field Road @ Airline Road/ Slough Road, Airline Road @ Lipes Boulevard and Cimarron Boulevard @ Lipes Boulevard. C. Existing Traffic Data Proposed Regional Parkway Study identifies traffic volumes of: • 2035 Future No Build — Yorktown Boulevard 16,150 and 18,374 ADT. Rodd Field Road 22,396 ADT. • 2035 Future Build — Yorktown Boulevard 11,915 and 12,616 ADT. Rodd Field Road 28,306 ADT. Rodd Field Road Extension 17,674 ADT. The following are 2040 projected traffic volumes from the regional demand model by CCMPO: • Rodd Field Road — 23,775 and 13,227 ADT. • Yorktown Boulevard — 22,154, 19,912 and 17,771 ADT. • Airline Road — 11,547 and 22,062 ADT. D. Proposed Trip Generation The Del Mar College Southside Campus development includes the following facilities: Phase 1: 6,000 Students, Phase 2: 6,000 Students and Phase 3: 8,000 Students. Trips were generated by applying the appropriate land use codes found in the Institute of Transportation Engineers (ITE) Trip Generation, 9th Edition. The Del Mar College Southside Campus development is expected to generate 720 AM peak -hour trips and 720 PM peak -hour trips for Phase ldevelopment. For the completion of Phase 2 development the trip generation shall increase to 1440 AM peak -hour trips and 1440 PM peak -hour trips. For the completion of Phase 3 development the trip generation shall increase to 2400 AM peak -hour trips and 2400 PM peak -hour trips. Trip Generation for a typical weekday is 24,600 trips per day. Traffic Impact Analysis (TIA) —June 2017 6 DEL MAR COLLEGE SOUTHSIDE CAMPUS NAou-RURRETT INTELLIGENT I TRANSPORTATION SYSTEMS, LLP The 300 dwelling units Manhattan Apartments Construction is expected to generate 164 AM trips and 195 PM trips. These trips were incorporated within this study and distributed throughout the roadway network. See Appendix for the trip generation rates for all 3 Scenarios for Phase 1, Phase 2 and total trips generated by land use assuming full development and occupancy for Phase 3. Trip reductions were not used for this study per recommendations of the Institute of Transportation Engineers OTISS software and Institute of Transportation Engineers Trip Generation Manual, 9th Edition. Traffic Impact Analysis (TIA) —June 2017 7 DEL MAR COLLEGE SOUTHSIDE CAMPUS INTELLIGENT TRANSPORTATION SYSTEMS, LLP V.Transportation Analysis A. Amendment to Urban Transportation Plan (UTP) Del Mar College has officially requested the City of Corpus Christi for the removal of Bronx Drive extension from Master Channel 31 Ditch to Yorktown Boulevard. As proposed in the UTP it would serve as a minor residential collector for the area south of Lipes Boulevard and would provide access to Yorktown Boulevard just across Bill Witt Park. Without Bronx Drive the network connectivity for residents north of Yorktown Boulevard will have to use Cimarron Boulevard or Airline Road to get to Yorktown Boulevard. Bronx Drive extension is currently planned for a one-way cycle track tying in to Master Channel 31 Ditch and South to Yorktown Boulevard. The Build -out of neighborhood was included in this report by using the growth rate factor. Bronx Drive extension would also be utilized by the CCFD as an emergency route to the neighborhood. Existing trails were identified along Master Channel 31 Ditch and along Bill Witt Park south to south of LaSalle Drive. Currently, there are sidewalks that run east and west on Yorktown Boulevard. These facilities should not be affected much by the proposed development. All facilities affected during construction should be adjusted accordingly to city specifications and requirements. Sidewalks are proposed on Rodd Field Road under the programmed street improvements. The MPO's Bicycle Mobility Plan has programmed a one-way cycle tracks on both sides of Bronx Drive from Yorktown Boulevard to Brockhampton Street. The Transportation Planning Director will consider an alternative off- road multi -use path infrastructure independent of the proposed roadway for the section of proposed UTP amendment. Del Mar Collage has expressed consent to accommodating a multi -use path within Del Mar property and will prepare a letter of intent. See Appendix for a copy of Del Mar College letter of intent. B. Background (Opening Day) Trip Generation Based on the City of Corpus Christi Travel Demand Model, a 1.3% for Airline Road, 2.3% for Rodd Field Road and a 2.6% for Yorktown Boulevard annually compounded growth rates were used to reflect the growth of the background traffic. These rates were applied to the background traffic volumes for each year to determine the traffic volume growth that can be expected throughout all 3 phases of development within the study area. The following is a breakdown of anticipated neighborhood traffic using Bronx Drive from Lipes Boulevard to Yorktown Boulevard: BRONX DRIVE YEAR 2020 2025 2030 PEAK VOLUMES AM PM AM PM AM PM NB SB NB SB NB SB NB SB NB SB NB SB PROJECTED VOLUMES 37 75 52 112 39 80 55 119 42 85 59 127 Scenario 1: Development Phase 1, 2 and 3 were analyzed without Bronx Drive extension build -out. Lipes Boulevard extension to Bronx Drive was analyzed as open for this Scenario. See Exhibit 4 for generated traffic data Scenario 1 without Bronx Drive for Phase 1 (2020) peak hour volumes. See Exhibit 5 for generated traffic data Scenario 1 without Bronx Drive for Phase 2 (2025) peak hour volumes. See Exhibit 6 for generated traffic data Scenario 1 without Bronx Drive for Phase 3 (2030) peak hour volumes. Traffic Impact Analysis (TIA) —June 2017 8 DEL MAR COLLEGE SOUTHSIDE CAMPUS NAou-RURRETT INTELLIGENT I TRANSPORTATION SYSTEMS, LLP Scenario 2: Development Phase 1, 2 and 3 were analyzed with Bronx Drive and Lipes Boulevard extended as proposed in the Urban Transportation Plan (UTP). See Exhibit 7 for generated traffic data Scenario 2 with Bronx Drive for Phase 1 (2020) peak hour volumes. See Exhibit 8 for generated traffic data Scenario 2 with Bronx Drive for Phase 2 (2025) peak hour volumes. See Exhibit 9 for generated traffic data Scenario 2 with Bronx Drive for Phase 3 (2030) peak hour volumes. Scenario 3: Development Phase 1, 2 and 3 were analyzed with LJA's Rodd Field Road design utilizing a U-turn lane near Yorktown Boulevard. See Exhibit 16 for LJA's roadway design. See Exhibit 10 for generated traffic data Scenario 3 with LJA's Design on Rodd Field Road for Phase 1 (2020) peak hour volumes. See Exhibit 11 for generated traffic data Scenario 3 with LJA's Design on Rodd Field Road for Phase 2 (2025) peak hour volumes. See Exhibit 12 for generated traffic data Scenario 3 with LJA's Design on Rodd Field Road for Phase 3 (2030) peak hour volumes. All projected traffic does not include the Rodd Field Road Extension from Yorktown Boulevard to future Regional Parkway. See Exhibit 14 for the vicinity LAND USE within the proposed development. The surrounding area has approximately 103 acres of undeveloped residential and approximately 10 acres of undeveloped commercial. The growth rates used for this study should encumber the final buildout of all undeveloped LAND USE. C. Queuing Queuing analysis was performed for the intersection of Rodd Field Road with Yorktown Boulevard, Rodd Field Road with Driveway DW4, Rodd Field Road with Airline Road, Yorktown Boulevard with Bronx Drive / DW1 and Yorktown Boulevard with Cimarron Boulevard. See Appendix for each intersection describing the Queue length 50th (ft) and 95th (ft) stacking for each approach. Synchro output shows excessive queuing for Yorktown Boulevard @ DW1 eastbound for Phase 3 of construction. See recommendations for corrective measures. D. Net Increased Trip Generation, Distribution and Assignment The additional site -generated traffic associated with the development was assigned to the study area roadway network. See Exhibit 13 for Existing Transportation System. The distribution and assignment were determined based on engineering judgment through generated traffic counts, knowledge of the study area network, and the proposed access locations to and from the development. See Table 1 for distribution percentage (%) Scenario 1 for the new driveways. See Table 2 for distribution percentage (%) Scenario 2 for the new driveways. See Table 3 for distribution percentage (%) Scenario 3 for the new driveways. See Appendix for Trip Generation, Distribution and Assignments for all Scenarios. E. Level of Service (LOS) Evaluations The analysis consists of both AM and PM intersection LOS analyses for all 3 Scenarios. The purpose of this analysis was to determine if any deficiencies within the network exist and to establish a standard condition. "Level -of -Service (LOS)" represents the capacity or volume of traffic that a roadway can accommodate. LOS is a qualitative measure used to relate to the quality of traffic service. LOS is used to analyze highways by categorizing traffic flow and assigning quality levels of traffic based on performance measure such as speed, density, etc. These levels range from LOS A (free flowing) to LOS F (a congested, forced flow condition). The target LOS for this study area is a LOS D or better with all improvements and development resulting from the Del Mar College Southside Campus development. A description of each operational state for signalized intersections, as defined by 2010 Highway Capacity Manual, is presented in Table 4. Traffic Impact Analysis (TIA) —June 2017 9 DEL MAR COLLEGE SOUTHSIDE CAMPUS NAou-RURRETT INTELLIGENT I TRANSPORTATION SYSTEMS, LLP Table 5 summarizes the LOS results of the existing signalized intersections, Table 6 summarizes the LOS results of Phase 1 (2020) background signalized intersections for Scenarios 1, 2 and 3, Table 7 summarizes the LOS results of Phase 2 (2025) background signalized intersections for Scenarios 1, 2 and 3 and Table 8 summarizes the LOS results of Phase 3 (2030) background signalized intersections for Scenarios 1, 2 and 3. Signal timings were assumed optimized and actuated. Synchro output reports are provided in the Appendix. For Two -Way Stop Control, LOS for non -signalized two-way intersections is defined as the total elapsed time from when a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last -in -queue position to first -in -queue position. The levels of service criteria are given in Table 9. Table 10 summarizes the LOS results of the existing un -signalized intersections. Table 11 summarizes the LOS results of the Phase 1 (2020) background un -signalized intersections for Scenarios 1, 2 and 3, Table 12 summarizes the LOS results of the Phase 2 (2025) background un -signalized intersections for Scenarios 1, 2 and 3. Table 13 summarizes the LOS results of the Phase 3 (2030) background un -signalized intersections for Scenarios 1, 2 and 3. Synchro output sheets are provided in the Appendix for all Scenarios. Based on the analysis of the new development and Bronx Drive amendment from the UTP, the LOS outcome for each Scenario are as follows: • Existing conditions for signalized intersections — LOS C or better. • Existing conditions for un -signalized intersections — LOS C or better. Scenario 1: (without Bronx Drive Extension) • Phase 1 (2020) — LOS C or better. • Phase 2 (2025) — LOS C or better. • Phase 3 (2030) — LOS D or better. Scenario 2: (with Bronx Drive Open) • Phase 1 (2020) — LOS B or better. • Phase 2 (2025) — LOS C or better. • Phase 3 (2030) — LOS D or better. Scenario 3: (with LJA Rodd Field roadway design) • Phase 1 (2020) — LOS C or better. • Phase 2 (2025) — LOS C or better. • Phase 3 (2030) — LOS D or better. Traffic Impact Analysis (TIA) —June 2017 10 DEL MAR COLLEGE SOUTHSIDE CAMPUS Nou-NYRRETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP VI.Improvement Analysis A. Transportation Improvements Traffic impacts for all Phases of the Del Mar Southside Campus development will have an impact to the existing roadway network. The existing roadway network, with the proposed Rodd Field Road improvements were analyzed with additional improvements to improve the LOS throughout the study area. For each Phase of Construction and for three different Scenarios, the LOS was analyzed with network improvements consisting of left -turn lanes, right -turn lanes, right -in right -outs, right out only, stop control and signalization control to accomplish the Cities requirements of LOS as stated in the Unified Development Code (UDC). For Scenario 1: (without Bronx Drive Extension), See Exhibit 17a, Exhibit 17b and Exhibit 17c for recommended transportation improvements for Phase 1, Phase 2 and Phase 3 of Development. For Scenario 2 (with Bronx Drive), See Exhibit 18a, Exhibit 18b and Exhibit 18c for recommended transportation improvements for Phase 1, Phase 2 and Phase 3 of development. For Scenario 3 (with LJA Rodd Field Road Design), See Exhibit 19 for recommended transportation improvements for Phase 1 of development. No improvements required for Phase 2 and Phase 3 on Rodd Field Road. Proposed driveways for the Del Mar Southside Campus are located within the recommended spacing as per the UDC and TxDOT Access Management Manual. The proposed driveways within the site circulate around the student parking only and share only one connection from the east parking to the west parking. The City's policy for funding proposed improvements normally falls on the Developer. B. Signal Warrant Studies and Applications: The Texas Manual on Uniform Traffic Control Devices (TMUTCD) defines nine warrants, or justifying sets of conditions, which at least one should be fully satisfied before signalization is considered as an option for traffic control. Traffic volumes, the number of traffic lanes, the prevailing traffic speeds, traffic accident experience, and measure delay for minor street traffic are the factors included in the evaluation of these warrants. The traffic volumes used for the analysis will be the existing traffic plus a projection of traffic exiting and entering the opening day occupied by the Del Mar College Southside Campus development. Traffic was projected using standard trip generation and traffic assignment procedures. Signal Warrant Analysis that DID MEET Signal Warrants: • Yorktown Boulevard with Bill Witt Entrance/Bronx Drive/DW1 for Phase 1 development, Scenario 1, 2 and 3. • Rodd Field Road with DW5 for Phase 2 development, Scenario 1 and 2. • Airline Road with Lipes Boulevard for Phase 3 development, Scenario 1 and 2. Signal Warrant Analysis that DID NOT MEET Signal Warrants: • Rodd Field Road with Presidents Drive. The detailed warrant analysis worksheets, including the warrant curves are included in the Appendix. Spacing Between proposed traffic signals Traffic Impact Analysis (TIA) —June 2017 11 DEL MAR COLLEGE SOUTHSIDE CAMPUS •.o.-RURRETT INTELLIGENT L TRANSPORTATION SYSTEMS, LLP • On Yorktown Boulevard traffic signal spacing's are as follows: Rodd Field Road to Bill Witt Entrance/Bronx Dr/DW1 is approximately 2,958 feet. Bill Witt Entrance/Bronx Dr/DW1 to Cimarron Boulevard is approximately 2,270 feet. • On Rodd Field Road traffic signal spacing's are as follows: Yorktown Boulevard to DW5 is approximately 1,080 feet. DW5 to Airline Road/Slough Road is approximately 1,578 feet. The posted speed limit on Yorktown Boulevard is 45 MPH. Rodd Field Road has a posted speed limit of 50 MPH and proposed speed zone of 40 MPH after construction. C. Driveway Design Guidelines The proposed driveway locations balances spacing with the other adjacent driveway within the project site. The proposed driveways are essential to handle the projected traffic volumes for full occupancy. Examples of practical driveway designs to accommodate the type of vehicles expected is shown on Exhibit 15. Recommend a minimum Type 2 design for all proposed driveways. Traffic Impact Analysis (TIA) —June 2017 12 DEL MAR COLLEGE SOUTHSIDE CAMPUS •.ou-RURRETT INTELLIGENT L TRANSPORTATION SYSTEMS, LLP VII.Conclusions A. Site Accessibility The Del Mar Southside Campus will have 3 access driveways on Yorktown Boulevard and 2 access Driveways on Rodd Field Road. B. Transportation Impacts The City of Corpus Christi has Rodd Field Road scheduled for pavement rehabilitation construction for late 2017. The improvements will include a T -Intersection at Yorktown Boulevard, a new traffic signal and proposed improvements to intersection #2, #3, #4, #DW4 and #DW5. The Del Mar Southside Campus will generate a significant number of trips for both the AM and PM peaks for all Phases of development. The LOS for the roadway transportations system remains at LOS D or better with recommended improvements for phases 1, 2 and 3. Del Mar College has officially requested the City Transportation Advisory Commission (CTAC) to consider the deletion of Bronx Drive from Master Channel 31 Ditch to Yorktown Boulevard from the UTP. Bronx Drive removal from the UTP will have some traffic impact to the existing roadway network. Local traffic heading to Yorktown Boulevard will have to continue to use Cimarron Boulevard or Airline Road to get to Yorktown. Fire Station No.17 would have a longer response time for all emergency calls for the Bronx Drive neighborhood. At an average speed of 30 MPH, emergency response time to Bronx Drive @ Lipes Boulevard would be 1 minute and 22 seconds with Bronx Drive open as opposed to 2 minutes and 55 seconds with Bronx Drive closed. The LOS for the roadway network will be the same with or without Bronx Drive extension. Scenario 1 (without Bronx), Scenario 2 (with Bronx) and Scenario 3 (with LJA design) will operate at a LOS D or better, for all Phases of construction. The removal of Bronx Drive from Master Channel 31 Ditch to Yorktown Boulevard will have no major adverse impact to the street network. C. Need for Improvements Depending on which Scenario for all 3 phases of constructions, recommended roadway improvements, signalization, right -in right -out designs are recommended as detailed in Exhibits 17a, 17b, 17c, 18a, 18b, 18c and 19. This study was prepared in compliance with applicable local codes and plans, Unified Development Code and Urban Transportation Plan (UTP). Traffic Impact Analysis (TIA) —June 2017 13 DEL MAR COLLEGE SOUTHSIDE CAMPUS INTELLIGENT L TRANSPORTATION SYSTEMS, LLP VIII.Recommendations: A. Proposed Site Plan Recommend the Developer to consider providing circulation access within the proposed site plan for better internal traffic movements. Recommend that the Developer provide transit, Pedestrian and Bicyclist facilities. Recommend the developer prepare a letter of intent allowing for a multi -use path for bicycles and pedestrians along Bronx Drive/ DWI. See Appendix for a copy of Del Mar College letter of intent. B. Street Improvements For Intersection #DW5 (Rodd Field Road with DW5) an intersection design with a traffic signal will handle traffic better than a U-turn configuration on Rodd Field Road. Existing traffic from Del Mar Southside Campus heading north on Rodd Field Road from DW5 will create a traffic backup on the campus without a traffic signal. Signal Warrants are justified for Phase 2 (2025) of development. A Synchro output comparison was conducted with the U-turn design versus the intersection at DW5. Synchro output showed the two comparisons to be very similar See Appendix for comparison U-turn versus intersection design report. Due to the analysis preformed for the street network for all Scenarios and Phases of construction, we recommend Scenario 1: (without Bronx Drive Extension) be implemented. Recommend the City to consider the removal of Bronx Drive extension from Master Channel 31 Ditch to Yorktown Boulevard. The removal of Bronx Drive will have some; but not sufficient impact to the existing roadway network to warrant its continued inclusion in the UTP. The deletion of Bronx Drive will have an acceptable LOS of D or better to the existing roadway network and will be in compliance with the UDC. Recommend traffic signals be coordinated and maintained for signals along Yorktown Boulevard and Rodd Field Road. Below is a breakdown of proposed improvements for Scenario 1. Phase 1: Improvements Intersection #DW1 (Yorktown Boulevard @ Bill Witt Ent/Bronx Drive/DW1) Recommend a 300' storage left turn lane on Yorktown Boulevard EB, a 150' storage right -turn lane on Yorktown Boulevard WB, 2 out -bound lanes, a left -turn lane and a shared straight -right lane on Bronx Drive/DW1, 2 in -bound lanes and traffic signal control. Intersection #DW2 (Yorktown Boulevard with Bichon Drive/DW2) Recommend a 150' storage right -turn lane on Yorktown WB, 2 out -bound lanes, a left -turn lane and a shared straight -right lane on DW2, at least 1 in bound lane and stop sign control. Intersection #DW3 (Yorktown Boulevard with Bay/DW3) Recommend a 150' storage left turn lane on Yorktown Boulevard EB, a 150' storage right -turn lane on Yorktown Boulevard WB, 2 out -bound lanes, a left -turn lane and a shared straight -right lane on DW3, at least 1 in -bound lane and stop sign control. Intersection #DW4 (Rodd Field Road with DW4) Recommend a 150' storage right -turn lane on Rodd Field Road SB, a right in right out on DW4, 1 in -bound lane and stop sign control. Traffic Impact Analysis (TIA) —June 2017 14 DEL MAR COLLEGE SOUTHSIDE CAMPUS NAou-RURRETT INTELLIGENT I TRANSPORTATION SYSTEMS, LLP Intersection #DW5 (Rodd Field Road with DW5) Recommend a 150' storage left turn lane on Rodd Field Road NB, a 150' right -turn lane on Rodd Field Road SB, 2 out -bound lanes, a left -turn lane and a right -turn lane on DWS, 2 in -bound lanes and stop sign control. Intersection #3 (Rodd Field Road with Presidents Drive) Recommend a right -in right -out on Presidents Drive and stop sign control. Phase 2: Improvements Intersection #DW2 (Yorktown Boulevard with Bichon Drive/DW2) Recommend a right -out only on Bichon Drive and DW2 and stop sign control. Intersection #DW3 (Yorktown Boulevard with Bay/DW3) Recommend a right -out only on Bay Drive and DW3 and stop sign control. Intersection #DW5 (Rodd Field Road with DW5) Recommend a traffic signal control. Phase 3: Improvements Intersection #DW1 (Yorktown Boulevard @ Bill Witt Ent/Bronx Drive/ DW1 Recommend 300' storage dual left -turn lanes on Yorktown Boulevard EB. Modify traffic signal to accommodate dual left turns. Intersection #5 (Airline Road with Lipes Boulevard) Recommend a traffic signal control. Installation and maintenance shall be the responsibility of the City of Corpus Christi. C. Funding Based on prior projects the Cities funding practices required Developer participation to fund improvements necessary to the on-site and off-site street network. Recommended improvements are necessary in order to provide a functioning street network for the City to maintain. Discussions between Del Mar College and City of Corpus Christi concerning funding are necessary and encouraged. Traffic Impact Analysis (TIA) —June 2017 15 DEL MAR COLLEGE SOUTHSIDE CAMPUS •rou-RURRETT INTELLIGENT L TRANSPORTATION SYSTEMS, LLP References: 1. Trip Generations, 9`h Edition, by the Institute of Transportation Engineers (ITE) and the Highway Capacity Manual 2010. 2. American Association of State Highway and Transportation Officials (AASHTO) and published in the 2004 edition of A Policy on Geometric Design of Highways and Streets (Green Book). 3. Highway Capacity Manual, (SR 209), Transportation Research Board, Washington, DC, 2010. 4. Texas Department of Transportation's, Transportation Divisions Statewide Planning Map, 2013. S. Texas Department of Transportation's Guidelines for Conducting a Traffic Signal Warrant Analysis, 2nd Edition. 6. Texas Manual on Uniform Traffic Control Device (TMUTCD). 7. Texas Department of Transportation's Access Management Manual. 8. Regional Parkway — Planning and Environmental Linkages (PEL) Study Traffic Analysis Technical Memorandum Traffic Impact Analysis (TIA) —June 2017 16 DEL MAR COLLEGE SOUTHSIDE CAMPUS NAou-RURRETT INTELLIGENT I TRANSPORTATION SYSTEMS, LLP Exhibits Traffic Impact Analysis (TIA) —June 2017 17 DEL MAR COLLEGE SOUTHSIDE CAMPUS ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 18 ALOO•A o•.••NESTT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 19 L a1 71adoa ai3IJ aaoa ill. • •. soca v A IA CO s F Pr a f *1111M •1 ., .! • : f 4 a ep J0_ LLJ A .1 y •F til LJJ g: • v F . •rF • 7 Z m x x a C3- Lai U z • j T O • I o O 0. 0_ 1.- D .- = ..r...1 f* f I— "' • ' • ' swab+�+ I 'U T a • TI V V 10C- i / y s 4111011.1111r Iwommummwommunsi immummonimoommotI• ... ; I I i ' limemommen4 • • Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 19 ALOONA ou•euNESTT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 20 EXHIBIT 3 EXISTING PEAK HOUR VOLUMES 14) NTS C /pfs k of • A LEGEND �o `~ 1 /1 C/p4- z �� AM (PM) TMC XX (YY) ' 44 TURNING MOVEMENTS 1 t r / dffif �q FUTURE ROADWAY °fir N�3\ C DW 1; SITE \De4,1's DW2,' 3 A. DW3, Dw \ •W4 \ C1TY PROGRAMMED z_� YRENES ?0,47.7RRAFFIC SIGNAL N ' y 4',_-s _a• �p� `,,? �nEO 9 ?7 IsY, (,c~ 1� 301 333' 98 f36�6j y q f232 j f".9/)' y 7 dRk pdkb pq, 'Iv D7 CO cke433 47 p 4 O ryM� 0 `� 4. ti: O 2658 f3 ..--, 4p ?y0, r20� r f3SSdJ f 3001 y n. , ' � a‘ `' k~& to d p FS/. J, 4- I 6 f2 41 1% J 1 �m yCop al �o� ry�� 9, 4 p �� y / •>$. 2 f �` �2 jr f66j 90fr rsg94� !s. 9d f36 q> 9/J , � O(/CH l n,P 41 .7 Co y, 1 2 3 4 c0 n> 'J a C/pes `■ 34 (42) J 75(4211 ■ D Z r'-' R v 2 Irp9r3fis 3� 8 p, ;c' ryry0 0g� s36 w ��. � � /' CIA ' esu` / M ,�^ 1i , �4spl �� yp�p •4 d f 0 2 P c, 1 9 fJ 9ff r99 s, .v, 07 7q / ip II (f''T� y V) / es J m,� O M'0 '� tipry`y �Q so /k^ S. , S` er /3 3f8JJ� A�362tS 9� f8 0 rdR 3~ A kTD _Olp ' y 6 7 ij, '$O' /O / 9 1 /r . 2,%2 2()7s?►X2d r� , r1 't?' :" 0, P� ti ,,,^) /O / / q / /1R 2s22J/S f7yi220.9J 2Sl r ,-.k7 sr.P4°) ,?..2 0' �� O py Wv , 4, ryM yo l p 4 . s_ 01 p� m� O 'o v P 4/ ` ti .7 O Il , ,T 0' DW2 DW3 DW4 DW5 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 20 ALOONA ou•euNEETT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 21 EXHIBIT 4 SCENARIO 1: (WITHOUT BRONX DRIVE/ PHASE 1: (2020) PEAK HOUR VOLUMES NTS Id a�} mm �/ LEGEND yip pAM (PM) TMC XX (YY) /44, `�CTeR TURNING MOVEMENTS 'l t r e�,// Of �H/y�3r Sc FUTURE ROADWAY t BCH DWI; SITE � DW2,' 3 DW3, DW.3`\ �i� •�� 1W4 \ m3 CITY PROGRAMED YRENES rfJRA TTRAFFIC SIGNAL 04 4, `rA ��yryhro A. h* ^ dig !! 389!'q 1 L0 2)9 30 (3 88J 9 rBJ Y 6!239 J 8;L."), �► rj �4KTp� J pv p0 pas , ryryh OOS o M �COQ� a b ^ f 93!3 r, poR g. 626!23 T! r3� 9J 0l:1 8J `� r J 2 4„In:7p h 'ham p a:/Sf, f, �so4o� 0l6JH f h O 3 ofl 0�1 ``y `Pv+:p • `�C :� 4'4-) /q 8sr, G 12). (65 l62rl�s'i , lOk3 41,J 213 I `, OGGh, qTJ : M� M ` `p ys ��as h cry 4 `n01 ■ zit 1 I1�6 (1041 r- r'' R r,82s)r 9rs�i89J R4`tom h� 6S T !a R 20 1127JJ�/I 73l s�J // (Ipe ` I/ / . a i Opti R X00! ?Q2!!y �` 1� x,33174 J 1r39s 99� 4.1,,, /!9J 6ji .... 0f M m h ^`pry n7 ! �' O ^ / 6 q S !!3� A'� p8pl g5J 318�J� RR r3l8JlSq>J ^�kTO�H ‘C!' CS' ` o . hQ o 5 6 7 DW1 /41. S l /jo p 0 O // l �i P // 2j! g72y!) ' � s36 �6J 2�(3e6- 2212 83J 22j �? �L7 /`•yam py, ry ti /*"i . ml co v /p nM hp p o a // \ ��4 cn cp p W f P / 2j ` �� '7 Igs21(I 1 �/ 'ss3r'6J )alq .gyp It 2s S �96J 1� 23!2? 90J sJ �f 121J1�► /y. y a p. aim p d h v .... �h et ryapy 4~ . ` �J 0 2g �. �( 10 l2 9J ,_# OJ V) ,y0 h DW2 DW3 DW4 DW5 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 21 ALOONA ou•euNEETT INTELLIGENT TRANSPOATATION SYSTEMS, LLP EXHIBIT 5 SCENARIO 1: (WITHOUT BRONX DRIVE) PHASE 2: (2025) PEAK HOUR VOLUMES Mph^^) ~ �h M * oihhlh l v_Ji,' "3c`� is'r r,((, 15 39 ,Sa> ()64 y r 3 Trr4S9, 0,'a,/ )494,0 6) A. r r / r rsr eiP °t c F< DW1' SITE DW2,' DW3, 41) IYT S g o LEGEND 4~� AM (PM) TMC XX (YY) ry TURNING MOVEMENTS "ltr FUTURE ROADWAY 1 W4 3 DWS\ YREMES CITY PROGRAMED JrrpT�RAFF IC SIGNAL N 4 z rh 155(14& ) 130(112)) DW2 SJ9 13 r32J ,,9..79,''i. q47(.1, itis, -044, A. a rg'ti rp mrr geib,t3 / S. A �h � Q.4.9 0 3��BS1-1 P .`u .01 DW3 DW4 DW5 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 22 ALOONA ou•euNEETT INTELLIGENT TRANSPOATATION SYSTEMS, LLP EXHIBIT 6 SCENARIO (:(WITHOUT BRONX DRIVE) PHASE 3: (2030) PEAK HOUR VOLUMES DW3, 0 4 0 1 W4 3 D \ CITY PROGRAMMED TRAFFIC SIGNAL LEGEND AM(PM)TMC TURNING MOVEMENTS FUTURE ROADWAY AfTs XX (YY) ntr 6e �3I (i83I /4) •a 4 DW2 DW3 DW4 DW5 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 23 ALOONA ou•euNESTT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 24 EXHIBIT 7 SCENARIO 2: (WITH BRONX DRIVE) PHASE 1: (2020) PEAK HOUR VOLUMES NTS h <fpfS 0 �a 6 n o LEGEND 'tfpFSz / /4(4 �y N\3� S i p S DW1, SITE \ f°4r, DW2.' DW3, �= c�.� ' 4 0 - o`erAM(PM)TMC XX(YY) TURNING MOVEMENTS 1Yf�I/af FUTURE ROADWAY S4 0,9 3 DW\� \ \ CITY PROGRAYIIEO 'YRENES )q TRAFFIC SIGNAL kTp `�y� a'' "? o N'-' .. �S 19 r �y99r0&9 r3rr3.i 38$;Ile) / Q f .J p^ O 4; 10 n� O �4 h `4�OI �0 C b ai- 3r3 Nt... ,r38ar2 q9 3s�(91))J` . N`V�� ^, " hp< Al. R l� � rJHi mr pl 6 •! � ^ bo • s- P 9� f41�py �bhh$j! f h J 2�} hN"^ Sf. NPL. , ...6, /4. 66o J 6�T s(2,,,,"),,,,, 3J98? 0GCq� of'y llrra'N1'h, 1 4 \ o`h TL Mb b (r." ------ .` O <„ + FS 1 54 (143? 116(104) a XI T2s �spr'�/6 68i 9� 2 ` bp�M� r�bNp } 9? r �� 3r4r0J re IS �R/�Ip r2�J ?gr9�J ��/ f i� es ' �lp� //' �o �� 3 • P b a g -. ab E� 23r i (k� vrsT rrJ2SJ �o������JJ 1` pgr �9J rSTJ1l� i0S I om�,1 ,-*Ii. ry^a"� o to 4 cb P. O� by -"' `7 �� les 92., c p�1 're 0r4S 13S 9�J r3 pr59T r J�y m� r 4.'Pb I A4 4-, o� /N r0 p •p` / f NW c2' tit, / 2/ 5"16, 16J / or L / sr �� 22r�26j Y 22J 3i, ,1` `p o r4 p `ry ti DW2 /"7 /O p .o` r li ,� c3 O. 1 2f q99 l r'6J // 6 -„ti 26 2 yJ r r22J aJ `., CZ' 0711 4 cb p `N °' Dw3 7 : o A. ' 4r q ^ N '�:( 1 `JIM QO /8r43' \!� tri h DW4 D!T P P� O �.h 4,� O N", 4 S`\ •J�p o0 2Srs 4O ort p J l� 4? PhP 4) O -, h DWS Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 24 ALOONA ou•euNEETT INTELLIGENT TNANSPOATATION SYSTEMS, LLP EXHIBIT 8 SCENARIO 2: (WITH BRONX DRIVE) PHASE 2: (2025) PEAK HOUR VOLUMES m 0 DW3, 1 W4 YRENES 3 D\ CITY PROGRAMED key? TRAFFIC SIGNAL 0 NTS LEGEND AM(PM)TMC XX(YY) TURNING MOVEMENTS "ltf FUTURE ROADWAY 4 A f7 158 (148) 130(11231 z rh DW2 N DW3 DW4 DW5 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 25 ALOONA ou•euNESTT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 26 EXHIBIT 9 SCENARIO 2: (WITH BRONX DRIVE)(i) PHASE 3: (2030) PEAK HOUR VOLUMES NTS <fpEs 4- - 6 p LEGEND t ,` z.r, k.4' AM(PM)TMC XX(YY) /I/z pp TURNING MOVEMENTS 'i t ( , 44 FUTURE ROADWAY �e 0,4,. j, 3\ s4 aR °icy Sr0 DW SITE \ Eyr, DW2,` 3 DW3, D -4� .W4 \ �,? CITY PROGRAMED 'YRENE-5 ,),__ TRAFFIC SIGNAL `IO03 P ` ry�,� �a� AI ro �✓ �P�ti V. X93 l6?� �4 9/9 .7.9..., J23J �� 83J q°8�3°3J ..-3 le Jq?J y Y°qkT S8J f Ogg h P, r,p ap 1 �o Q1" to ? n h �� tih q g3gr •� Ss?(33 gDq�sSSsJ S(SD9J S2J it 8J Iwiv ^IFi O `` `� "P .' i tii h p�� v, '{, 4 fn "; p m ^7m O PCO < 1 � 2 �' S 0� i �� i9s°Sr • f�JS�B3 13 8 S eS�2i8i i J69 0, J J� f 9j0) y e86) J /� fnl9�0A. 40' co, cry ^ R W`° <7 ("-------- ��� in s) 4 (IpE3 163(154) 779(136)), z ' R3 Ir` 9i� r8 r'Jssi 2 ti4. e`}� h 4114P. /2 II," JJ m ~` ea,1.2,, sJ OJJ JC'r. �2, s9J � r I f 1pEs J �r// 140��,` "1@ P 47 3 6? 1 �••^`xg-f �� '� q, . J J • c~ • J q �J !q s�B1 TOJ r20� J96�J 9 r��� IpEs IBJ SiJ / 4.;,"<134,; � `gyp n4/ti 4 1 r ,yh-� bile O „of r'mI J l ` C• 23J Q 183 qJ ro% Q qJ 7(Si � qr� pJ� YpR 'Di 88J KT° f ; r� lyH `o ,� 4.. /p„,0 sati ` lss(9sa, w rr r 28 8 908 28r28°j'+ i►Y 2gJ J �� s°- 04, O,Q�,rOg'N DW2 6 p. mry'lr C. 98 es l3J Rf r, % 3�16(9 3�268J`a raY 28J J6�°l� J `ry. lb”? n2 DW3 7 4T4`h p tib ,-0 6f r�g2J ,!` `ryP DW4 D !! l A.O p ..P Nl p+ e, -1,J Xec ` �o �n."..-4-7 ch DWS Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 26 xLOONAou•xuxxTTT INTELLIGENT TNANSPCA TAIT. SYSTEMS, LLE Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 27 SCENARIO 3: PHASE r# Q¢� 6 (\ / /1 s ak °ti -c, \ m 104 DW 1,' SITE DWS.' *4'4-2e r / � - m` Qa$ 'YRENES EXHIBIT 10 RODD FIELD RD) VOLUMES NTS LEGEND (WITH LJA DESIGN ON 1: (2020) PEAK HOUR �fp T ��° FS 5 o00 3, SC N. A BCH S \ iO4?, 3 Dw3, D\ \ IW4 m - AM (PM) TMC TURNING MOVEMENTS FUTURE ROADWAY \ XX (YY) 'ltf CITY PRODRAIMED j TRAFFIC SIGNAL C4Pk0 nN ,r4; �', (3s.. �► (3.›....-,.1 , er i." �� o . .e, � . l 0 rsJ i 9' 398.) to cbh IIII:: 2 3 �3M IT O '` '� P 1 Ts 4S9 r�s� f iI 25 3 57- 262:9 r ,5e90 j, f �Rk70, I N r� AI 03 1`f0 o a 1 oa �D o e'frq `La) 4 `� P O I. .), �f e, f rym� ya DW4 1 1 Q tZ IV P. M O w ,0 AI ,8�93J �1 ` 1C `Orye `gym DW5 DW3 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 27 ALOONA ou•euNEETT INTELLIGENT TNANSPOATATION SYSTEMS, LLP EXHIBIT 11 SCENARIO 3: (WITH LJA DESIGN ON RODD FIELD RD) PHASE 2:(2025) PEAK HOUR VOLUMES DW2/ NTS LEGEND AM(PM)TMC XX(YY) TURNING MOVEMENTS 'tr FUTURE ROADWAY C 3 DW3, D\ 1 W4 Cy CITY PROGRAMED rQQ�, TRAFFIC SIGNAL DW4 3 P�1 row � ,4 ti� DW5 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 28 xLOONAou•xuxxTTT INTELLIGENT TNANSPCA TAIT. SYSTEMS, LLE Traffic Impact Analysis (TIA) -June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 29 q.6 6:5-„, l,r 33 SCENARIO 3: (WITH PHASE m / / /4 1 HeI �Q3 m\ DWI) SITE DW2,' s./ �_ YRENES EXHI9IT 12 \ FILL❑ RD)lib NTS LEGEND LJA DESIGN ON RODD 3: (2030) PEAK HOUR VOLUMES a a Grp �� FS Z 5 ° J S� \ pR �Cy S \4.4'r 3 DW3,a 1Wa - AM(PM)TMC TURNING MOVEMENTS FUTURE ROADWAY D XX(YY) 'I t ( CITY PROGRAMMED ., TRAFFIC SIGNAL D. l(pti 1 ♦ 02-/3.��ry 0 � ry0 2 3 /O�� ti 4 �$ ,,86B2ri8 118 S3� �3� r93p 9J 98i �tpR �8: Ory Oispv m� p �� �l / n9 � p b� 0 �Sr2 �� 61� . i4 �ryry` DW4 tipry :F. 7' [ vv is M pp ° 81�� �� 9e� . 1� If �L DW5 DW3 Traffic Impact Analysis (TIA) -June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 29 ALOONA ou•euNEETT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 30 /C, �j 'VA y EXHIBIT 13 NTS \ \ 0 EXISTING TRANSPORTATION SYSTEM SITE 40 i / Y / / , < IpF 3o ,/ w\ „. Aga \ 'C� f \ A I RFSID EHT t // WW1, r` SITE \\ s l�j! �fr ,,,,.-,-..,,4.... � DW2/, \\ 1`` r DW3. pW45 ``\ 414Z4® PYRENESS • N TERRIER PROGRAMED TRAFFIC SIGNAL (YR 2018) LEGEND EXIST. STOP SIGN EXIST. TRAFFIC SIGNAL LANE CONFIGURATION Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 30 CO CIMARRON BLVD RESIDENTIAL DRAINAGE BILL WITT PARK ENTRANCE 1r 1VI1N301S3a FRI FSI- zo no 0 Z 30 1 133H PI X 2 CO ie 9NISSOao Na0 CIMARRON BLVD MATCH LINE 1 REVISION NO. DATE BY DESCRIPTION REVISION NO. DARE DESCRIPTION DEL MAR COLLEGE SOUTHSIDE CAMPUS VICINITY LAND USE CITY of CORPUS CHRISTI TEXAS Deportment of Capital Programs MALDONADO - BURKETT PIIEWCEnr FRANrRrnnou s`1.STZS LLP TRH F�TIp0�258P' RR zo nz 0 MATCH LINE O zo 0 z Z JO Z 1331-I5 rn X 2 W DEL MAR COLLEGE SOUTHSIDE CAMPUS VICINITY LAND USE CITY of CORPUS CHRISTI TEXAS Deportment of Capitol Programs MALDONADO - BURKETT inFKu�F�F riwwzFOR„,,,, s;U:7 ur iBFE FEG� F-TIp0�258P 0). LEGEND: ETW-EDGE OF TRAVEL WAY EP -EDGE OF PAVEMENT RESIDENTIAL MINIMUM R25R25 MINIMA FOR RESIDENTIAL - URBAN • MOST SUITABLE FOR LOW SPEED URBAN AREAS • MOST PASSENGER CARS, SUV's AND PICKUPS ARE BLE TO RN INTO DRIVEWAY AT VERY LOW SPEEDS TYPE 1 EXHIBIT 15 PROPOSED DRIVEWAY TYPICAL DRIVWAY DESIGNS URBAN RESIDENTIAL/COMMERCIAL BETTER R50' R50' • ACCOMODATE G • SLIGHTINCREASE INVEHICLESPICKUPS T TRAILERS SAFETY SINCE TURNS CANBE MADE AT HIGHER SPEEDS • CAN REDUCEEDGEDROP-OFFS • CAN INCREASE LENGTH OF DRIVEWAY CULVERT AND COST Of DRIVEWAY TYPE 2 RIGHT IN/RIGHT OUT OF DRIVEWAYS OR DRIVEWAYS ON ONE WAY ROADWAYS (FRONTAGE) • MOVEMENTSNONTOTFRONTAGE ROAD/FREEWAY LESSENS NTIAL FOR BROW WAY TYPE 4 ETW\ URBAN/RURAL RESIDENTIAL/COMMERCIAL VARIES EPJ L 60 DETAIL 90• ANGLE 60' 12-16' IES R60 SEE DETAIL R60' ADDITIONALLY • REDUCES READ -END TYPE CRASH POTENTIAL BY MOVING THE TURNING PROCESS COMPLETELY OFF THE THRU LANE ACCOMADATES LARGE TRUCK TURNS • PROVIDES PULL -CUT AREAFORMAIL DELIVERY ams TYPE 3 HEAVY VOLUME/HIGH SPEED COMMERCIAL WITH DECELERATION LANE/WITH OPTIONAL ACCELARION LANE VARIES 12-16 ARMS • OPTIONAL ADDITIONALLY PROVIDEFURTHERS DECREASE POTENTAILEREAR-ENDRTYPETCRASHES TYPE 5 Traffic Impact Analysis (TIA) —June 2017 33 DEL MAR COLLEGE SOUTHSIDE CAMPUS 1.1.11011.11-2.011.11 EXHIBIT 16 Traffic Impact Analysis (TIA) —June 2017 34 DEL MAR COLLEGE SOUTHSIDE CAMPUS as Fl9 ^74 j; i ,. ', 1ii11,r RODD FIELD ROAD EXPANSION ` /� ` (BOND 2014) PROJECT NO E15112 ,� (Yorktown Boulevard Boulevard) .-.`�j.—,a�p.s ZI o � o �_ ® ...,®..�.� ... ...' "mom—� / .....— ROAD MAW -- IIS. -�"tel Me - '.1 . w'c .. �,.®: �� .:.,e �� .� �.d "� d '� aowo Pygw ELu.a ��t-i _ A 6810. Traffic Impact Analysis (TIA) —June 2017 34 DEL MAR COLLEGE SOUTHSIDE CAMPUS ALOONA ou•euNEaTT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 35 PROP. PROP. RECOMMENDED � 1' ,..., E PROP. PROP. PROP. EXHIBIT 17a errs %_- pR est °Fh'rs v �o = 4y r TRANSPORTATION SCENARIO 1: (WITHOUT PHASE 1: PROP. Cpp� PROP. si / (44Si.4, O\ �3� / 9 ti �_�' 4 �_ *•1 ISS ...... r�kro IMPROVEMENTS BRONX DRIVE) (2020) 3 RIGHT -IN RIGHT-OUTp STOP SIGN CONTROL II Pes / \ \ NA RESPp SITE --,;.:Ts -..,, DW2: r° DW3, y� PYRENESS ERRIER , '...,300 :q�` ��\\.‘‘\ ` • 4.—/C�% V 4k-, IliiiAlt* DW1 c, PROP. LEFT TURN LAi PROP. PROP. TTIGHFICT USIr ALRN 11 �� "i o "i(„,/ • )'.0.9 '''''''''''s A. it4 Q:1 �5P � 3 DW5 \ DW4 �--..., �r0 ;47 O �$ y~ '. o �/ ‘//////tro/ Plitr = O r V = 4.... fii_ ��� fir DW2 RIGHT STOP SIGNNCONTROL LANE DWS PROP. LEFT TURN LANE PROP. RIGHT TURN LANE PROP. STOP SIGN CONTROL LEGEND DW3DW4 LEFT TURN LANE RIGHT TURN LANE STOP SIGN CONTROL PROP. RIGHT IN -RIGHT -OUT PROP. RIGHT TURN LANE PROP. STOP SIGN CONTROL PROP. LANE PROP. STOP SIGN TOP TRAFFIC SIGNAL g CONFIGURATION +to - Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 35 ALOONA ou•euNEETT INTELLIGENT TRANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 36 EXHIBIT 17b RECOMMENDED TRANSPORTAT ION IMPROVEMENTS(ill SCENARIO 1: (WITHOUT BRONX DRIVE) NT5 PHASE 2: (2025) `IPPS A- 4- 4- 4 a ` G~ / ./ LIF p es Ol' 1 ,/ \ , \ II IS \pRFsjD "-4111S 1110 ' FNTs SITE �\ DW2; 3 $1 DW3, DW5 \ N- � DW4 \\ 4\ � r PYRENESS ERRIER N Q� S k cr °RKTN "Jd % DW ti PROP. TR FFSIC SIGNAL DW2 PROP. RIGHT OUT ON r Pr- BICHON & DW2 rMTOitk A. 0v DW3 LEGEND PROP. STOP SIGN Toa PROP. RIGHT OUT ON BAY & OW3 PROP. TRAFFIC SIGNAL g LANE CONFIGURATION Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 36 ALOONA ou•euREETT INTELLIGENT TRANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 37 RECOMMENDED SCENARIO G~1 a 4.„ EXHIBIT 17c TRANSPORTATION IMPROVEMENTS*I 1: (WITHOUT BRONX DRIVE) ATS PHASE 3: (2030) <IpFS 0¢ a ` 1 Jp p ` / iFS z kti¢ ¢ r� _i'' IW1, \I044, ` SITE '',-r� DW2: 3 i 4_`` DW3, DW5 \` NI- � ' DW4 � r PYRENESS ERRIER y 0 tet? 11111/� .11.Z' �\'� y r kT , V � ro 4� 5 PROP. TRAFFIC SIGNAL (CITY RESPONSIBILITY) LEGEND DWI PROP. DUAL LEFT TURN LANES MODIFY TRAFFIC SIGNAL PROP. STOP SIGN PROP. TRAFFIC SIGNAL LANE CONFIGURATION "► Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 37 Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 38 EXHIBIT 18a RECOMMENDED TRANSPORTATION IMPROVEMENTS SCENARIO 2: (WITH BRONX DRIVE) _ NTs PHASE 1: (2020) o a, dj= A \\�� 3 p pt.....„ S v \ . PROP. RIGHT -IN RIGHT -OUT PROP. STOP SIGN CONTROL 0 - o ti4: _= Ips O k v TD 11 • .iiii" ` DWI / / <Ip O ES PROP. LEFT TURN L E (64s i� a ti`s TER PROP. RIGHT TURN ANE CA/4 i 4 °I)',4'21/4-L.�3/ PROP. T' FFIC SINAL \ Baa 1 k, \ \P'9es IW1' \DENT ` SITE \� DW2: 3 i �`` ❑W3� DW5 \\ l 4. ~� ' DW4 \ PYRENESS ATO ERRIER Y. 4kTpit �4 ��. j� • / Des `� 413 ` ~ 049 "a _ .1f = 04 DW2 —0.-. �„ moo PROP. RIGHT TURN LANE r �� �d _� PROP. STOP SIGN CONTRO kTp c O f� 45 - i A. jar DW5 PROP. LEFT TURN LANE DW3 PROP. LEFT TURN LANE DW4 PROP. RIGHT TURN LANE PROP. RIGHT TURN LANE PROP. RIGHT IN -RIGHT -OUT PROP. STOP SIGN CONTROL PROP. STOP SIGN CONTROL PROP. RIGHT TURN LANE PROP. STOP SIGN CONTROL LEGEND PROP. STOP SIGN PROP. TRAFFIC SIGNAL LANE CONFIGURATION Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 38 ALOONA ou•euNEETT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 39 EXHIBIT 18b RECOMMENDED TRANSPORTATION IMPROVEMENTS(1)1 SCENARIO 2: (WITH BRONX DRIVE) ATS PHASE 2: (2025) <IpFS P' 4~ / 11 <!A A p r FS (�ti� �H�43N�14r o Ol TC��I ¢� ' ¢¢ Sr 1 NN cH °R PAT \\I �FNrs " SITE ' DW2: 3 i 4_`` DW3, DW5 \\ .::::41=.443-~� DW4 \ �a m \ � r PYRENESS ERRIER ry 9�r its -...,4 -,„....9 VA§ 0 rA4KT O / / �d ` --..,ii PROP. TRAFFIC SIGNAL DW2 r r PROP. RIGHT OUT ON 6- o"kT BICHON & DW2 0vA. � LEGEND DW3 PROP.RIGHT OUT ON BAYY& DW3 PROP. STOP SIGN PROP. TRAFFIC SIGNAL LANE CONFIGURATION Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 39 ALOONA ou•euREETT INTELLIGENT TRANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 40 RECOMMENDED SCENARIO G~ 4'2? EXHIBIT 18c TRANSPORTATION IMPROVEMENTS (ill 2: (WITH BRONX DRIVE) hT5 PHASE 3: (2030) `IPPS i a / 1' 41 ^ p f FS z ti<v (�A6gR rj �4 \ RESIp CAT \ rvp SITE �--,, DW2i3 , ,`` 5 \\ ivy DW3, 4 DW4DW\ \ � r PYRENESS ERRIER y ilik..) \\A VZQ� .aiz' g 4 y ,,11111cc k p � „r. cb * 5 PROP. TRAFFIC SIGNAL (CITY RESPONSIBILITY) LEGEND DWI PROP. DUAL LEFT TURN LANES MODIFY TRAFFIC SIGNAL PROP. STOP SIGN PROP. TRAFFIC SIGNAL LANE CONFIGURATION Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 40 ALOONA ou•euNENTT INTELLIGENT TNANSPOATATION SYSTEMS, LLP Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 41 EXHIBIT 19 RECOMMENDED TRANSPORTATION IMPROVEMENTS SCENARIO 3: (WITH OR WITHOUT BRONX DRIVE) PHASE 1: (2020) ��= NTS N..'''o L.71' PROP. LJA DESIGNtit 4pFs m _-�o / /4 fpf / 5 a 4~ S \ \ 04.1et ‘ ' _ �4o / 1, g(`\ AR SC�Ck ® F�$o WW1) SITE \jD\TS DW2i \ 3 ivy DW3, DW5 \\ DW4 ,`` DW4 PROP. LJA DESIGN_ \\ PROP. RIGHT TURN LANE � Y PYRENESS ERRIER 4-00.0 iiiiii1// Des 1��''110 1411111111111111116` ~ / ti' Tows, 2 DW5 PROP. LJA DESIGN PROP. RIGHT TURN LANE PROP. LJA DESIGN LEGEND PROP. STOP SIGN Toa PROP. TRAFFIC SIGNAL g LANE CONFIGURATION Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 41 ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP Tables Traffic Impact Analysis (TIA) —June 2017 42 DEL MAR COLLEGE SOUTHSIDE CAMPUS ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP TABLE 1 SCENARIO 1 - TRAFFIC DISTRIBUTION (2020) TRIP DISTRIBUTION % (AM & PM) DRIVEWAY INBOUND OUTBOUND LEFT (—) STRAIGHT (T) RIGHT (—*) LEFT (—) STRAIGHT (T) RIGHT (—*) Bronx Dr/DW1 75% 0% 25% 25% 0% 75% DW2 50% 0% 50% 50% 0% 50% DW3 50% 0% 50% 50% 0% 50% DW4 30% - 70% 70% - 30% DW5 - - 100% - - 100% DRIVEWAY DISTRIBUTION % (AM & PM) DRIVEWAY INBOUND OUTBOUND Bronx Dr/DW1 40% 40% DW2 7% 7% DW3 7% 7% DW4 30% 30% DW5 16% 16% TOTAL 100% 100% TABLE 2 SCENARIO 2 - TRAFFIC DISTRIBUTION (2020) TRIP DISTRIBUTION % (AM & PM) DRIVEWAY INBOUND OUTBOUND LEFT (—) STRAIGHT (T) RIGHT (—) LEFT (—) STRAIGHT (T) RIGHT (—) Bronx Dr/DW1 75% 0% 25% 25% 0% 75% DW2 50% 0% 50% 50% 0% 50% DW3 50% 0% 50% 50% 0% 50% DW4 30% - 70% 70% - 30% DW5 - - 100% - - 100% DRIVEWAY DISTRIBUTION % (AM & PM) DRIVEWAY INBOUND OUTBOUND Bronx Dr/DW1 40% 40% DW2 7% 7% DW3 7% 7% DW4 30% 30% DW5 16% 16% TOTAL 100% 100% Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 43 ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP TABLE 3 SCENARIO 3 - TRAFFIC DISTRIBUTION (2020) TRIP DISTRIBUTION % (AM & PM) DRIVEWAY INBOUND OUTBOUND LEFT (—) STRAIGHT (T) RIGHT (—) LEFT (—) STRAIGHT (T) RIGHT (—) Bronx Dr/DW1 75% 0% 25% 25% 0% 75% DW2 50% 0% 50% 50% 0% 50% DW3 40% 0% 60% 50% 0% 50% DW4 - - 100% - - 100% DW5 - - 100% - - 100% DRIVEWAY DISTRIBUTION % (AM & PM) DRIVEWAY INBOUND OUTBOUND Bronx Dr/DW1 40% 40% DW2 7% 7% DW3 10% 7% DW4 28% 28% DW5 15% 18% TOTAL 100% 100% Traffic Impact Analysis (TIA) —June 2017 44 DEL MAR COLLEGE SOUTHSIDE CAMPUS ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP Table 4 Definition of Level of Service for Signalized Intersections Level of Service Average Control Delay per Vehicle (sec/veh) Description A < 10 — LOS A describes operations with a control delay of 10 s/veh or less and a volume -to -capacity ratio no greater than 1.0. This level is typically assigned when the volume -to -capacity ratio is low and either progression is exceptionally favorable or the cycle length is very short. If it is due to favorable progression, most vehicles arrive during the green indication and travel through the intersections without stopping. B > 10 and < 20 — LOS B describes operations with control delay between 10 and 20 s/veh and a volume -to -capacity ratio no greater than 1.0. This level is typically assigned when the volume -to -capacity ratio is low and either progression is highly favorable or the cycle length is short. More vehicles stop than with LOS A. C > 20 and < 35 LOS C describes operations with control delay between 20 and 35 s/veh and a volume -to -capacity ratio no greater than 1.0. This level is typically assigned when progression is favorable or the cycle length is moderate. Individual cycle failures (i.e., one or more queued vehicles are not able to depart as a result of insufficient capacity during the cycle) may begin to appear at this level. The number of vehicles stopping is significant, although many vehicles still pass through the intersection without stopping. D > 35 and < 55 LOS D describes operations with control delay between 35 and 55 s/veh and a volume -to -capacity ratio no greater than 1.0. This level is typically assigned when the volume -to -capacity ratio is high and either progression is ineffective or the cycle length is long. Many vehicles stop and individual cycle failures are noticeable. E > 55 and < 80 — LOS E describes operations with control delay between 55 and 80 s/veh and a volume -to -capacity ratio no greater than 1.0. This level is typically assigned when the volume -to -capacity ratio is high, progression is unfavorable, and the cycle length is long. Individual cycle failures are frequent. F > 80 LOS F describes operations with control delay exceeding 80 s/veh or a volume - to -capacity ratio greater than 1.0. This level is typically assigned when the volume -to -capacity ratio is very high, progression is very poor, and the cycle length is long. Most cycle fail to clear the queue. Source: 2010 Highway Capacity Manual Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 45 ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP TABLE 5 LOS FOR SIGNALIZED INTERSECTIONS EXISTING Intersection # Intersection Delay (HCM) AM PM Delay (sec/veh) LOS Delay (sec/veh) LOS Intersection 1: Cimarron Blvd & Yorktown Blvd Overall 25 C 17 B Intersection 2: Rodd Field Rd & Yorktown Blvd N/A N/A N/A N/A N/A Intersection 4: Rodd Field Rd & Airline Rd/ Slough Rd Overall 17 B 13 B Intersection 7: Cimarron Blvd & Lipes Blvd Overall 10 A 8 A Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 46 ■ALnONAon.. UNFIT} INTELLIGENT TIPAMSPORTATCN SYSTENu, LLP TABLE 6 LOS FOR SIGNALIZED INTERSECTIONS SCENARIO 1, 2 AND 3 (SC) OPENING DAY PHASE 1 (2020) Intersection # Intersection Delay (HCM) AM PM Delay (sec/veh) LOS Delay (sec/veh) LOS Scenario SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 Intersection 1: Cimarron Blvd & Yorktown Blvd Overall 24 20 24 C B C B 18 20 18 20 B B B Intersection 2: Rodd Field Rd & Yorktown Blvd Overall 9 9 10 A A A 9 10 10 A A A Intersection 4: Rodd Field Rd & Airline Rd/ Slough Rd Overall 17 17 17 B B B/3 14 15 14 15 B B B B Intersection 7: Cimarron Blvd & Lipes Blvd1.1 Overall 11 13 B B B B 9 8 9 8 A A A A Interesection DW1: Yorktown Blvd & Bill Witt Ent/ Bronx Dr/DW1 Overall 14 14 14 14 B B B B 14 14 14 14 B B B B Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 47 ■ALnONAon.. UNFIT} INTELLIGENT TIPAMSPORTATCN SYSTENu, LLP TABLE 7 LOS FOR SIGNALIZED INTERSECTIONS SCENARIO 1, 2 AND 3 (SC) OPENING DAY PHASE 2 (2025) Intersection # Intersection Delay (HCM) AM PM Delay (sec/veh) LOS Delay (sec/veh) LOS Scenario SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 Intersection 1: Cimarron Blvd & Yorktown Blvd Overall 25 26 25 26 C C C C 21 21 21 21 C C C C Intersection 2: Rodd Field Rd & Yorktown Blvd Overall 10 10 11 A A B 12 12 12 B B B Intersection 4: Rodd Field Rd & Airline Rd/ Slough Rd Overall 17 18 17 18 B B B B 16 17 16 17 B B B B Intersection 7: Cimarron Blvd & Blvd Overall 13 14 /BBB B 10 11/AB/Lipes Interesection DW1: Yorktown Blvd & Bill Witt Ent/ Bronx Dr/DW1 Overall 21 22 21 22 C C C 17 17 17 17 B B B Intersection DW5: Rodd Field Rd & DW5 Overall 6 6 N/A A A N/A 10 8 N/A A A N/A Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 48 ■ALnONAon.. UNFIT} INTELLIGENT TIPAMSPORTATCN SYSTENu, LLP TABLE 8 LOS FOR SIGNALIZED INTERSECTIONS SCENARIO 1, 2 AND 3 (SC) OPENING DAY PHASE 3 (2030) Intersection # Intersection Delay (HCM) AM PM Delay (sec/veh) LOS Delay (sec/veh) LOS Scenario SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 Intersection 1: Cimarron Blvd & Yorktown Blvd Overall 49 51 49 51 D D D D 30 32 30 32 C C C C Intersection 2: Rodd Field Rd & Yorktown Blvd Overall 11 11 11 B B B 13 13 12 B B B Intersection 4: Rodd Field Rd & Airline Rd/ Slough Rd Overall 22 22 22 22 C C C 20 21 20 21 C C C Intersection 5: Airline Rd & Lipes Blvd Overall 8 7 7 A A A 7 7 7 A A A Intersection 7: Cimarron Blvd & Lipes Blvd Overall 17 24 17 24 B C 17 12 12 12 12 B B B B Interesection DW1: Yorktown Blvd & Bill Witt Ent/ Bronx Dr/DW1 Overall 32 35 32 35 C C C 27 30 27 30 C C C Intersection DW5: Rodd Field Rd & DW5 Overall 12 13 N/A B B N/A 16 16 N/A B B N/A Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 49 ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP Table 9: LOS Criteria for Stop Sign Controlled Intersections I FVEL OF SERVICE DELAY RANGE (seconds) A < 10 SEC. B > 10 and < 15 sec. C > 15 and < 25 sec. D > 25 and < 35 sec. E > 35 and < 50 sec. F > 50 sec. Source: 2010 Highway Capacity Manual Traffic Impact Analysis (TIA) —June 2017 50 DEL MAR COLLEGE SOUTHSIDE CAMPUS ALOONA ou•euNBarr INTELLIGENT TNANSPOATATION SYSTEMS, LLP TABLE 10 LOS FOR UN -SIGNALIZED INTERSECTIONS EXISTING Intersection # Approach Delay AM PM EAST BOUND WEST BOUND SOUTH BOUND NORTH BOUND EAST BOUND WEST BOUND SOUTH BOUND NORTH BOUND Intersection 3: Rodd Field Rd & Presidents Dr LOS B N/A FREE FREE B N/A FREE FREE (s/veh) 13 N/A FREE FREE 12 N/A FREE FREE Intersection 5: Airline Rd & Lipes Blvd LOS B N/A FREE FREE B N/A FREE FREE (s/veh) 11 N/A FREE FREE 11 N/A FREE FREE Intersection 6: Lipes Blvd & Bronx Dr LOS FREE N/A FREE N/A FREE N/A FREE N/A (s/veh) FREE N/A FREE N/A FREE N/A FREE N/A Intersection DW1: Yorktown Blvd & Bill Witt Ent LOS FREE FREE N/A B FREE FREE N/A B (s/veh) FREE FREE N/A 12 FREE FREE N/A 14 Intersection DW2: Yorktown Blvd & Bichon Dr LOS FREE FREE N/A B FREE FREE N/A B (s/veh) FREE FREE N/A 14 FREE FREE N/A 15 Intersection DW3: Yorktown Blvd & Bay Dr LOS FREE FREE N/A B FREE FREE N/A C (s/veh) FREE FREE N/A 14 FREE FREE N/A 16 Traffic Impact Analysis (TIA) —June 2017 51 DEL MAR COLLEGE SOUTHSIDE CAMPUS ■ALnONAon.. UNFIT} INTELLIGENT TIPAMSPORTATCN SYSTENu, LLP TABLE 11 LOS FOR UN -SIGNALIZED INTERSECTIONS SCENARIO 1, 2 AND 3 (SC) OPENING DAY PHASE 1 (2020) Intersection# Approach Delay AM PM EASTBOUND WESTBOUND SOUTH BOUND NORTH BOUND EASTBOUND WESTBOUND SOUTH BOUND NORTH BOUND SCENARIO SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 Intersection 3: Rodd Field Rd & Presidents Dr LOS B B B N/A N/A N/A FREE FREE FREE FREE FREE FREE B B B N/A N/A N/A FREE FREE FREE FREE FREE FREE (s/veh) 11 11 11 N/A N/A N/A FREE FREE FREE FREE FREE FREE 11 11 11 N/A N/A N/A FREE FREE FREE FREE FREE FREE Intersection 5: Airline Rd & Lipes Blvd LOS C C B C N/A N/A N/A FREE FREE FREE FREE FREE FREE C C B C N/A N/A N/A FREE FREE FREE FREE FREE FREE (s/veh) 16 16 14 16 N/A N/A N/A FREE FREE FREE FREE FREE FREE 17 17 14 17 N/A N/A N/A FREE FREE FREE FREE FREE FREE Intersection 6: Lipes Blvd &Bronx Dr LOS FREE FREE FREE N/A FREE FREE B B B N/A C C FREE FREE FREE N/A FREE FREE B B B N/A B B (s/veh) FREE FREE FREE N/A FREE FREE 12 13 13 N/A 19 19 FREE FREE FREE N/A FREE FREE 11 12 12 N/A 14 14 Intersection DW2: Yorktown Blvd & BichonDr/DW2 LOS FREE FREE FREE FREE FREE FREE C C C C C C C C FREE FREE FREE FREE FREE FREE C C C C C C C C (s/veh) FREE FREE FREE FREE FREE FREE 17 18 17 18 17 19 17 19 FREE FREE FREE FREE FREE FREE 19 20 19 20 20 21 20 21 Intersection DW3: Yorktown Blvd & Bay Dr/DW3 LOS FREE FREE FREE FREE FREE FREE C C C C C C FREE FREE FREE FREE FREE FREE C C C B B B (s/veh) FREE FREE FREE FREE FREE FREE 17 18 18 17 18 17 FREE FREE FREE FREE FREE FREE 20 20 20 11 11 11 Intersection DW4: Rodd Field Rd & DW4 LOS A A B N/A N/A N/A FREE FREE FREE FREE FREE FREE B B B N/A N/A N/A FREE FREE FREE FREE FREE FREE (s/veh) 10 10 11 N/A N/A N/A FREE FREE FREE FREE FREE FREE 11 11 12 N/A N/A N/A FREE FREE FREE FREE FREE FREE Intersection DW5: Rodd Field Rd & DW5 LOS C C B N/A N/A N/A FREE FREE FREE FREE FREE FREE C C B N/A N/A N/A FREE FREE FREE FREE FREE FREE (s/veh) 20 20 11 N/A N/A N/A FREE FREE FREE FREE FREE FREE 23 23 11 N/A N/A N/A FREE FREE FREE FREE FREE FREE Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 52 ■ALnONAon.. UNFIT} INTELLIGENT TIPAMSPORTATCN SYSTLUS. LLP TABLE 12 LOS FOR UN -SIGNALIZED INTERSECTIONS SCENARIO 1, 2 AND 3 (SC) OPENING DAY PHASE 2 (2025) Intersect ion# Approach Delay AM PM EAST BOUND WEST BOUND SOUTH BOUND NORTH BOUND EAST BOUND WEST BOUND SOUTH BOUND NORTH BOUND SCENARIO SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 Intersection 3: Rodd Field Rd & Presidents Dr LOS B B B N/A N/A N/A FREE FREE FREE FREE FREE FREE B B B N/A N/A N/A FREE FREE FREE FREE FREE FREE s/veh) 12 12 12 N/A N/A N/A FREE FREE FREE FREE FREE FREE 12 13 12 N/A N/A N/A FREE FREE FREE FREE FREE FREE Intersection 5: Airline Rd & Lipes Blvd LOS C C C C N/A N/A N/A FREE FREE FREE FREE FREE FREE D C C N/A N/A N/A FREE FREE FREE FREE FREE FREE (s/veh) 22 22 17 22 N/A N/A N/A FREE FREE FREE FREE FREE FREE 26 21 17 21 N/A N/A N/A FREE FREE FREE FREE FREE FREE Intersection 6: Lipes Blvd &Bronx Dr LOS FREE FREE FREE N/A FREE FREE B B B N/A C C FREE FREE FREE N/A FREE FREE B B B N/A B B (s/veh) FREE FREE FREE N/A FREE FREE 12 13 13 N/A 21 21 FREE FREE FREE N/A FREE FREE 11 13 13 N/A 14 14 Intersection DW2: Yorktown Blvd & BichonDr/DW2 LOS FREE FREE FREE FREE FREE FREE B B B B B B B B FREE FREE FREE FREE FREE FREE B B B B B B B B (s/veh) FREE FREE FREE FREE FREE FREE 11 11 11 11 11 11 11 11 FREE FREE FREE FREE FREE FREE 11 11 11 11 12 12 12 12 Intersection DW3: Yorktown Blvd & Bay Dr/DW3 LOS FREE FREE FREE FREE FREE FREE B B B B B B FREE FREE FREE FREE FREE FREE B B B B B B s/veh) FREE FREE FREE FREE FREE FREE 11 11 11 11 11 11 FREE FREE FREE FREE FREE FREE 11 11 11 12 12 12 Intersection DW4: Rodd Field Rd & DW4 LOS B B B N/A N/A N/A N/A N/A FREE N/A N/A FREE B B C N/A N/A N/A N/A N/A FREE N/A N/A FREE s/veh) 11 11 12 N/A N/A N/A N/A N/A FREE N/A N/A FREE 12 12 16 N/A N/A N/A N/A N/A FREE N/A N/A FREE * Intersection DW5: Rodd Field Rd & DW5 LOS N/A N/A B N/A N/A N/A FREE FREE FREE FREE FREE FREE N/A N/A B N/A N/A N/A FREE FREE FREE FREE FREE FREE s/veh) N/A N/A 13 N/A N/A N/A FREE FREE FREE FREE FREE FREE N/A N/A 14 N/A N/A N/A FREE FREE FREE FREE FREE FREE * Signal warranted, see Table 7. Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 53 ■ALnONAon.. UNFIT} INTELLIGENT TIPAMSPORTATCN SYSTLUS. LLP TABLE 13 LOS FOR UN -SIGNALIZED INTERSECTIONS SCENARIO 1, 2 AND 3 (SC) OPENING DAY PHASE 3 (2030) Intersection # Approach Delay AM PM EAST BOUND WEST BOUND SOUTH BOUND NORTH BOUND EAST BOUND WEST BOUND SOUTH BOUND NORTH BOUND SCENARIO SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 SC1 SC2 SC3 Intersection 3:LOS Rodd Field Rd & Presidents Dr C C C N/A N/A N/A FREE FREE FREE FREE FREE FREE C C C N/A N/A N/A FREE FREE FREE FREE FREE FREE (s/veh) 16 16 16 N/A N/A N/A FREE FREE FREE FREE FREE FREE 15 15 15 N/A N/A N/A FREE FREE FREE FREE FREE FREE Intersection 6: Idpes Blvd & Bronx Dr LOS FREE FREE FREE N/A FREE FREE B B B N/A C C FREE FREE FREE N/A FREE FREE B B B N/A C C (s/veh) FREE FREE FREE N/A FREE FREE 13 14 14 N/A 23 23 FREE FREE FREE N/A FREE FREE 12 13 13 N/A 15 15 Intersection DW2: Yorktown Blvd & BichonDr/UW2 LOS FREE FREE FREE FREE FREE FREE B B B B B B B B FREE FREE FREE FREE FREE FREE B B B B B B B B (s/veh) FREE FREE FREE FREE FREE FREE 12 12 12 12 12 12 12 12 FREE FREE FREE FREE FREE FREE 13 13 13 13 13 13 13 13 Intersection DW3:LOS Yorktown Blvd & Bay Dr/DW3 FREE FREE FREE FREE FREE FREE B B B B B B FREE FREE FREE FREE FREE FREE B B B B B B (s/veh) FREE FREE FREE FREE FREE FREE 12 12 12 11 12 11 FREE FREE FREE FREE FREE FREE 13 13 13 13 13 13 Intersection DW4: Rodd Field Rd & DW4 LOS B B C N/A N/A N/A N/A N/A FREE N/A N/A FREE C C D N/A N/A N/A N/A N/A FREE N/A N/A FREE (s/veh) 13 13 16 N/A N/A N/A N/A N/A FREE N/A N/A FREE 16 16 35 N/A N/A N/A N/A N/A FREE N/A N/A FREE * Intersection DW5: Rodd Field Rd & DW5 LOS N/A N/A C N/A N/A N/A FREE FREE FREE FREE FREE FREE N/A N/A C N/A N/A N/A FREE FREE FREE FREE FREE FREE (s/veh) N/A N/A 17 N/A N/A N/A FREE FREE FREE FREE FREE FREE N/A N/A 22 N/A N/A N/A FREE FREE FREE FREE FREE FREE * Signal warranted, see Table 8. Traffic Impact Analysis (TIA) —June 2017 DEL MAR COLLEGE SOUTHSIDE CAMPUS 54 DEL MAR COLLEGE Dreams. Delivered. Date: June 7, 2017 To Whom It May Concern, Information Technology Services This memo is intended to express Del Mar College's intent to incorporate into its campus planning and improvements a pedestrian and bicycle bridge to connect neighborhoods to north of ditch 31 to Bill Witt Park in the future. In consideration for the elimination of the requirement for Bronx Road within the College's Southside campus property from the Urban Transportation Plan the college agrees to negotiate in good faith its financial participation in constructing a two way cycle tract and pedestrian facilities from ditch 31 to Bill Witt Park across the campus that can be provisioned to benefit both the college and the community at large. Respectfully, Augu St Alfonso CIO Del Mar College 361-698-1300 101 Baldwin Blvd., Corpus Christi, TX 78404-3897 I phone 361.698.1300 fax 361.698.1163 I www.delmar.edu CCISD DevelopontfleartImMialk May 17, 2017 Office of the Superintendent Roland Hernandez, Ph.D. Superintendent of Schools CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 • 801 Leopard Street • Corpus Christi, Texas 78403-0110 Office: 361/695-7405 Fax: 361/886-9109 Website: www.ccisd.us City of Corpus Christi Planning Commission 1201 Leopard Street Corpus Christi, Texas 78401 Re: May 17, 2017 Planning Commission Meeting Public Hearing Agenda Item C-11 #17-0507 Amendment to the Urban Transportation Plan Deleting Bronx Drive Via Hand Delivery To the Honorable City of Corpus Christi Planning Commission (CCPC) Members; The Corpus Christi Independent School District (CCISD) submits this letter in support of the CCPC's denial of the Urban Transportation Plan (UTP) Amendment in deleting Bronx Drive between Master Channel Ditch and Yorktown Boulevard, which, as of the writing of this letter, is scheduled on your public meeting agenda for May 17, 2017. The City of Corpus Christi has adopted by ordinance' a comprehensive plan for the growth, development and aesthetics for the land within its corporate limits, which includes the neighborhood communities. As the CCPC is aware, the comprehensive plan includes elements such as future land use, transportation, economic development and public services and facilities. The CCPC powers and duties, among others, is to make recommendation to the Corpus Christi City Council on all proposals to adopt or amend land development regulations in assuring consistency with the Comprehensive Plan. In our review of the Public Hearing Agenda Item C-11, #17-0507, CCISD is greatly concerned of the impact upon the surrounding communities should Bronx Drive be deleted from the UTP. Bronx Drive is a key ingress and egress for the future residential communities, as it is an essential collector for connectivity and accessibility for current and future growing and expanding communities. CCISD is also concerned with regards to the safeties of its students who walk to and from the Veterans Memorial High School (VMHS) due to high levels of traffic congestion once adjacent communities expand and are fully built out2. In addition, and just as important, the removal of Bronx Drive will cause the loss of a future emergency route to VMHS and its surrounding neighborhoods3. 1 City of Corpus Christi Code of Ordinances, Part II — Council Policies, Section 4. 2 This would allow only one ingress and egress to Lipes Blvd which is directly adjacent to VMHS. 3 See City of Corpus Christi Engineering May 17, 2017 Planning Commission Presentation, pg. 14. Every student a learner...Every learner a graduate...Every graduate a success! The Corpus Christi City Council and CCPC has established ordinances, a comprehensive plan and implements public policies for all developers of land to adhere to. Any waiver and/or amendment to the UTP will surely undermine the City of Corpus Christi and its ability to ensure future compliance. For the aforementioned reasons above, CCISD respectively requests that the Amendment to the UTP and the removal of Bronx Drive be denied. Respectively Submitted Roland Hernandez, Ph.D. Superintendent of Schools Every student a learner...Every learner a graduate...Every graduate a success! AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for the City Council Meeting of July 18, 2017 DATE: TO: June 29, 2017 Margie C. Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Vendor Ordinance Amendments Changing and Adding Specific Regulations for Mobile Food Vendors. CAPTION: Ordinance amending the Corpus Christi Code of Ordinances Chapter 38 Article I, to add specific regulations for mobile food vendors, update definitions, applicability, modify permit application requirements, increase insurance requirements, provide for location licenses and fees, eliminate bond requirements, modify permit fees, add permit suspension criteria, add causes for permit denial or revocation, modify appeal procedures, update regulations for vendors, sidewalk vending, special event vending, street vending, park and beach vending and private premise vending, authorizing a Pilot Program for vending; amending Corpus Christi Code of Ordinances Chapter 10 Section 10-68 to include mobile food vendors and eliminate non -stationary vending; providing for severance; providing for publication; and providing for effective date. PURPOSE: To simplify the vendor permitting process and expand vending locations. BACKGROUND AND FINDINGS: The Corpus Christi — Nueces County Public Health District in consultation with various Community Focus Groups and in collaboration with the following City Departments of Development Services, Traffic Engineering, Parks & Recreation, Marina, Legal, Fire, and Police conducted a study to revise and improve Ordinance 38 (Peddlers, Vendors, Mobile Food Vendors, Itinerant Merchants and Solicitors) to simplify the vendor permitting process and expand vending locations to include streets and sidewalks; and Ordinance 10 (Beachfront Management and Construction- Revised Section 10-68: Gulf of Mexico Beach Vending) to include terminology to permit fixed vending sites and mobile food vendors. ALTERNATIVES: Disapproval of the proposed Amendments of the Ordinances. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Amendments to the Vendor Ordinances will ensure compliance with and improve the quality and effectiveness of the codes. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Development Services Department Fire Department Legal Department Marina Department Parks & Recreation Department Police Department Traffic Engineering Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Grant Comments: None RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Corpus Christi Code of Ordinances Chapter 38 Article I, to add specific regulations for mobile food vendors, update definitions, applicability, modify permit application requirements, increase insurance requirements, provide for location licenses and fees, eliminate bond requirements, modify permit fees, add permit suspension criteria, add causes for permit denial or revocation, modify appeal procedures, update regulations for vendors, sidewalk vending, special event vending, street vending, park and beach vending and private premise vending, authorizing a Pilot Program for vending; amending Corpus Christi Code of Ordinances Chapter 10 Section 10-68 to include mobile food vendors and eliminate non -stationary vending; providing for severance; providing for publication; and providing for effective date. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS that: SECTION 1: The Corpus Christi Code, Chapter 38, Article I , entitled "IN GENERAL," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Chapter 38 - PEDDLERS, VENDORS, MOBILE FOOD VENDORS, ITINERANT MERCHANTS AND SOLICITORSW ARTICLE I. - IN GENERAL) Sec. 38-1. - Purpose and findings. (a) The city council of the City of Corpus Christi, Texas, makes the following findings: (1) Vendors, mobile food vendors, peddlers, commercial solicitors and itinerant merchants engage in legitimate and honorable commercial activities which enhance the convenience of the consuming public and promote an active and healthy economic environment. (2) The nature and characteristics of such commercial activities require the reasonable regulation of the time, manner and place of such activities. The streets, sidewalks and other public ways and recreational areas are primarily to promote the smooth flow of vehicular and pedestrian traffic and public leisure activities. (3) (4) The reasonable regulations enacted hereby do not prohibit or inhibit free expression of religious, political or other ideas and beliefs, but regulate commercial activities and conduct for the below expressed public purposes. The regulations herein applicable to interstate commerce transactions are not overburdensomeover burdensome but are merely measures which are necessary to protect the public health, safety and welfare, and it is the definite (5) Page 1 intent of this council to promote, preserve and protect free enterprise and interstate commerce. (b) The purpose of this article shall be to accomplish the following objectives through the reasonable regulation of vendors, mobile food vendors, peddlers, itinerant merchants and commercial solicitors in and upon public streets, sidewalks, parks, beaches and other recreational areas and of outdoor and transient commercial activities: (1) Protect the public health, safety and welfare and promote the use and enjoyment of public parks, beaches and other public recreation areas in an attractive environment. (2) Promote smooth and safe flow of vehicular and pedestrian traffic and avoid urban congestion. (3) Enhance and protect the quality and attractiveness of the environment. (4) Protect the use and enjoyment of the people in their homes and private businesses. Protect the public from fraudulent, illegal, unsafe or unhealthful commercial activities, products and services. (6) Preserve the character and quality of residential, recreational, commercial and business areas and property. Promote and enhance the quality of commercial activities within the city. (5) (7) Sec. 38-2. - Definitions and construction. (a) As used in this article, the following definitions shall apply: (1) Bay -front seawall shall mean the protective retaining wall running along the shore of Corpus Christi Bay and along Shoreline Boulevard from Buford Street to the entrance ramp to the barge dock, including the sidewalk thereon. (2) Business shall mean any marketing activity conducted for the sale or rental of goods or services for private profit on any premises in this city. City shall mean the City of Corpus Christi, Texas, or where the context indicates, the city manager or his designated representative or other authorized representative of the city. (4) Commercial Printed Matter means any printed or written matter whether on a sample, device, circular, leaflet, pamphlet, paper or booklet or whether printed, reproduced or copied of any matter or literature which advertises for sale any merchandise, product, commodity, or services; or (A) Directs attention to any business, or commercial establishment, or other activity for the purpose of either directly or indirectly promoting sales; (B) Directs attention to or advertises a meeting, performance, exhibition, or event for which an admission fee is charged or a collection is taken to defray expenses; or (3) Page 2 (C) While containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising or for the private benefit and gain of any person so engaged as the advertiser or distributor. (5) Commercial solicitor shall mean any person without a permanent business establishment within the city who takes or offers to take orders for the future delivery of any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof. (66)Home Solicitation means the business of soliciting, selling, offering for sale, renting or offering for rent or taking orders for goods or services or distributing commercial printed matter by means of going on private premises from house to house, including apartment homes and other multi -family housing, without the prior expressed request or consent of the owner or occupant thereof. Itinerant merchant shall mean any person without a permanent business establishment within the city who engages in a temporary business of selling, offering for sale, renting or offering for rent any goods or services from a permanent, established structure. Temporary association with an established resident business or person shall not excuse any itinerant merchant from the terms of this article. (7) (86)Local youth organization means an organization that meets all of these requirements: (i) is a charitable or nonprofit entity, or a public or private primary or secondary school, or a program unit authorized by any such school (such as a band, athletic team, student club, etc.); and, (ii) which raises funds for the organization by predominantly using children; (iii) has not been accused by any law enforcement agency of fraud, child labor law violations, or other crime against residents in the course of soliciting. All local youth organizations must have a physical address in City of Corpus Christi. (9)Mobile food unit means a food establishment contained within a motor vehicle or a trailer capable of being mounted on a motor vehicle, stand, cart, craft, or other equipment or device for the purpose of parking or stopping briefly for selling food and beverages directly from the vehicle, trailer, stand, cart, craft, or other equipment or device to customers who approach the unit. Mobile food unit does not include a converted storage/shipping container or other similar structure. (10)Mobile food vendor means a vendor who specifically engages in the business of selling or offering for sale food and beverages directly from a mobile food unit in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises. (11)Panhandle means the employment of the spoken, written or printed word or other acts as are conducted in the furtherance of the purpose of immediately collecting money or any other item of value for the use of one's self or others. (126)_ Peddler shall mean any person without a permanent business establishment within the city who sells, offers for sale, rents or offers for rent any Page 3 goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof, and who makes delivery at or near the time of any such transaction. (139)_ Permanent business establishment means a building or part of a building or space within a building owned or occupied for use in the operation of an on-going commercial or industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a certificate of occupancy has been issued by the city. (14Q)_ Person shall mean any individual, firm, company, corporation, organization, partnership, association or other legal entity. (154) Tourism/leisure activities means endeavors which encourage and or accommodate recreational use and enjoyment of the bayfront seawall area by tourists and members of the community. (16) Vending unit shall mean any vehicle, stand, cart, craft, or other equipment or device, except a mobile food unit, -used by a vendor for the storage or display of goods for sale or rent or in the actual rendering of services. Vending unit does not include a converted storage/shipping container or other similar structure. (172)_ Vendor shall mean any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises; and outside a permanent, established structure. (b) The following rules of construction shall apply to this article: (1) The term "shall" is mandatory. The term "may" is discretionary. (2) The singular shall include the plural and the plural shall include the singular where indicated by the context. (3) The masculine gender shall include the feminine and the feminine gender shall include the masculine. Sec. 38-3. - Applicability; affirmative defenses. This article shall not apply to the following persons, businesses or conduct or under the following conditions; provided, however, that it shall not be necessary in the prosecution of any violation of this article to negative any of such exceptions or exemptions herein expressed; but the pleading and proof of the same shall be an affirmative defense in any such prosecution: (1) Persons or operations holding a certificate of registration from the city secretary as charitable solicitors under the provisions of article 11, Unlawful Solicitation, of this chapter. (2) Auctions or auctioneers licensed under the provisions of chapter 8 of this Code. Page 4 (3) Persons or operations permitted at or upon the premises or property of the Corpus Christi International Airport under the authority and provisions of chapter 9 of this Code. (4) Persons or operations permitted at or upon the premises or property of the Corpus Christi Marina under the authority and provisions of chapter 12 of this Code. (54)Newspaper vending machines upon any sidewalk or sidewalk area along any arterial or collector street; provided, however, that such newspaper vending machine operations shall comply with the following: a. No such vending machine shall be located in such a way as to create a safety hazard or impediment to pedestrian or vehicular traffic. b. No such vending machine shall be located within twenty (20) feet of any intersection. c. Such vending machines shall be confined to an area extending no more than two (2) feet into any sidewalk walkway. d. Such vending machine vendors shall notify in advance the record owner of adjoining property of the placement of any such vending machine. e. Such vendors shall at all times keep the area of every such vending machine free of litter and trash. f. Such vending machines shall be maintained in first-class working condition and shall be kept currently stocked with publications. Such vending machines shall be free from all advertising except that which identifies the publication. h. Such vendors shall, prior to installation, submit to the city building division proof of adequacy of wind design capacity of the anchoring system for each such vending machine to show that such system is consistent with the hurricane precautions required by the Corpus Christi Building Code. i. By placement of any such vending machine, the vendor agrees to hold harmless the City of Corpus Christi, Texas, from any and all claims or causes of action for damages whatsoever which might arise either solely or in part from placement of such vending machine, and an indemnity agreement shall be executed between such vendor as indemnitor and the city as indemnitee to effectuate such agreement. Every such vendor shall maintain on file in the city secretary's office a certificate of insurance evidencing public liability insurance in the amount of one million dollars ($1,000,000.00) naming the City of Corpus Christi, as an additional insured and providing that no cancellation of such policy of indemnity insurance shall be effective without prior written notice to the city. Every such vendor shall maintain an agent in Corpus Christi, Texas, who may be reached at a listed telephone number during normal business hours to receive and handle complaints and respond to inquiries. The name, address g. J. Page 5 and local telephone number of such agent shall be filed with the office of the city secretary. (65)Ordinary commercial travelers or salesmen, transacting business only at wholesale or with dealers in such goods or in goods or services for use in other manufacturing or commercial purposes. (76)Sales conducted pursuant to statute or by order of any court. (8)Persons or transactions associated with bona fide trade shows, exhibits, expositions or conventions where all transactions of purchase, sale or exchange are made in connection with such trade show, exhibit, exposition or convention and within the confines of the said trade show, exhibit, exposition or convention sites. (98)Individual, one time only sales of personal property items sold by the owner thereof at his private residence or business. (109) Garage sales, which for purposes of this article shall mean and include all general sales, open to the public, conducted from or on a residential premises for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," or "rummage" sale, of which no more than three (3) are held at or by any one residence and/or family household during any calendar year, each of such sales being limited in time to no more than three (3) consecutive days or two (2) consecutive weekends (Saturday and Sunday). Sales of the type, but in excess of the number or duration provided for herein, are business operations outside the intent of this exemption. (114-9) Temporary promotional events held in connection with a permanent established business as authorized in the Corpus Christi Zoning Code. or spccial permits issucd by the city council or hcld upon public prcmiscs or in or upon public parks or bclachos undcr the a .,4+ocs--e .,er hip „r within +ho (12)Sidewalk sales held by adjoining or abutting businesses and otherwise in compliance with the provisions of the Code of Ordinances of the City of Corpus Christi, Texas. (13)Authorized contractual concessions permitted upon city proprietary premises by agreement, lease or contract with the city duly authorized by the city council. (14)Delivery services of permanent established businesses in the city; including industrial catering services providing regular food delivery for employees of industry, business and construction sites, and which operate on-site and by agreement with or invitation of such industries or businesses. Page 6 (15)Lemonade stands and the like conducted and operated entirely by children under the age of sixteen (16) and upon the private residential premises of such children. (16)Local youth organizations are exempt from the permitting requirements of this chapter. Sec. 38-44-5. - Commercial solicitors engaged in interstate commerce; certificate of registration in lieu of permit. (a) No commercial solicitor engaged in the business of taking orders for future delivery of goods or services through the channels of interstate commerce shall be required to post a bond or be issued a permit under the terms of this article, provided, however, that no such solicitor shall engage in such activities without first filing with the city an application containing the information required by subsections (1) through (6) and (94-Q) of section 38-76 of this article and obtaining a certificate of registration as herein provided. (b) Upon the filing of the required application, each such solicitor shall be issued a certificate of registration upon payment of a fee of twenty-five dollars ($25.00) therefor, and each individual engaged in such solicitation in the city shall have an identification card approved as provided for in subsection 38-9(d) of this article. No person shall engage in such solicitations without the required identity card. (c) Certificates of registration and identification cards issued under this section shall be valid for a period of ninety (90) days and shall be displayed to any person so requesting. Sec. 38-54. — Permit required. No person shall engage in the business of selling, offering for sale, renting or offering for rent any goods or services as a vendor, mobile food vendor, peddler, commercial solicitor or itinerant merchant within the City of Corpus Christi without first obtaining a permit therefor in accordance with the terms and provisions of this article. When engaged in the business of selling, offering for sale, renting or offering for rent any goods or services, such permit shall be attached or hung on the vendor, mobile food vendor, peddler, commercial solicitor or itinerant merchant so that it is visible to the public and law enforcement officials. Sec. 38-56 — Permit application; filing. No_ permit required by this article shall be issued except upon a sworn application duly filed with the city manager or _ _ _ - •• - A. Mei — —designee -e administcr the provisions of this articic. Sec. 38-76. — Permit application, information required, and criminal background check. (a) Every application for a permit required by this chapter shall contain the following: (1) Applicant identifying information as follows: Page 7 (A) If the applicant is a firm, company, corporation, organization, partnership, association or other legal entity company: (i) The applicant's name, address, e-mail address, and telephone number; (ii) If applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity; (iii) The name, address, telephone number, and title of each of its officers; and (iv)The date and place of incorporation or establishment of the business. certificate and/or corporate or other legal organization charter of record, together with proof of thc individual's authority to act in bchalf of such cntity. (2) (B) If the applicant is an individual: (i) The applicant's name, date of birth, address, e-mail address, and telephone number; (ii) If applicable, the business address and phone number of the applicant; (iii) If applicable, a certified copy of any assumed name certificate; and (iv) The name, address, date of birth, e-mail address, and telephone number of any individual or company for which the applicant is acting as an agent. The busincss address and phonc numbcr of thc applicant. (23)The full name, date of birth, phone number, current residence and place of residence for the five (5) years previous to the date of said application of any individuals who will engage in the business operations in the city. Any individual who has lived outside of the state of Texas anytime within the five (5) years previous to the date of said application must submit to a fingerprint -based criminal background check. The applicant will be responsible for any fees imposed by state, federal or third party agencies for the report. (34)A description of the type of goods or services to be offered for sale or rental. (4&)A description of the dates, times and proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors and mobile food vendors, which shall show compliance with all site regulations of this article. (56)The license number of any motor vehicle to be used in the operation of the business in the city. (6) For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business Page 8 purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (7) a. An idcntification card no largcr than thrcc (3) inchcs by thrcc (3) inchcs, rcquircd hcrcby) for cach individual rcprcscntativc of thc applicant who will be cngagcd in thc busincs, for which application for a permit is madc. The idcntification card rcquircd hcrcby shall contain thc namc of thc individual rcprcscntativc, thc permancnt rcsidcncc addres€ of thc individual rcprcscntativc, agcnt, indcpcndcnt contractor, franchiscc or othcrwisc for othcr busincss for compliancc with this articic by cvcry such individual rcprcscntativc. (78)A description and photograph or drawing with construction plans and specifications of any vending unit or mobile food unit to be used in the business for which the permit application is filed. (89 -)Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousandmillion dollars ($1 000,000.00) per person_ and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement for thc insurancc policy hcrcin rcquircd in thc casc of paradc vcndor permits valid 17(b) of this article. (9) Mobile food units and vending units required to obtain auto liability insurance in accordance with state law shall provide proof of an auto liability insurance policy, issued by an insurance company authorized to do business in the state of Texas with protection in the minimum amounts required by state law. Additionally, if operating on City property or a City sponsored event such insurance shall name the City as an additional insured, and shall provide that no termination or cancellation will be effective without prior written notice to the City. Page 9 (10)Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested, to include Section 54.0145 of the Texas Labor Code, as amended; and (11)Each applicant shall provide proof of identification for each individual representative of the applicant who will be engaged in the business for which application for a permit is made, through submission of a valid driver's license or other valid, official government photo identification. (12) Any other information the City Manager, or designee, determines necessary to the enforcement and administration of this article. (b) (1) The applicant must provide all information and any state or federal forms that are required to obtain a criminal history report for the applicant and each individual representative of the applicant who will be engaged in the business for which the application for a permit is made. In addition to the permit fee, the applicant will be responsible to cover any fees imposed by state or federal agencies for the report. (2) An applicant and any individuals who will engage in the business operations in the city may be denied, revoked, suspended, or denied for renewal if the applicant or any individuals who will engage in the business operations in the city has boon convictcd of any fclony, or of any offcnsc involving moral turpitudcdoes not meet the background check guidelines adopted, and as may be amended, by the City Council. (c) A permittee shall notify the City Manager, or designee, within five (5) days after any material change in information on the application during the permit term. A material change includes, but is not limited to: (1) When the permittee becomes an agent for another individual or company; (2) When a permittee terminates an individual's authority to serve as the perm ittee's agent; (3) A change in the nature, character, and quality of the goods or services; (4) A change in the dates, times, and locations proposed for conducting the business in the City; (5) The addition of individual representatives of the applicant who will be engaged in the business for which the application for a business permit was made, who were not included in the original application; (6) Renewal of any required insurance policy during the permit period; or (7) Renewal of any required health permits. Sec. 38-8. — Permit application, additional requirements (a) Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall Page 10 have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. Certain types of mobile food units may also require an inspection by the City's Fire Department prior to issuance of a health permit. (b) Inspection by the Fire Department. Certain types of mobile food units may also require an inspection by the fire department to ensure compliance with the Corpus Christi Fire Prevention Mobile Food Vendor Requirements. A copy of the Corpus Christi Fire Prevention Mobile Food Vendor Requirements will be available upon request and accessible on the City's Fire Department website. (c) Location License (1) Itinerant merchants, vendors and mobile food vendors who wish to conduct business on City right-of-ways, parks, beaches, bayfront seawall, or other City property must seek a location license after the permit has been issued and prior to conducting business on City property. (2) Location license fees. The Traffic Engineer shall prepare a list of fees for use of authorized public right -of ways for vending or mobile food vending. The schedule of fees and charges shall be submitted to the City Manager for approval, and be reviewed on an annual basis. Such fees shall not increase annually by more than twenty-five (25) percent, nor shall new fees be created, without City Council's approval by motion or resolution. The approved scheduled shall be filed with the City Secretary and copies shall be provided to the City Council. Specific fees, however, shall be adjusted at any time, and the City Traffic Engineer shall have the authority to negotiate special fees for special situations. The fees for use of City parks, beaches and the bayfront seawall sidewalk, for vending or mobile food vending shall be in accordance with the approved fee schedule authorized pursuant to Chapter 36 of this Code. Sec. 38 8. Bond required for peddlers, commercial solicitors and itincrant merchants in emergencies. solicitor or itincrant mcrchant to cngagc in thc selling, rcnting or offcring for sale or rcnt a -goads or services used or useful in conncction with such cmcrgcncy or disaster relief shall be immediately suspended. The permitting officcr is hcrcby authorized to determine whether cach particular permit is€ued by him is within thc clan€ of permits by thc permittee with thc bonding requirements herein. Applicants for new or renewal Page n permits during thc period of thc cmcrgcncy or disastcr shall bc subjcct to thc said bonding rcquircmcnts thc samc as suspcndcd permittccs. (b) Prior to thc issuancc or rcncwal or rcinstatcmcnt of any permit undcr this articic subscction (a), thc applicant thcrcfor shall providc a bond in thc sum of not Icss than of such pcddlcr, commcrcial solicitor or itincrant mcrchant to fully comply with thc good and sufficicnt surcty upon which scrvicc of proccss may be madc in thc Statc of of thc ordinanccs of thc city and thc statutcs of thc Statc of Tcxas and conditioncd furthcr that thc principal will pay all damagcs growing out of thc violation of any such ordinancc or statutc or thc wrongful, fraudulcnt or illcgal conduct of said principal or transaction. Such bond shall be furthcr conditioncd that no paymcnt undcr such bond shall rcducc thc liability of thc principal and surcty undcr thc bond for damagcs rclatcd to any scparatc violation or transaction. The bond shall rcmain in full forcc and cffcct for thc duration of thc permit authorizcd undcr this articic and for two (2) ycars thcrcaftcr. Action on thc bond may bc brought in thc namc of thc city to thc use and bcncfit of thc aggricvcd person. Sec. 38-9. — Permits—Duration and fees. (a) Except as otherwise provided in this article, permits granted under this article shall be issued for a in thirty day incrcmcnts with a maximum one year period of validity -of ninety (90) days. (b) The fee for a permit under this article shall be seventytwcnty five dollars ($275.00) per yea,r+hirty_day incremen+ hundred scvcnty fivc dollars ($275.00). (4c) Each vending unit, mobile food unit and each distinct location of an itinerant merchant business, vendor and mobile food vendor shall be separately permitted. (de)As a condition of each permit issued under this article, each individual engaged in the permitted business which involves home solicitation, shall be provided by the City with a separate identification card which shall be valid for the duration of the permit in connection with which it is required. The permittee shall pay for the cost of each identification card required, which shall be ten dollars ($10.00). Each such Page 12 idcntification card shall be providcd by thc applicant as rcquircd undcr subscction 38 6(7) and shall, upon is€uancc of thc permit, havc placcd upon it the stamp of approval of the permitting officer. Replacement identification cards will be ten dollars ($10.00) each. Sec. 38-10. — PermitSamc Renewal. Permits issued under this article may be renewed by filing a written request therefor which shall correct and update any information required in the original application as necessary to accurately reflect current facts and information. Such renewal requests shall be accompanied by the required fees and shall be processed as in the case of original permit applications. Sec. 38-11. — Permit Sac Not transferable. No permit issued under this article shall be transferable or assignable. Sec. 38-12. — Permit Samc Issuance. (a) Within five (5) working days of the receipt of a completed application for a permit under this article, the City Manager or designee permit officer shall issue the requested permit or shall notify the applicant, in writing, of the denial of such permit and the reason for the denial. (b) Every permit issued under this article shall state the number of the permit, the dates of issue and expiration, the type of business authorized,. and thc goods or scrviccs to be offered, thc amount of thc permit fcc paid, the location where said business may be carried on under the permit, the name of the business and the names of the individuals authorized to conduct the actual business operations. Sec. 38-13. — Permit—Suspension (a) Upon the declaration of a state of emergency or of a disaster in the city, as authorized in this Code, every permit issued under this article fora peddler, vendor, mobile food vendor, commercial solicitor or itinerant merchant to engage in the selling, renting or offering for sale or rent any goods or services used or useful in connection with such emergency or disaster relief shall be immediately suspended. The City Manager or designee is hereby authorized to determine whether each particular permit issued by him is within the class of permits suspended and is further authorized to reinstate suspended permits during a state of emergency or of a disaster in the city or immediately thereafter. The appeal provisions below do not apply to suspension of permits pursuant to this subsection. (b) The City Manager or designee may suspend a permit for a definite period of time, if the City Manager or designee determines that: (1) A violation of this code or any other law concerning the sale or distribution of goods or services, by the permittee or permittee's agent has occurred, including any action inconsistent with the conditions under which the permit was issued; or Page 13 (2) The permittee or a representative authorized to supervise the permittee's agents has failed to establish policy and take action to discourage, prevent, or correct violations of this code or any other law concerning the sale or distribution of goods or services by agents. (c) Vending at an unapproved location will result in a six (6) month suspension of the permit. (d) The City Manager or designee shall send to the permittee a written statement setting forth the reasons for the suspension and notifying the permittee of the right to appeal. A timely request for appeal by the permittee stays the effect of the suspension unless the City Manager or designee determines that an emergency exists. (e) For purposes of this section, an emergency exists if the City Manager or designee determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the City Manager or designee may order the permittee or permittee's representative to correct the violation immediately or cease vending or home solicitations to the extent the City Manager or his designee determines is necessary to abate the threat until the violation is corrected. (f) If the City Manager or designee suspends a permit, no portion of the fee already paid for the permit will be refunded. Sec. 38-134. Permit Samc Denial or revocation. (a) Any permit may be denied or revoked for any of the following causes: (1) Fraud or misrepresentation contained in the application for the permit. (2) Fraud or misrepresentation made in the course of carrying on the permitted business. (3) Conduct of any business required to be permitted under this article in violation of any of the terms of this article or of any ordinance of the City of Corpus Christi, Texas. (4) Activities or conduct in violation of any state statutes or federal law governing the transaction or product of the business required to be permitted by this article. Two (2) or more permits held by the applicant having been revoked in the preceding calendar year prior to the application for a permit because of fraud or misrepresentation in a previous application or from fraud or misrepresentation made in the course of carrying on the permitted business. (6) Two (2) suspensions of a permit held by the permittee in the current permit year will result in revocation of the permit for the remainder of the permit year. (7) The permittee or an agent of the permittee has intentionally or knowingly impeded a lawful inspection by the City Manager or designee, or any representative of a City Department who has the authority to inspect the permittee and the permittee's business procedure; (5) Page 14 (b) Notice of any such denial or revocation of a permit shall be given in writing, setting forth specifically the grounds of such denial or revocation. The notice must notify the permittee of the right to appeal. Such notice shall be sufficient if personally delivered or mailed, postage prepaid, to the permittee at the business address given on his application for said permit and shall be effective immediately upon personal delivery or on the second business day following the date of mailing of such notice. (c) If the City Manager or designee revokes a permit, the fee already paid for the permit will be forfeited. A permittee who's permit has been revoked under this section may not apply for or be issued a new permit for a period of one (1) year after the date the revocation took effect, Sec. 38-145. - Appeal. Any person aggrieved by the decision of the permit officcrCity Manager's designee in regard to the denial of an application for a permit under this article or in connection with the suspension or revocation of a permit under this article shall have the right to appeal to the City Manager. The City Manager may select a designee who is not from the same department as the designee who denied, suspended or revoked the permit to hear the appeal. city council. Such appeal shall be taken by filing with the Csity Mn anager within tenscvcn (1N) days after the effective date of the notice of the denial, suspension -or revocation, a written statement setting forth the grounds for the appeal. A hearing before the City counciManager or designee1 shall be scheduled within thirtywcnty one (302-1-) days following the filing of the appeal. After the hearing, the City Manager or designee, shall either uphold, modify, or revoke the denial, suspension or revocation. If no appeal is taken within the time provided above, the decision of the denial, suspension or revocation shall be final. When a permit suspension or revocation is upheld, the permittee shall remove and cease to display the originally issued permit. The decision of the city council shall be final. Sec. 38-1622. — Peddlers, Commercial Solicitors and Itinerant Merchants; General Regulations. All peddlers, commercial solicitors and itinerant merchants, permitted under the provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) No peddler or commercial solicitor shall conduct any such business before 9:00 a.m. or after 6:00 p.m. during standard time, or before 9:00 a.m. or after 7:00 p.m. during Daylight Savings Time, without a prior invitation from the occupants of said private residence. (2) No peddler, commercial solicitor or itinerant merchant shall represent to any person that any certificate of registration, permit or identification card issued under the provisions of this article in any manner constitutes an endorsement or approval by the City of Corpus Christi, Texas, of a product, good or service or of any particular person or business. Page 15 (3) No peddler, solicitor or itinerant merchant shall make any false, fraudulent or misrepresentative statement regarding any goods or services or in any other manner misrepresent his business or purpose. (4) Every peddler, solicitor and itinerant merchant shall upon the request of any purchaser of goods or services from him, provide such purchaser with a written receipt signed by the said peddler, solicitor or itinerant merchant and setting forth a brief description of the goods or services, the total purchase or rental price thereof, the amount of cash payment, if any, and the balance due and terms of payment. Every peddler, commercial solicitor and itinerant merchant shall prominently display any certificate of registration or permit issued under the provisions of this article and shall, upon the request of any person, display any identification card issued under the provisions of this article. (6) No peddler, commercial solicitor, or itinerant merchant shall remain on any private premises or continue any effort to gain entry to any private premises after being requested by the owner or lawful occupant thereof to depart. No peddler, commercial solicitor, or itinerant merchant shall engage in soliciting activities at any residence or business that has a "No Soliciting" or "No Trespassing" sign posted on the property. Sec. 38-176. - Vendors; general regulations. (5) (7) All vendors permitted under the provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) All vendor premises and surrounding area shall be kept clean and free of trash and litter. A trash receptacle shall be provided by the vendor, maintained by the vendor and lawfully disposed by the vendoravailablc upon or within scvcnty fivc (75) fcct of cvcry vcnding unit. The vendor shall secure the trash receptavclereceptacle in a manner that ensures the trash is maintained within the receptacle at all times. Prior to leaving the location the vendor shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled. The trash receptacle must be removed from the vending site by the vendor or mobile food vendor within thirty (30) minutes after the vendor or mobile food vendor has ceased vending activities at the end of each business day. Every vendor issued a permit under the provisions of this chapter shall, within five (5) days of such issuance, certify in writing that he has obtained training or information on litter and waste handling from Keep America Beautiful, Inc. or some other approved organization operating an educational program to reduce litter in the city. (2) No vendor shall conduct his vending operation except between the hours of 7:00 a.m. and 12:00 midnight, unless otherwise specified in a location license, and no vending unit shall remain on the premises except during such period of operations. Mobile food vendors will adhere to the hours of operation listed in Page 16 (3) the special regulations for mobile food vendors, unless otherwise specified in a location license. Vendor signage shall be secured and restricted to vending units, mobile food units and service vehicles with no extension of signs beyond vehicle, mobile food unit or vending unit edges. Signs shall be limited to the vendor's name and a listing of goods and services available and their prices and shall comply with the zoning regulations relating to signage for the zoning district in which the vending unit is operated. (4) All permits shall be prominently displayed and plainly visible within or upon the vending unit. Idcntification cards shall be displaycd to any person so rcqucsting. (5) Vending of food or beverages in glass containers is prohibited. (6) All vendor premises must be vacated and vending units removed from the premises during Condition 3 and higher hurricane alerts. No vending unit, mobile food unit or service vehicle used therewith shall be left unattended on any public street, alley, sidewalk or other public way, nor upon any public grounds, park, beach or other public premises. (8) Vending units and mobile food units shall be freestanding and no item related to the vending operation shall be allowed to lean against or hang from or otherwise be attached to any structure except the vending unit or mobile food unit. Vending units and mobile food units shall be constructed and maintained in a professional, workmanlike manner with quality materials and units which are rusted, tattered, worn or otherwise in disrepair are strictly prohibited. (10) No vendor shall use any type of sound amplification nor shall any vendor shout or make any other loud noises to attract the attention of pedestrians or motorists or otherwise harass or disturb persons. (11)Distribution of commercial printed matter or other advertising paraphernalia is prohibited. (12) No vendor shall vend to persons in vehicles. (13) Vending units and mobile food units that are parked or stationary shall have chocked wheels, or use other means to prevent movement of the units while vending. (14) Vendors must comply with all the provisions relating to noise found in in Chapter 31 of this Code and are subject to the enforcement and penalties listed in Chapter (7) (9) 31. (15) In addition to the regulations specified in this section, vendors and mobile food vendors who obtain specific location licenses shall comply with the applicable special regulations related to sidewalk vending, street vending, park and beach vending contained in this article and Chapter 10 of this Code. Further vendors and mobile food vendors conducting vending on private premises or authorized Page 17 street vending shall comply with the special regulations related to private premise vending and street vending contained in this article. Sec. 38-18. — Mobile food vendors; special regulations All mobile food vendors permitted under the provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) Mobile food vendors shall comply with all of the rules and regulations listed in Section 38-17 of this Code, with the exception of hours of operation. (2) No mobile food vendor shall conduct his vending operation except between the hours of 6:00 a.m. and 3:00 a.m., unless otherwise specified in a location license, and no mobile food unit shall remain on the premises except during such periods of operation. (3) Mobile food units shall have a nonporous material placed underneath the mobile food unit. (4) Mobile food units shall be street -approved motor vehicles duly licensed for operation upon public streets and roadways in accordance with the regulations of the Texas Department of Public Safety and Texas Department of Motor Vehicles. (5) Mobile food units shall not be operated on any residentially zoned property. (6) Vending to persons standing in the streets is prohibited. (7) Mobile food units must have "No Smoking' signs displayed at or near the order window or area and near the area where propane is used. (8) Mobile food units must be a minimum of twenty (20) feet away from any building, including overhangs, unless otherwise authorized. (9) The permittee is responsible for educating all employees and agents about proper fire safety associated with operating the mobile food vending unit. Sec. 38-19. - Sidewalk vendinger-s; location license required; special regulationsi special event vending. (a) No location licensepermit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend upon any public sidewalk in the city except as follows: (b) Vendors and mobile food vendors shall be permitted to operate on the Bayfront Seawall sidewalk or areas specified in a Pilot Program approved by the City Manager or designee, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors and mobile food vendors by this article. (1) The director of parks and recreation may establish designated vendor and mobile food vendor sites on the Bayfront Seawall sidewalk, taking into account the following factors: a. Primary use and users of the particular location. b. Pedestrian and vehicle traffic flows and congestion. Page 18 c. Parking facilities. d. Availability and location of permanent city contractual concessions and other permanent facilities. e. Sidewalk width which ensures compliance with the Americans with Disabilities Act, as amended. (2) The designated vendor and mobile food vendor sites shall be assigned after application, payment of a fee, and demonstration that the vendor or mobile food vendor has been issued a permit under this article to operate in the City and a health permit if applicable. Vendor and mobile food vendor sites may not be "reserved" in advance of location license issuance. No vendor or mobile food vendor assigned to a designated vendor or mobile food vendor site shall vend in or at any other Bayfront Seawall sidewalk location except the assigned site, unless authorized by the City Manager or designee by license or otherwise permitted under this article. (3) No vendor or mobile food vendor shall conduct his vending operation except between the hours of 7:00 a.m. and 12:00 midnight, unless otherwise specified in a location license, and no vending unit shall remain on the premises except during such period of operations. (4) Designated vendor and mobile food vendor sites shall be limited in size and number in accordance with the considerations established in paragraph (1) of this section. (54 -)The maximum size of vending units and mobile food units shall be determined by locationthrcc (3) fcct in width by four (1) fcct in Icngth, cxcluding movablc parts and pushbars. Ovcrall sizc shall not cxcccd six (6) fcct in Icngth nor four 0) fcct in width.The requested vending location must allow for five (5) feet of unobstructed pedestrian access, excluding the vending operating area. (62)Vendors shall confine their vending units and activities on the seawall sidewalk to the area immediately adjacent to the waterside seawall curb (the side of the unit nearest such curb shall be kept within two (2) feet of such curb). Vending is -, the bayfront Iandmasccs and connccting sidcwalks, (73)Mobile push cart vending units shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. (84)No type of vendor or mobile food vendor service vehicle shall be parked along Shoreline Boulevard next to the seawall except for the time necessary to load or unload inventory, a mobile food unit, era vending unit or if permitted in an authorized zone. (9&)Vending is prohibited within seventy-five (75) feet of another vendor; within three hundred (300) feet of any permanent contractual concession; within twenty-five (25) feet of any street intersection; within three hundred (300) feet of the designated grounds of an authorized community festival event or permitted special event, and within fifty (50) feet of any building entrance. Page 19 (106) No vendor or mobile food vendor shall cause any obstruction to the smooth flow of pedestrian or vehicular traffic and vendors shall yield the right-of-way to other traffic of any type. (11) Rental of motorized transport for use on the Bayfront Seawall sidewalk is prohibited. (126) Motorized vending units are prohibited. (139) No vendor shall use any type of sound amplification nor shall any vendor shout or make any other loud noises to attract the attention of pedestrians or motorists or otherwise harass or disturb persons. (14) Distribution of commercial printed matter paraphernalia is prohibited. (159) No vendor shall vend to persons in vehicles. (16) The vendor or mobile food vendor shall be responsible for all maintenance of the permitted area and shall reimburse the City for all repairs caused by damage to the sidewalk or adjacent right-of-way by the permitted use. (17)The following types of vending activities may be permitted at the designated vending sites: a. Food and beverage sales. b. Sales and rentals which promote tourism/leisure activities as approved by the director of parks and recreation. c. Frozen dessert push cart vendors. In addition, frozen dessert push cart vendors shall operate only between the hours of 7:00 a.m. and midnight. The maximum size of push carts shall be three (3) feet in width by four (4) feet in length, excluding movable parts and pushbars. Overall size shall not exceed six (6) feet in length nor four (4) feet in width. Push carts shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. Distribution of commercial printed matter, or other advertising paraphernalia is prohibited. Push cart vendors shall obtain vending permits, health permits, and food handler permits. _(c) ParadcSpecial event vending. Vendors and mobile food vendors participating in organized community and festival events or parades held by authority of agreements or special permits issued by the city council or held upon public premises or in or upon public parks or beaches under the auspices or sponsorship or within the regular administration of the parks and recreation department of the city shall obtain the permit required by this chapter. However, vendors and mobile food vendors will be required to adhere to any special requirements of the special event permit which may vary from the requirements of this chapter. (By way of example and not limitation: Buccaneer Days, Texas Jazz Festival, and Beach to Bay.) Sec. 38-204$. - Street vendinj ger-s; special regulations. Page 20 No permit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend upon or from any public street, alley or roadway except subject to the following restrictions and regulations and in areas specified in a Pilot Program approved by the City Manager or designee, in addition to other conditions imposed upon vendors and mobile food vendors by this article: (1) Vending units and mobile food units shall be street -approved motor vehicles duly licensed for operation upon public streets and roadways in accordance with the regulations of the Texas Department of Public Safety and Texas Department of Motor Vehicles. (2) No mobile vending shall be conducted by a mobile food unit except upon residential streets as designated in the Corpus Christi Urban Transportation Plan and located in residential zones under the provisions of the Corpus Christi Zoning Ordinance - (3) Mobile Vcndingfood -units must remain mobile except to stop and vend. Vending from a moving vehicle is prohibited. (4) Vending within five hundred (500) feet of the grounds of any school, public or private, when the school is in session and for one-half hour prior to the start and one-half hour after the close of any session is prohibited. Vending within five hundred (500) feet of any hospital is prohibited. (5) (6) No vendor, mobile food vendor, mobile vending unit or vending unit shall restrict, obstruct or interfere with the access of any person to or from a private driveway or in any way create an obstruction to adequate access to property. (7) Vending shall be conducted only during daylight hours, unless otherwise specified in a location license. (8) No vendor or mobile food vendor shall vend or stop, stand or park his vehicle within seventy-five (75) feet of any street intersection. (9) Vending units and mobile food units shall be stopped immediately adjacent (within eighteen (18) inches) to curbs or street edges for conducting business. Double parking is prohibited. (10)VcndingMobile food units shall be equipped with a caution sign that can be extended horizontally from the left side of the vehicle with letters not less than six (6) inches in height spelling out the word CAUTION or SLOW and shall be further equipped with caution signs on the front and back alerting oncoming motorists that children may be crossing near the vehicle. The extendable caution arm must be extended whenever the unit is stopped for vending. All equipment installed in or on any vending vehicle shall be secured so as to prevent movement during transit and detachment in the event of a collision or sudden movement or stop. Loose utensils shall be securely stored whenever the vehicle is moving. Page 21 J11) No vendor or mobile food vendor shall use any outcry, sound amplification device or other instrument which can be heard for a distance greater than five hundred (500) feet to attract attention for vending, nor shall any outcry, sound amplification device or other instrument for attracting attention be used in any place or at any time when vending is prohibited by this section. (12)Vending vehicles shall not exceed fifteen (15) miles per hour in residential areas while engaged in seeking customers. (13)Vending to persons standing in the streets is prohibited. (14)VendorsMobile food vendors shall yield the right-of-way to all other types of traffic. (15)Frozen dessert push cart vendors are permitted to operate on public streets in residential areas subject to the requirements of article I, chapter 38 of the Code of Ordinances, including the other requirements specified in this section. In addition, frozen dessert push cart vendors shall operate only between the hours of 10:00 a.m. and sunset. The maximum size of push carts shall be three (3) feet in width by four (4) feet in length, excluding movable parts and pushbars. Overall size shall not exceed six (6) feet in length nor four (4) feet in width. Push carts shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. Distribution of commercial handbills, circulars or other advertising paraphernalia is prohibited. Push cart vendors shall obtain vending permits, health permits, and food handler permits. Sec. 38-214. - Park and beach vendinjc.ors Special regulations. (a) Gulf of Mexico beach vendors and mobile food vendors are subject to the requirements of article VI, chapter 10, and the sections of this article, except section 38-19. (b) No location licensepermit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend in or upon any public park or beach along Corpus Christi Bay, Nueces Bay, or the Laguna Madre (hereinafter, for the purposes of this section, "bayfront beach" or "bayfront beaches") or from or upon other public grounds in the city except as follows: Vendors and mobile food vendors shall be permitted to operate in or upon public parks and beaches in the city, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors and mobile food vendors by this article: (1) The director of parks and recreation may establish designated vendor and mobile food vendor sites for public parks and beaches within the city, taking into account the following factors: a. Primary use and users of the particular park or beach. b. Pedestrian and vehicle traffic flows and congestion. c. Parking facilities. Page 22 d. Availability and location of permanent city contractual concessions and other permanent facilities. (2) The designated vendor and mobile food vendor sites shall be assigned after application approval, payment of a fee, and demonstration that the vendor or mobile food vendorin conjunction - - - _ _ _- _ _ - . has been issued a vendor permit under this article to operate in the City and a health permit if applicable.or upon a public park or beach. Vendor and mobile food vendor sites may not be "reserved" in advance of location permit issuance. No vendor or mobile food vendor assigned to a designated vendor or mobile food vendor site shall vend in or at any other location within the park or beach area except the assigned site. Designated vendor and mobile food vendor sites shall be limited in size and number in accordance with the considerations established in paragraph (1) of this section. (3) (4) Vending units and Mmobile vcndingfood units shall be stationary and have chocked wheels, if necessary, to prevent movement of the units while vending. (5) provisions of section 38 1/1 of this article. No mobile vending unit or mobile food unit shall stop to vend in or otherwise obstruct the traveled portion of any public beach, which portion shall for purposes of this section be deemed a street. Vending units shall stop at least ten (10) feet from thc said traveled portion for conducting busincs€. (6) Vending onef Gulf of Mexico beaches shall be governed by the provisions of chapter 10 of the Code of Ordinances. Sec. 38-228. - Private premises vendi. ors; special regulations. No permit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend from or upon any private premises except subject to the following restrictions and regulations in addition to other conditions imposed upon vendors and mobile food vendors by this article: bonding requirements of section 38 8 of this article. (12)Vendors and mobile food vendors are prohibited except in established single family residential zones, unless authorized by the City Manager or designeearcas allowing retail business in accordance with thc zoning ordinancc of thc city. (23)Prior to the issuance or renewal of a permit under this article, a sworn affidavit of the owner of the premises proposed to be used by the vendor or mobile food vendor authorizing such use by the vendor or mobile food vendor, must be filed with the permit officcrCity Manager or designee. Page 23 (1) Prior to thc issuancc or rcncwal of a permit undcr this articic a valid ccrtificatc of occupancy for thc prcmiscs proposcd to be uscd by thc vcndor must be filcd with the permit officer. (3&)Vending units and mobile food units shall be set back from all street -front property lines and from all rights-of-way by a minimum of twenty (20) feet. (46)Vending units shall be a maximum of ten (10) feet by twenty (20) feet, unless otherwise approved by the City Manager or designee. (5)Restroom facilities which the vendor has written permission to use must be available on the premises to be occupied by the vendor or within three hundred (300) feet of the vending unit. (6) Vending units and mobile food units may not park or otherwise obstruct disabled parking spaces or access areas for disabled and pedestrians. (7) Vending units and mobile food units may not be located on a vacant lot. (8) Vending units and mobile food units must be parked on an improved surface. (9) If vending is secondary to a primary activity on the private premise then no more than two 2 vending units or mobile food units may be located on the same private prem ise. Sec. 38-234. - Special contract vendinj ger-s & Pilot Program. Vending units, mobile food units or operations which are oversized, nonconforming or at variance with the particular provisions of any of the general or specific regulations herein applicable to vending units, mobile food units, mobile food vendors or vendors may be permitted by special contract subject to the approval of and such terms and conditions as may be imposed by the parks and recreation directorboard in the case of vendors or mobile food vendors in or upon public parks,. 49f beaches or the Bayfront Seawall sidewalk, the City Traffic Engineer marina board in the case of vendors and mobile food vendors in or upon thc bayfront scawallsidewalks and other public rights-of-way or thc marina, or the city manager or designeecouncil in all other cases- Further, the city manager or designee may authorize pilot programs for vending in locations where vending is not authorized by this article. Sec. 38-244. - Duty of policc to enforce. It shall be thc duty of tThe Police Department and Code Enforcement Officials of the City of Corpus Christi, Texas, willto examine all places of business and persons subject to the provisions of this article, to determine if this article has been and is being complied with and to -enforce the provisions of this article against any person found to be violating the same. Sec. 38-254. - Violations. (a) Violation of any provision of this article shall constitute a class C misdemeanor. Each violation of a separate provision and each day that a violation continues shall be a separate offense. Page 24 (b) Conviction of an offense under this article shall be punishable by a fine of not less than fifty dollars ($50.00), nor more than the maximum amount established by law, for each violation. Secs. 38-265-38-39. - Reserved. SECTION 2: The Corpus Christi Code, Chapter 10, Article VI , Section 10-68 entitled "Gulf of Mexico beach vendors—Special regulations," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 10-68. - Gulf of Mexico beach vendinjgors Special regulations. (a) No permitlocation license may be issued to any vendor or mobile food vendor to operate the vendor's business, and no vendor or mobile food vendor may vend, on any beach within the city along the Gulf of Mexico shoreline or Gain front of the seawall except under the special regulations in this section. (b) Vendors and mobile food vendors shall be permitted to operate upon the Gulf beaches in the city or in front ofaa the seawall fronting on the Gulf of Mexico, subject to the following restrictions and regulations: (1) The director of parks and recreation may establish designated fixed vending arsites on Gulf beaches within the city and in front ofupon the seawall fronting on the Gulf of Mexico, taking into account the following factors: a. Primary historical use of the beach and the individuals who normally use the beach at the specific location. b. Pedestrian and vehicle traffic flows and congestion. c. Availability of parking facilities. d. Availability and location of permanent city contractual concessions and other permanent facilities in the immediate vicinity. (2) The designated fixed vendinj g -_sites may be assigned in conjunction with after application approval, payment of a fee, and demonstration that a permit to operate in this City has been issued, under -article I of chapter 38, as well as a health permit, if applicable. a. Vendor and mobile food vendor sites may not be "reserved" in advance of permit issuance. b. No vendor or mobile food vendor assigned to a designated fixed vendi igar site may vend in or at any other location on the Gulf beach or seawall, unless the vendor or mobile food vendor has a permit location license for the additional fixed vending site. Designated fixed vendinjc.ar–_sites may be limited in size and number in accordance with the considerations established in subsection (1) of this section. (3) Page 25 (4) Vendor and mobile food vendor location licenses permits for vending sites located within any area that has been leased by the city from the State of Texas require the approval of the Texas General Land Office. An applicant for a vendor permit for vending sites located on portions of the Gulf beaches, other than an area that is owned or leased by the city, where the littoral owner has a property interest in the beach, must submit proof that the littoral owner has authorized the use of their portion of the public beach for the vendor's proposed commercial activity. (6) The director of parks and recreation may adjust permitlocation license lengths and temporarily relocate designated fixed vending a -sites on Gulf beaches as necessary during construction work related to the North Padre Island Storm Damage Reduction and Environmental Enhancement Project and during any beach nourishment operations. The director of parks and recreation may temporarily relocate designated -fixed vending ai_sites on Gulf beaches as necessary during beach festivals, if the designated fixed vendinj gar sites will interfere with the routing or control of vehicle traffic. (5) (7) (8) The following types of vending activities may be permitted at the designated fixed vending sites: a. Bait and tackle sales. b. Food and beverage sales. c. Sale or rental of beach amenities, such as suntan lotion, towels, t -shirts, children's beach toys, umbrellas, beach chairs, and surfboards. (9) d. Vessel rentals. Vendors and mobile food vendors may not in any manner restrict the public from free access to and use of the public beach and to the waters of the Gulf of Mexico, as required by the Texas Open Beaches Act. While a vendor or mobile food vendor has the exclusive right to conduct business at a designated fixed vending site, the vendor or mobile food vendor must recognize and not interfere with the rights of beach users to bring to and use their own personal property and equipment on the public beach, including, but not limited to, umbrellas and chairs, regardless of whether the personal property or equipment consists of items sold or rented by the vendor or mobile food vendor. (10)Notwithstanding subsection (9) of this section, a vendor who has a location licensepermit to lease vessels, including personal watercraft, sailboats, windsurf boards, and kite sail boards, at a designated vessel launching and recovery site shall: a. Clearly mark the boundary of the vessel launching and recovery area with flags on the shoreline and buoys in the water. b. Place the last set of buoys beyond the outermost breaking waves and use a buoy color that contrasts with other buoys used to mark the area. Page 26 c. Instruct any person who rents a vessel from the vendor on the proper procedures to use when leaving and returning from the beach. d. Instruct any person who rents a vessel from the vendor on the regulations in section 10-66. (11)Vendors, who lease vessels, may not in any manner restrict free access to the public beach and to the waters of the Gulf of Mexico by other vessel owners and operators. While a vendor has the exclusive right to lease vessels at a vessel launching and recovery site, the vendor must recognize and not interfere with the rights of other vessels owners and operators to launch and recover vessels at the site. (12)Except when a vessel is leaving or returning to the beach, a vendor, who leases vessels, may not in any manner restrict free access to the public beach and to the waters of the Gulf of Mexico by swimmers or others using the public beach. The vendor may direct individuals who are in the water within the vessel launching and recovery site to leave the site when a vessel is leaving or returning to the beach. (13)Vendors and mobile food vendors may not service or fuel vehicles or vessels on the beach or in the Gulf waters, unless the vendor has a vehicle or vessel servicing plan that is approved by the director, parks and recreation, that will ensure that no fuels or lubricants will be spilled on the sand or Gulf waters. (14)No fixed site vendor, mobile food vendor, vending unit or mobile food unit shall restrict, obstruct, or interfere with vehicles operating on a Gulf beach. (15)No vendor, mobile food vendor, er vending unit, or mobile food unit shall stop to vend or otherwise obstruct the roadway portion of the beach, which portion shall for purposes of this section be deemed a street. (16)Fixed site vendors, mobile food vendors, mobile food units and vending units must be at least ten (10) feet from the roadway portion of the beach while conducting business. (17)Vendors and mobile food vendors may only vend from sunrise to sunset. (18)Vendors and mobile food vendors must remove all equipment, vehicles, and temporary structures from the beach at the end of each business day. (19)Vendors and mobile food vendors must remove or relocate their equipment, vehicles, and temporary structures upon request and may not interfere otherwise with beach cleaning operations. (20) No mobile vendor shall use any outcry, sound amplification device, or other instrument which can be heard for a distance greater than five hundred (500) feet to attract attention for vending nor shall any outcry, sound amplification device or other instrument for attracting attention be used in any place or at any time when vending is prohibited by this section. (21) Vending units and mobile food units shall be stationary and have chocked wheels, if necessary, to prevent movement of the units while vending. Page 27 (220) Vendors and mobile food vendors must take the following actions to control litter that may be created from their operations including the following: a. The vendor and mobile food vendor shall provide at least one trash receptacle at the designated fixed vending site, which must be removed from the beach by the vendor or mobile food vendor within thirty (30) minutes after the vendor or mobile food vendor has ceased vending activities at the end of each business day. b. The vendor or mobile food vendor shall clean the designated fixed vending site, remove all litter from the site and any litter that may have blown from the site, and place all litter collected in a trash receptacle that is removed from the beach within thirty (30) minutes after the vendor has ceased vending activities at the end of each business day. c. The vendor or mobile food vendor shall clean the designated fixed vending site, remove all litter from the site and any litter that may have blown from the site, and place all litter collected in a trash receptacle at least every two hours during the business day. d. It is the duty of the vendor or mobile food vendor to prevent any litter on the designated fixed vending site and to keep litter from being blown upon or being permitted to come to rest upon other parts of the beach or any private property in the city. e. Any material that is illegally dumped next to the vendor's or mobile food vendor's trash receptacles must be removed from the beach by the vendor or mobile food vendor. f. All litter and other waste collected by the vendor or mobile food vendor or placed in the vendor's or mobile food vendor's trash receptacles must be properly disposed of. When notified by a city code enforcement official that the overflows from any trash receptacle presents a health or safety hazard, the vendor or mobile food vendor shall immediately clean up the location, install additional trash receptacles, or arrange for more frequent removal of wastes from the beach. (c) No permit shall bc issucd to any mobilc vcndor to operatc thc vcndor's busincss and no vcndor shall vcnd upon or from any vchicic on a Gulf bctach cxccpt subjcct to thc g. vcndors by this scction: (1) Mobilc vcnding units shall bc strcct approvcd motor vchicics duly liccnscd for Vchicics. (2) Mobilc vcnding units shall bc permittcd to travcl upon thc roadway-parti-en-s of public bcachcs. Page 28 (3) Vending units must remain mobile, unless the mobile vending unit is stopped to complctc a salc. (1) Vcnding from a moving vchicic is prohibitcd. (5) No mobilc vcndor or vcnding unit may restrict, obstruct, or intcrfcrc with othcr vchicics operating on a Gulf bcach. (6) No mobilc vcnding unit shall stop to vcnd in or othcrwisc obstruct thc roadway portion of thc bcach, which portion shall for purposcs of this scction bc dccmcd a strcct. (7) Mobilc vcnding units shall stop at (cast tcn (10) fcct from thc roadway portion of thc bcach for conducting busincss. (8) Vending shall be conducted from sunrise to sunset. (9) No mobilc vcndor shall vcnd or stop, stand or park his vchicic within scvcnty fivc Mcxico. (10)Mobile vending units: a. Shall be cquippcd with a caution sign that can be cxtcndcd horizontally from thc Icft sidc of thc vchicic with Icttcrs not Icss than six (6) inchcs in hcight spoiling out thc word CAUTION or SLOW. b. Shall bc cquippcd with caution signs on thc front and back alcrting oncoming motorists that children may be cros€ing ncar thc vchicic. whcncvcr thc unit is stoppcd for vcnding. sudden movement or stop. Loose utensils shall be securely stored whenever the vchicic is moving. to attract attcntion for vcnding nor shall any outcry, sound amplification dcvicc or vending is prohibited by this section. whilc engagcd in sccking customcrs. (1'1)Mobilc vcndors shall yicld thc right of way to all othcr typcs of traffic. (15)Mobilc vcnding units may not vcnd within an arca dcsignatcd as a fixcd vcnding sitc if thc vcndor offcrs any itcros similar to thc itcros sold or rcntcd by thc permitted fixed site vendor. (16)Mobilc vcndors on Gulf bcachcs may only scll: a. Bait and tacklc salcs. Page 29 b. Food and beverage sales. c. Sale bcach amenities, such as suntan lotion, towels, t shirts, and children's bcach toys. (17)Mobile vendors may not service or fuel vehicles on the bcach. (c4) In addition to the restrictions and regulations in this section, vendors and mobile food vendors must comply with any additional rules and restrictions imposed upon vendors and mobile food vendors by article I of chapter 38. 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 in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. SECTION 5: This ordinance takes effect upon publication. Page 30 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 31 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for the City Council Meeting of July 18, 2017 DATE: TO: June 27, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Ordinance to exempt certain city owned vehicles from inscription requirements CAPTION: Ordinance amending Chapter 43, Article 1 of the Corpus Christi Code of Ordinances by adding Section 43-12 to exempt certain city owned vehicles from inscription requirements; and providing an effective date, for severance, and for publication. PURPOSE: Amending Chapter 43, Article 1 of the Corpus Christi Code of Ordinances by adding Section 43-12 provides that a city owned automobile is exempt from the inscription requirements of the Texas Transportation Code §721.004 when used to perform an official duty by the Police Department. BACKGROUND AND FINDINGS: Texas Transportation Code §721.004 requires municipal owned vehicles to have printed on each side of the vehicle the name of the municipality, followed by the title of the department or office having custody of the vehicle or equipment in a color sufficiently different from the body of the vehicle or equipment so that the lettering is plainly legible at a distance of not less than 100 feet. Texas Transportation Code §721.005 allows a governing body of a municipality to exempt inscription requirements for certain municipal owned motor vehicles. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approving the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 43, Article 1 of the Corpus Christi Code of Ordinances by adding Section 43-12 to exempt certain city owned vehicles from inscription requirements; and providing an effective date, for severance, and for publication. Whereas, Texas Transportation Code §721.004 requires municipal owned vehicles to have printed on each side of the vehicle the name of the municipality, followed by the title of the department or office having custody of the vehicle or equipment in a color sufficiently different from the body of the vehicle or equipment so that the lettering is plainly legible at a distance of not less than a 100 feet. Whereas, Texas Transportation Code §721.005 allows a governing body of a municipality to exempt inscription requirements for certain municipal owned motor vehicles. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 43, Article 1 of the Corpus Christ Code of Ordinances is revised to add Section 43-12 to read as follows: Sec. 43-12 - Vehicles exempted from inscription requirement A city owned automobile is exempt from the inscription requirements of Texas Transportation Code §721.004 when used to perform an official duty by the police department. SECTION 2. This ordinance takes effect after official publication. 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 as required by the City Charter of the City of Corpus Christi. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 18, 2017 Second Reading Ordinance for the City Council Meeting of July 25, 2017 DATE: July 6, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a $2,300.0 grant from NuStar Energy L.P. to purchase equipment for the Aerial and Emerging Robotics Team. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,300 to purchase equipment for the Aerial and Emerging Robotics team; and appropriating $2,300 from NuStar Energy L.P into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Aerial and Emerging Robotics team. PURPOSE: As part of the NuStar Energy L.P. charitable giving program, it has awarded the Corpus Christi Fire Department $2,300.00 to be used specifically to purchase equipment for the Aerial and Emerging Robotics Team. The equipment will allow the team to transmit video images from the Unmanned Aerial System (drone) to a ground monitor and streamed to a secure site on the internet. Command Units, Administration, and EOC will access the video and have a better situation awareness, thereby improving safety and effectiveness at an emergency incident. The drone program is in need of a gimbal camera mount and a forward looking infrared camera recorder. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all City Policies. Page 1 EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,300.00 $2,300.00 BALANCE $2,300.00 $2,300.00 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval to of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $2,300.00. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Page 2 Ordinance Authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,300 to purchase equipment for the Aerial and Emerging Robotics team; and appropriating $2,300 from NuStar Energy L.P into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Aerial and Emerging Robotics team BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from NuStar Energy L.P. in the amount of $2,300 to purchase equipment for the Aerial and Emerging Robotics team. SECTION 2. That $2,300 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Aerial and Emerging Robotics team. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 18, 2017 Second Reading Item for the City Council Meeting of June 25, 2017 DATE: May 17, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Gilbert Sanchez, Risk Manager GilbertS2@cctexas.com (361) 826-3739 Transfer of funds into the No. 4691 Golf Capital Reserve Fund CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to transfer $54,265.76 from the No. 5611 General Liability Fund to the No. 4691 Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures in the No. 4691 Golf Capital Reserve Fund by $54,265.76 and authorizing settlement of claims arising from the unforeseen damage to this property in a total amount of $13,487.14. PURPOSE: This item is to authorize the transfer of $54,265.76 from the No. 5611 General Liability Fund in the No. 4691 Golf Capital Reserve Fund to rebuild the Oso Beach Golf Course Cart Barn. The funds are currently appropriated in the No. 5611 General Liability Fund. BACKGROUND AND FINDINGS: On Friday, September 30, 2016, the golf cart barn at Oso Beach Golf Course caught fire and was destroyed. Insurance settlements to re -build the cart barn have been received and appropriated in the Golf Capital Reserve Fund on April 18, 2017 from the City's six insurance carriers totaling $95,734.24. Risk Management funds are needed to supplement the settlement payments. ALTERNATIVES: Community Enrichment Funds could be utilized to supplement the $54,265.76. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Appropriating of funds must be approved by City Council EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Park & Recreation, Risk Management, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $54,265.76 $54,265.76 BALANCE $54,265.76 $54,265.76 Fund(s): Golf Capital Reserve Fund 4691 Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Invoice # 574901 Invoice # 574902 Ordinance authorizing the City Manager or designee to execute all documents necessary to transfer $54,265.76 from the No. 5611 General Liability Fund to the No. 4691 Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures in the No. 4691 Golf Capital Reserve Fund by $54,265.76 and authorizing settlement of claims arising from the unforeseen damage to this property in a total amount of $13,487.14. Whereas, the golf cart barn at the Oso Beach Golf Course was destroyed by fire on September 30, 2016, and this fire constituted unforeseen damage to property pursuant to Texas Local Government Code 252.022(a)(3); Whereas, the insurance proceeds of $95,734.24 were received and appropriated by City Council into the Golf Capital Reserve Fund on April 18, 2017; Whereas, the golf cart barn is to be used for storage of golf carts, and is not a building or facility used by the general public; Now, therefore, be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the recitals reflected above are true and accurate and hereby incorporated into this Ordinance. Section 2. That the City Manager or designee is authorized to execute all documents necessary to transfer $54,265.76 from the No. 5611 General Liability Fund to the No. 4691 Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures in the No. 4691 Golf Capital Reserve Fund by $54,265.76. Section 3. That the City Manager or designee is authorized to execute all documents necessary to settle claims arising from the unforeseen damage to this property in a total amount of $13,487.14. 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: Joe McComb Rudy Garza Ben Molina Lucy Rubio Paulette Guajardo Michael Hunter Debbie Lindsey -Opel 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor FORESIGHT CORPUS CHRISTI GOLF LLC 512 E. BLANCO ROAD SUITE 100 BOERNE, TX 78006 Bill To City of Corpus Christi 1201 Leopard Street Corpus Christi, TX. 78401 Invoice Date Invoice # 6/22/2017 574901 P.O. No. Terms Project Quantity Description Rate Amount i. Dickson Builders, Inc. Invoice #C3293-1 1st draw for OSO Beach Cart Barn Rebuild 12,137.67 8.25% 12,137.67 0.00 Total $12,137.67 INVOICE # DICKSON BUILDERS, INC. P.O. BOX 10124 CORPUS CHRISTI, TEXAS 78460 (361)241-4292 BILL TO: FORESIGHT C.C. GOLF, L.L.C. 512 E. BLANCO ROAD, SUITE 100 BOERNE, TEXAS 78006-2039 Invoice DATE 6/22/2017 C3293 -1 DESCRIPTION AMOUNT D/B# 3293 PROGRESS DRAW TO DATE * I REIMBURSEMENT 1. ADA FILING $175.00 (ONLINE) 2. ADA REVIEW TBD 3. CITY REVIEW & PERMIT $1,962.67 I SUBTOTAL REIMBURSEMENT I1 PROGRESS 1. DEMOLITION - $7,000.00 2. FOUNDATION ENG. $1,500.00 3. D/B O.H.& P. $1,500.00 II PROGRESS 5- Nki/V S7.-AatCAS 3,C/110 4Catt ritc444E D (-or_ 2-21-) `-t 1111111111111111111 2,137.67 10,000.00 TOTAL $12,137.67 FORESIGHT CORPUS CHRISTI GOLF LLC 512 E BLANCO ROAD SUITE 100 BOERNE, TX 78006 Bill To City of Corpus Christi 1201 Leopard Street Corpus Christi, TX. 78401 Invoice Date Invoice # 7/10/2017 574902 P.O. No. Terms Project Quantity Description Rate Amount AEP -Texas -Install new anchor, guy wires and replace secondary pole and conductor. Contract #DWMS00000368667, work request 4 65364895 1,349.47 8.25% 1,349.47 0.00 Total $1,349.47 FORESIGHT GOLF Service: 5601 5 ALAMEDA ST CORPUS CHRISTI, TX Contract #: DWM500000368667 Date! 4/25/2017 AEP Texas Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service Work Request #: 65364895 You, FORESIGHT GOLF (Customer) have requested AEP Texas (Company} to install/construct certain electric distribution facilities (hereinafter referred to as "Facilities") as follows:INSTALL NEW ANCHOR, AND GUY WIRES, REPLACE SECONDARY POLE AND CONDUCTOR. The cost for construction/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texas, the Customer agrees to pay Company a one-time, non-refundable, Contribution -In -Aid -Of -Construction (CIRC) in the amount of 1,349.47. The Customer understands that he/she receives no ownership or control of the Facilities by virtue of the payment of the CIAC. The Facilities installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to INSTALL FACILITIES MENTIONED ABOVE TO PREMISES LOCATED AT 5601 S. ALAMEDA ST., CORPUS CHRISTI,TX., and the Customer agrees to provide PAY FULL AMOUNT LISTED ON CONTRIBUTION IN AID TO CONSTRUCTION. and to be ready to take electric service on or before 06/09/2017. It is understood and agreed that the Company will not begin construction/installation of the Facilities until full payment of the CIAC has been received by the Company; therefore, Customer understands and agrees that he/she needs to make full payment of the CIAC in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIAC quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 7/24/2017 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIAC payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions. Customer By Signature: Title: Date: Company By Signature: Title: Date: PLEASE » DETACH » STUB » AND » RETURN » WITH » PAYMENT » Contract No: DWMS00000368667 Please remit To: American Electric Power Sandra Luna P.O. Box 2121 Corpus Christi, TX 78403 Bill To: FORESIGHT GOLF Date: 4/25/2017 Description INSTALL NEW ANCHOR, AND GUY WIRES, REPLACE SECONDARY POLE AND CONDUCTOR. Company No: Contract No: Customer No: Date: Amount Due: Amount Remitted: PRO FORMA 211 DWMS00000368667 4/25/2017 1,349.47 Customer No: Purchase Order: Quantity UOM Init Amt Net Amount 1.0 EA 65364895 1,349.47 1,349.47 Amount Due: 1,349.47 AEP Texas Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service FORESIGHT GOLF Service: 5601 S ALAMEDA ST CORPUS CHRISTI, TX Contract 4: DwMs00000368667 Work Request #: 65364895 Date: 4/25/2017 You, FORESIGHT GOLF {Customer) have requested AEP Texas (Company) to install/construct certain electric distribution facilities (hereinafter referred to as "Facilities") as follows:INSTALL NEW ANCHOR, AND GUY WIRES, REPLACE SECONDARY POLE AND CONDUCTOR. The cost for construction/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texas, the Customer agrees to pay Company a one-time, non-refundable, Contribution -In -Aid -Of -Construction (CIAC) in the amount of 1,349.47. The Customer understands that he/she receives no ownership or control of the Facilities by virtue of the payment of the CIAC. The Facilities installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to INSTALL FACILITIES MENTIONED ABOVE TO PREMISES LOCATED AT 5601 S. ALAMEDA ST., CORPUS CHRISTI,TX., and the Customer agrees to provide PAY FULL AMOUNT LISTED ON CONTRIBUTION IN AID TO CONSTRUCTION. and to be ready to take electric service on or before 06/09/2017. It is understood and agreed that the Company will not begin construction/installation of the Facilities until full payment of the CIAO has been received by the Company; therefore, Customer understands and agrees that he/she needs to make full payment of the CIAC in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIAO quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 7/24/2017 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIAO payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions. Customer Company By By Signature: Signature: Title: Title: Date: Date: PLEASE » DETACH » STUB » AND » RETURN WITH » PAYMENT » Contract No: DWMS00000368667 Please remit To: American Electric Power Sandra Luna P.O. Box 2121 Corpus Christi, TX 78403 Bi11 To: FORESIGHT GOLF Date: 4/25/2017 Description INSTALL NEW ANCHOR, AND GUY WIRES, REPLACE SECONDARY POLE AND CONDUCTOR. Company No: Contract No: Customer No: Date: Amount Due: Amount Remitted: PRO FORMA 211 DWMS00000368667 4/25/2017 1,349.47 Customer No: Purchase Order: Quantity DOM Init Amt Net Amount 1.0 EA 65364895 1,349.47 1,349.47 Amount Due: 1,349.47 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 18, 2017 Second Reading Item for the City Council Meeting of July 25, 2017 DATE: June 30, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager Keith Selman, Assistant City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Constance P. Sanchez, Director of Finance ConstanceP@cctexas.com 361-826-3227 Cash Loan from General Fund to Golf Fund CAPTION: Ordinance advancing $655,910 in cash from the No. 1020 General Fund and appropriating it in the No. 4690 Golf Fund as a loan to fund improvements to the 9 -hole executive golf course at Gabe Lozano Golf Complex; loan to be repaid from the No. 4690 Golf Fund in the principal amount of $93,701.43 per year for seven years at a simple interest rate of 3.5% annually; and amending the FY2016-2017 Operating Budget adopted by Ordinance 030965 to increase expenditures in the No. 4690 Golf Fund by $655,910. PURPOSE: The purpose of this agenda item is to facilitate improvements to the 9 -hole executive golf course at Gabe Lozano Golf Complex. In prior years, a golf surcharge was assessed and collected from every round of golf. These funds were to be used for capital expenditures at the municipal golf courses and were collected prior to the privatization of management of the municipal golf courses to Foresight. Foresight, however, has been unable to use these funds during their lease agreement because the cash has been unavailable due to the negative financial position of the Golf Fund. This loan creates an avenue to make the improvements to the Gabe Lozano Golf Complex as the Golf Fund's net financial position improves. BACKGROUND AND FINDINGS: During the annual report on Golf Operations presented at the June 14, 2016, City Council meeting, Council Members requested information on the outstanding balance of the Golf Fund and the possibility of access to the golf surcharge reserve fund to make improvements to the two municipal golf courses. When Foresight took over operations of both City golf courses in February 2011, the golf surcharge reserve fund had a balance of $655,910. Since that time, Foresight was able to utilize $294,825 of this balance to lease equipment for both courses. Foresight's original intent, however, was to use the golf surcharge reserve fund to make capital improvements at both golf courses. Because the Golf Fund was in a negative position at that time, utilization of the full amount could not be achieved. Instead, in order to be able to use some of this balance, Foresight's contract included a provision that the annual amount spent for lease payments from the golf surcharge reserve fund was to be offset by the amount of the City's annual revenue-sharing amount received from Foresight each year for three years. The lease was paid off in FY 2015, and so the annual lease payment amount of $96,262 will now be included in Foresight's revenue-sharing payments that will be deposited into the Golf Fund (Fund No. 4690) for FY 2016. Although $294,825 of the original $655,910 of the golf surcharge reserve fund has already been spent on lease payments, Foresight has a plan for capital improvements at both golf courses in which utilization of the initial balance of the golf surcharge reserve fund of $655,910 would be needed. By improving the clubhouses at both facilities and the driving range and executive course at Gabe Lozano, Foresight predicts a significant increase in revenue that would accelerate the re -payment of the loan from the General Fund. Since Foresight assumed management of the courses, total revenue generated by the golf courses has been $5,339,008. The City has received $569,460 in shared net revenue, and $653,183 in surcharge fees has also been collected and used each year to make improvements (cart path reconstruction, green reconstruction, creation of bunkers, etc.) to the Gabe Lozano and Oso Beach golf courses. Foresight has submitted a proposed list of improvements they will make to Gabe Lozano Golf Course with the amount available. Improvements will be focused on upgrading the 9 -hole executive course and will include bunker and green reconstruction, enhanced drainage and irrigation, seeding fairways and tees, and other minor updates. An itemized cost estimate for these improvements is provided for your review. These improvements were included in the long-term capital improvement list originally created in 2011 when the agreement with Foresight was first executed. Foresight selected the 9 -hole executive course for this project because it fits within the amount that would become available in the golf surcharge reserve fund as well as the potential for increased revenue because of the project. An improved executive course will give Foresight the capacity to market additional tee times comparable to those at the 18 - hole courses, focus on youth development programs as well as increase food and beverage sales. Foresight has provided a five-year pro forma that reflects an anticipated $834,455 increase in revenue based on current rates with the improvement to the 9 -hole executive course. A second pro forma demonstrates projected revenues with incremental rate increases at the 9 -hole and 18 -hole courses. The increase at the 18 -hole courses has been planned and discussed with prior administrations. Foresight contends there will be exponential improvement in the quality of play that will be realized due to the improvements at the 9 - hole executive course and will merit an initial fee increase from $10.25 to $13.00. This pro forma includes a $1,025,255 increase in anticipated revenues. Both pro forma are included for your review. The lease with Foresight requires the City Manager to approve any proposed fee increases for the golf courses and do not require City Council action. The City Manager requested this proposal be endorsed by the Parks and Recreation Advisory Committee (PRAC) prior to coming before City Council. On Wednesday, March 8, 2017 the PRAC passed a resolution of support for the loan and suggested fee increase from $10.25 to $13.00 at the executive course once proposed improvements are complete. Staff recommends moving forward with the $655,910 loan to the Golf Fund to facilitate the proposed improvements at the 9 -hole executive course at Gabe Lozano Golf Facility. In addition, additional surcharge fees will be collected providing for additional funds for the next improvements (lighting and other improvements at driving range, pro shop enhancements, etc.) Foresight wishes to make at the facilities. Staff recommends approving the initial proposed increase of green fees at the 9 -hole executive course from $10.25 to $13.00 once improvements are complete. A thirty -day notice prior to the change of the fee should be required of Foresight. Any further fee increases should be considered on a year -by -year basis. ALTERNATIVES: Do not approve the cash loan and wait until current operations produce enough revenue to supplant the golf surcharge reserve fund balance in the Golf Fund, resulting in a positive financial position. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Financial Services, Office of Management and Budget, City Attorney's Office 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 $655,910.00 $655,910.00 Total $655,910.00 $655,910.00 Fund(s): Golf Fund Comments: Principal and interest payments will need to be budgeted in the Golf Fund every year until the loan is paid back to the General Fund. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Loan Repayment Schedule Amendment to Agreement Regarding the Gabe Lozano 9 -Hole Executive Golf Course Project Gabe Lozano 9 -Hole Master Plan Ordinance advancing $655,910 in cash from the No. 1020 General Fund and appropriating it in the No. 4690 Golf Fund as a loan to fund improvements to the 9 -hole executive golf course at Gabe Lozano Golf Complex; loan to be repaid from the No. 4690 Golf Fund in the principal amount of $93,701.43 per year for seven years at a simple interest rate of 3.5% annually; and amending the FY2016-2017 Operating Budget adopted by Ordinance 030965 to increase expenditures in the No. 4690 Golf Fund by $655,910. SECTION 1. That $655,910 is advanced from the No. 1020 General Fund to the No. 4690 Golf Fund as a loan to fund improvements to the 9 -hole executive golf course at Gabe Lozano Golf Complex. The loan will bear a 3.5% simple interest rate annually. SECTION 2. That the No. 4690 Golf Fund will annually pay the amount of $93,701.43 plus 3.5% interest per year for seven years to the No. 1020 General Fund. SECTION 3. That the FY2016-2017 Adopted Budget adopted by ordinance 030965 is amended to increase expenditures by $655,910. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Fund 4690 Golf Fund Payback to General Fund July 18, 2017 Payback to General Fund over 7 years: Outstanding Principal Total Principal Fiscal Year Principal Interest Payments & Interest 2019 655,910.00 3.50% 22,956.85 93,701.43 116,658.28 2020 562,208.57 3.50% 19,677.30 93,701.43 113,378.73 2021 468,507.14 3.50% 16,397.75 93,701.43 110,099.18 2022 374,805.71 3.50% 13,118.20 93,701.43 106,819.63 2023 281,104.29 3.50% 9,838.65 93,701.43 103,540.08 2024 187,402.86 3.50% 6,559.10 93,701.43 100,260.53 2025 93,701.43 3.50% 3,279.55 93,701.43 96,980.98 Total 91,827.40 655,910.00 747,737.40 The Executive & Junior Golf Training Facilities at Gabe Lozano Golf Center for The City of Corpus Christi, Texas Expanded practice tee can accommodate 50 hitting stations at one time. CThe range area will be excavated and lowered to create better visibility from the tee, improve the drainage and create fill to be used on the golf holes and for a high ridge to wrap around the range for protection and containment. C Add a new 10,000 sq. foot practice putting green. The existing practice putt green can be used as a warm-up green for players on the eighteen hole course. CAdd a short game practice area for chipping and bunker practice. The area can be set up as six separate practice areas or as a six hole chip -n -putt course with each hole playing up to 30-40 yards long. 5J Add a precision pitching area with small target greens at 10 yard distances up to 100 yards. (163 Add a Scottish -style "burn" to facilitate drainage for the 9 hole course and to add some strategy, variety and interest to a few of the holes. The burn will drain into the existing drainage channel along the east side of the golf course. Practice Range Yardage Chart SCALE 1' = 100' 100' 200' 300' Target Target2 Taiet3 Tarve14 Target Tar4et6 Target Tarbet8 Al 105 135 155 185 205 235 260 310 32 110 120 160 180 210 230 265 315 33 130 120 170 175 220 230 265 275 01 65 95 115 145 165 195 220 270 02 7(1 80 120 140 170 190 22527> 5 03 95 80 130 135 180 190 225 275 SCALE 1' = 100' 100' 200' 300' Arthur SChaupeter GOLF COURSE ARCHITECTS Tel. (314( 991-6229- Kii.o,l: =dia.,par..��1CCWlloL�oi,i ,r,,Li000 5. dee.-. f Golf C,,,.re A61,i6 ro rJ'•�'" I Ci (I'r i�„�J I_� TM E2 r rl�l fr ffl R tr rJ JJ Y31.141&11 512 E. Blanco Rd. - Boerne, Texas 78006 Telephone: 830.249-7528 - www.foresighigolf,net 9 Hole Master Plan DECEMBER 13, 2011 Card of the Course Hole Par WI Middle Foraa arc[ 1 4 330 265 210 2 3 115 95 65 3 4 365 300 250 4 3 230 190 120 5 3 210 175 110 6 3 165 130 90 7 3 140 110 80 8 3 185 150 100 9 4 285 230 185 Total 30 2025 1645 1210 Arthur SChaupeter GOLF COURSE ARCHITECTS Tel. (314( 991-6229- Kii.o,l: =dia.,par..��1CCWlloL�oi,i ,r,,Li000 5. dee.-. f Golf C,,,.re A61,i6 ro rJ'•�'" I Ci (I'r i�„�J I_� TM E2 r rl�l fr ffl R tr rJ JJ Y31.141&11 512 E. Blanco Rd. - Boerne, Texas 78006 Telephone: 830.249-7528 - www.foresighigolf,net 9 Hole Master Plan DECEMBER 13, 2011 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 18, 2017 Second Reading for the City Council Meeting of July 25, 2017 DATE: June 20, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BillG@cctexas.com 361-826-3268 First Reading Ordinance — Pilot license agreement with Mobilitie, LLC CAPTION: Ordinance authorizing the City Manager or designee to execute a pilot license agreement between the City of Corpus Christi and Mobilitie, LLC for wireless facilities and poles in the right- of-way. PURPOSE: The purpose of this item is to execute a pilot license agreement between the City of Corpus Christi and Mobilitie, LLC for wireless facilities and poles in the right-of-way. BACKGROUND AND FINDINGS: Mobilitie, LLC ("Applicant") is the largest privately -held telecommunications infrastructure company in the United States. Mobilitie will design, install, operate, and maintain small cell installations on utility poles up to 40 feet in height located between the curb and sidewalk in City's right -of way. "Small cells" is an umbrella term for operator -controlled, low -powered radio access nodes that help fill voids in wireless network coverage or capacity for wireless carriers. Unlike cellular towers, small cells are relatively discreet and require less infrastructure to be installed at a property. The Applicant is proposing 28 locations throughout the city, which have been included in the agreement and supporting documents. Staff recommends that the Applicant pay an annual payment of $1500 for each one-year pilot license agreement for wireless facilities and poles in the right-of-way. ALTERNATIVES: 1. Approve the request 2. Deny the request OTHER CONSIDERATIONS: Due to the recently passed legislation of SB 1004, effective September 1, 2017, cities will no longer be able to determine the fees for leasing their right-of-way for wireless facilities. SB 1004 limits the maximum fee a City may charge for right of way usage to $250 per small cell annually with a $38 monthly fee for backhaul devices. A renewal agreement with Mobilitie will be subject to SB 1004. CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for the use of any portion of public right-of-way for private purposes. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Development Services, and Planning FINANCIAL IMPACT: ❑ Operating (]Revenue ❑ Capital ❑Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $42,000.00 $42,000.00 BALANCE $42,000.00 $42,000.00 Fund(s): 1020 -General Fund Comments: None RECOMMENDATION: Staff recommends approval of the ordinance to execute a pilot license agreement with Mobilitie, LLC for wireless facilities and poles in the right-of-way. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement with exhibit Combined Maps Presentation — Aerial Map Ordinance Authorizing the City Manager or designee to execute a pilot license agreement between the City of Corpus Christi and Mobilitie, LLC for wireless facilities and poles in the right-of-way WHEREAS, Section 253 of the Federal Communications Act of 1934, as amended, including 47 U.S.C. § 253, acknowledges that the City has the authority to manage and control access to and use of the Right -of -Way within the City limits; WHEREAS, the City owns and controls the Right -of -Way; and WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the License Agreement to install wireless facilities and pole in the right of way. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a pilot license agreement between the City of Corpus Christi and Mobilitie, LLC for wireless facilities and poles in the right-of-way. 1 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 PILOT LICENSE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MOBILITIE, LLC FOR WIRELESS FACILITIES AND POLES IN THE RIGHT-OF-WAY TABLE OF CONTENTS Page No. ARTICLE 1. PARTIES 6 1.1. ADDRESSES 6 ARTICLE 2. DEFINITIONS 7 ARTICLE 3. AUTHORIZATION TO USE RIGHT-OF-WAY 10 3.1. GRANT OF PERMISSION 10 3.2. SCOPE OF AGREEMENT 11 3.3. LIST OF LICENSED LOCATIONS 12 3.4. UNAUTHORIZED WIRELESS FACILITIES AND LICENSEE POLES 12 3.5. LICENSEE POLES 13 3.6. LEASING AND SUBLEASING 13 ARTICLE 4. PERMITS AND PERMISSION 14 4.1. REQUEST FOR ALTERNATE LICENSED LOCATION 14 4.2. ALTERNATE LOCATION REVIEW PROCESS 14 4.3. PERMITS 15 4.4. INVENTORY 15 ARTICLE 5. RENTAL FEES AND OTHER PAYMENTS 15 5.1. RENTAL FEE 15 5.2. OTHER PAYMENTS 16 5.3. LATE PAYMENT CHARGE 16 5.4. HOLD OVER CHARGE I6 5.5. NON-FUNCTIONING WIRELESS FACILITIES 16 5.7 PAYMENT 16 5.8 REIMBURSEMENT 17 5.9 PAYMENT LIMITS 17 5.10 COMPLIANCE REVIEW 17 1 ARTICLE 6. WIRELESS FACILITIES AND LICENSEE POLES REQUIREMENTS 17 6.1. AESTHETIC REQUIREMENTS 17 6.3 INSPECTIONS 19 6.4 PLACEMENT 19 6.5 ELECTRICAL SUPPLY 21 6.6 FIBER CONNECTION 21 6.7 GENERATORS 22 6.8 EQUIPMENT DIMENSIONS 22 6.9 TREE MAINTENANCE 22 6.10 SIGNAGE 23 6.11 OVERHEAD LINES PROHIBITED IN UNDERGROUND UTILITY AREAS. 23 6.12 REPAIR 23 6.13 GRAFFITI ABATEMENT 23 ARTICLE 7. INTERFERENCE WITH OPERATIONS AND COLLOCATIONS 24 7.1. NO LIABILITY 24 7.2. NO INTERFERENCE 24 ARTICLE 8. ABANDONMENT, RELOCATION AND REMOVAL 25 8.1. ABANDONMENT OF OBSOLETE WIRELESS FACILITIES AND LICENSEE POLES 25 8.2. REMOVAL REQUIRED BY CITY 25 8.3. REMOVAL BY LICENSEE 25 8.4. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT 26 8.5. REMOVAL REQUIRED AFTER TERMINATION OR EXPIRATION OF LICENSE 26 8.6. REMOVAL REQUIRED AFTER TERMINATION 27 8.7. OWNERSHIP 27 8.8. RESTORATION 27 8.9. LICENSEE RESPONSIBLE 27 8.10. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE 27 ARTICLE 9. ENVIRONMENTAL LAW REQUIREMENTS 28 2 ARTICLE 10. SECURITY 28 ARTICLE 11. RELEASE, INDEMNIFICATION, AND INSURANCE 29 11.1. RELEASE 29 11.2. INDEMNIFICATION 29 11.3. INDEMNIFICATION PROCEDURES 30 11.4. INSURANCE 31 ARTICLE 12. TERM AND TERMINATION 34 12.1. TERM 34 12.2. TERMINATION FOR CAUSE BY CITY 34 12.3 TERMINATION BY LICENSEE 35 12.4 HOLDING OVER 35 ARTICLE 13. TRANSFER OF AUTHORITY 36 13.1. ASSIGNMENT 36 13.2. BUSINESS STRUCTURE AND ASSIGNMENTS 36 ARTICLE 14. RECORDS AND AUDITS 37 14.1. RECORDS 37 14.2. INSPECTIONS AND AUDITS 37 14.3. CONFIDENTIAL INFORMATION 37 ARTICLE 15. MISCELLANEOUS 38 15.1. FORCE MAJEURE 38 15.2. DISPUTE RESOLUTION 38 15.3. ACCEPTANCE AND APPROVAL; CONSENT 39 15.4. REPRESENTATIONS AND WARRANTIES 40 15.5. STATEMENT OF ACCEPTANCE 40 15.6. RELATIONSHIP OF THE PARTIES 40 15.7 SEVERABILITY 41 15.8. ENTIRE AGREEMENT 41 15.9. WRITTEN AMENDMENT 41 15.10. APPLICABLE LAWS AND VENUE 41 15.11. NOTICES 41 3 15.12. CAPTIONS 42 15.13. NON -WAIVER 42 15.14. ENFORCEMENT 42 15.15. AMBIGUITIES 42 15.16. SURVIVAL 42 15.17. CERTIFICATE OF INTERESTED PARTIES 43 15.18. PARTIES IN INTEREST 43 15.19. REMEDIES CUMULATIVE 43 15.20. LICENSEE DEBT 44 15.21. PARTS INCORPORATED 44 15.22. CONTROLLING PARTS 44 15.23 CHANGE OF LAW 44 15.24 SIGNATURES 44 EXHIBITS A. LICENSED LOCATIONS B. APPROVED WIRELESS FACILITIES AND EQUIPMENT LIST C. LETTER OF CREDIT (REPRESENTATIVE SAMPLE) D. PERFORMANCE BOND (REPRESENTATIVE SAMPLE) 4 PILOT LICENSE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MOBILITIE, LLC FOR WIRELESS FACILITIES AND POLES IN THE RIGHT-OF-WAY THE STATE OF TEXAS COUNTY OF NUECES This PILOT LICENSE AGREEMENT FOR WIRELESS FACILITIES AND POLES ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a home -rule municipal corporation of the State of Texas, and MOBILITIE LLC, ("Licensee"), a Nevada Limited Liability Company with its principal offices at is 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660. RECITALS WHEREAS, Licensee, a Neutral Host Provider, is requesting to attach, install, operate, maintain, repair, replace, reattach, reinstall, relocate, and remove its Wireless Facilities for small cell networks or outdoor distributed antenna systems ("DAS") in the City's Right -of -Way to provide better coverage and meet increased demand for its services; and WHEREAS, the City owns and controls the Right -of -Way; and WHEREAS, Section 253 of the Federal Communications Act of 1934, as amended, including 47 U.S.C. § 253, acknowledges that the City has the authority to manage and control access to and use of the Right -of -Way within the City limits so long as such access is nondiscriminatory; and WHEREAS, the City has been authorized by the State to act as fiduciary and trustee for the public; and WHEREAS, the City is developing a Wireless Master Plan and Wireless Master Licenses Agreement for wireless facilities and poles in the right of way; and WHEREAS, the City is willing to enter a Pilot License Agreement prior to adoption of a Wireless Master Plan and Wireless Master Licenses Agreement for wireless facilities and poles in the right of way; and WHEREAS, conditions to use of the Right -of -Way include height, width, and aesthetic requirements of the Wireless Facilities and Licensee Poles occupying the Right -of -Way; and WHEREAS, the Licensee shall compensate the City pursuant to state law for the grant of permission to install the Licensee's Wireless Facilities and Licensee Poles at approved locations in the City's Right -of -Way; and 5 WHEREAS, the City may grant permission, on a site -by -site basis, the Licensee's non- exclusive use at approved locations in its Right -of -Way, subject to the terms and conditions set forth herein, and pursuant to Permits issued by the City Manager; and WHEREAS, the City and Licensee desire by this Agreement to set forth their understanding of such matters. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein below, City and Licensee agree as follows: ARTICLE 1. PARTIES 1.1.ADDRESSES The initial address of the parties, which either party may change at any time by giving written notice to the other party pursuant to the terms of this Agreement, are as follows: City City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 With Copy To City Attorney City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Director of Development Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Licensee MOBILITIE, LLC Legal Department 660 Newport Center Drive Suite 200 Newport Beach, CA 92660 Asset Management 660 Newport Center Drive Suite 200 Newport Beach, CA 9266 ARTICLE 2. DEFINITIONS 2.1. As used in this Agreement, the following terms have the meanings set out below: 2.1.1. "Abandon" and its derivatives means the Wireless Facility, Licensee Pole, or portion thereof that has been left by Licensee in an unused or non-functioning condition for more than 90 consecutive days unless, after notice to Licensee, Licensee has established to the reasonable satisfaction of the City 30 days after such notice that the Wireless Facility, Licensee Pole, or portion thereof has the ability to provide communications for the intended purpose. 2.1.2. "Affiliate" means (a) any entity who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with the Licensee; (b) any entity acquiring substantially all of the assets of Licensee in the market defined by the Federal Communications Commission in which the Licensed Locations are located; or (c) any successor entity in a merger, acquisition, or other business reorganization involving Licensee. For purposes of this definition, "own" means to own an equity or other financial interest (or the equivalent thereof) of more than 10 percent or any management interest. 2.1.3. "Agreement" means this contract between the Parties, including any exhibits and any written amendments as authorized by this Agreement. 2.1.4. "Camouflaged Wireless Facility or Licensee Pole" means any Wireless Facility or Licensee Pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility or Licensee Pole blends into the surrounding environment and is visually unobtrusive. A Camouflaged Wireless Facility or Licensee Pole also includes any Wireless Facility or Licensee Pole approved by the City as conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a facade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches so long as they do not limit the line of sight for drivers. 2.1.5. "Carrier" means a provider of Wireless Services authorized by the Licensee to utilize the Wireless Facilities and/or Licensee Poles. 2.1.6. "City" is defined in the preamble of this Agreement and includes its successors and assigns. 2.1.7. "City Attorney" means the currently appointed or acting City Attorney or his/her designee. 2.1.8. "City Code" means the Code of Ordinances, City of Corpus Christi, Texas. 7 2.1.9. "City Manager" means the current and successor City Manager of the City or designee. 2.1.10. "Effective Date" means that date countersigned by the City Manager on the signature page of this Agreement for each respective Licensee. 2.1.11. "Ground Equipment" means a Wireless Facility that is Iocated on the surface of the Right -of -Way and, if included in an approved Application for Location Review or otherwise approved by the City in writing, an incidental structure to support metering devices. 2.1.12. "Historic District" recognized by the City, state or federal government under the City Code of Ordinances, State Law, including, but not limited to, Sec. 442.001(3) of the Texas Government Code, a federal law, including, but not limited to, 16 U.S.C. § 470. 2.1.13. "Historic Landmark" recognized by the City, state or federal government under the City Code of Ordinances, State Law, including, but not Iimited to, Sec. 442.001(3) of the Texas Government Code, a federal Iaw, including, but not limited to, 16 U.S.C. § 470. 2.1.14. "Licensee" means Mobilitie LLC, a Nevada limited liability company and includes its successors and assigns. 2.1.15. "Licensed Location" means the location in the Right -of -Way, as listed in Exhibit A of this Agreement, in which Licensee is authorized to place its Wireless Facilities and Licensee Poles, provided that it has obtained all Permits. 2.1.16. "Licensee Pole" or "Licensee Poles" means pole(s) or similar vertical structure(s) owned and installed by Licensee for the sole purpose of supporting Wireless Facilities, but does not include incidental structure for supporting metering devices. 2.1.17. "Modification" means any addition, removal, or alteration of any kind, to the Wireless Facility or Licensee Pole, including altering the concealment, camouflage or stealth appearance, from the exact Licensed Location, except for routine maintenance or replacement with equipment that has substantially identical dimensions and appearance. 2.1.18. "Neutral Host Provider" means a provider of Wireless Facilities and Licensee Poles that leases space on its Wireless Facilities and Licensee Poles to Carriers. 2.1.19. "Other Party" or "Other Parties" means a Wireless Services provider or Neutral Host who is not a Party to this Agreement. 8 2.1.20. "Park" means public City Parks. granted by City's Council and the City Code of Ordinances. 2.1.21. "Party" or "Parties" mean the Licensee and City, individually or collectively as indicated in the context in which it appears. 2.1.22. "Permit" means any document issued by the City required for installation of Licensee's Wireless Facilities or Licensee Pole at a Licensed Location in the Right -of -Way such as electrical permit or Public Right -of -Way Blockage Permit . 2.1.23. "Rental Fee" means the amount Licensee is required to pay the City, as calculated according to Article V of this License, for the use of the City's Right - of -Way. 2.1.24. "Right -of -Way" means the ground level, air space above, and space below a public street, road, alley, and/or sidewalk located in the City's jurisdiction, including the entire area between the boundary lines of every right-of-way, and public utility easements, whether acquired by purchase, grant or dedication and acceptance by the City or by the public, that has been dedicated or designated for or opened to the use of the public for purposes of vehicular and pedestrian travel; and shall include any designated state or federal highway or road or any designated county road under the administrative control of the City for maintenance, repair, or vehicular traffic control purposes. 2.1.25. "School" means an educational institution that offers a course of instruction for students in one or more grades from kindergarten through grade 12. 2.1.26. "Term" means the Initial Term and any Extension Terms, collectively, during which this Agreement is in effect. 2.1.27. "Traffic Signal" means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. 2.1.28. "Traffic -Control Devices" means all sign, signals, markings, or devices placed or erected by the City or a public body having jurisdiction for the purpose of regulating, warning, or guiding traffic. 2.1.29. "Underground Utility Area" means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground. 2.1.30. "Utility Pole" or "Utility Poles" means a pole or vertical structure or similar structure supporting pole attachments (as pole attachments are defined in Texas 9 Utilities Code §252.001(4)) owned by an electric utility, a wireline telecommunications provider, or a utility, as defined in Section 224 of the Communications Act, 47 U.S.C. 224 (a) [Federal Pole Attachment Act] providing one or more of the following: (i) electric distribution with a voltage rating no higher than 34.5 kilovolts; (ii) wireline communications services of a Telecommunications Utility as defined in Texas Utilities Code §51.002(11) and is authorized to occupy the Right -of -Way pursuant to State law authorization or City written agreement. 2.1.31. "Wireless Facility" or "Wireless Facilities" means the approved equipment in Exhibit B that consists of radios, antennas, wires, fiber optic cables, amplifiers, switches, conduit, power sources, repeaters, and other supporting devices installed overhead or above the ground on a Licensee Pole or Utility Pole and control boxes, pull boxes, cabinets, and other supporting devices installed at ground level, and other wireless network infrastructure components provided by licensed or unlicensed wireless infrastructure companies for the purpose of providing, supporting, enhancing or expanding Wireless Services but not including any separate Licensee Poles or Utility Poles, that are located within the Right -of -Way as part of a wireless network, such as a small cell or distributed antenna system ("DAS") network. 2.1.32. "Wireless Services" means `personal wireless services' as that term is defined in 47 U.S.C. § 332(c)(7)(C), now or hereafter in effect, including commercial mobile services, (defined in 47 U.S.C. § 332(d)), now or hereafter in effect, provided to personal mobile communication devices through or by Wireless Facilities located wholly or partially in the Right -of -Way. 2.2 When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular include the plural. 2.3. The word "shall" is always mandatory and not merely permissive. 2.4. "Include" and "including," and words of similar import, shall be deemed to be followed by the words "without limitation." ARTICLE 3. AUTHORIZATION TO USE RIGHT-OF-WAY 3.1. GRANT OF PERMISSION 3.1.1. The City hereby grants Licensee the right to enter and to use 28 licensed locations in the Right -of -Way located in the areas listed in Exhibit A to attach, install, construct, operate, lease, maintain, repair, replace, reattach, reinstall, relocate, and remove Licensee Poles and Wireless Facilities in the most recently approved 10 version of Exhibit B, Approved Wireless Facilities and Equipment List, subject to the terms of this Agreement. 3.1.2. This Agreement does not confer any other rights not described herein nor does it permit Licensee or third parties to use the Right -of -Way for purposes not specified in this Agreement. 3.1.3. This Agreement does not authorize the Licensee to install equipment and facilities associated with or for macro wireless towers in the Right -of -Way. For purposes of this section "macro wireless towers" means any structure larger than the equipment dimensions in Article 6. 3.1.4. Neutral Host Providers must have an existing agreement with a Carrier to use or lease the Neutral Host Provider's Wireless Facilities or Licensee Poles in order to receive authorization to be in Licensed Locations. 3.1.5 Upon determination of Licensee that a licensed location is not suitable, Licensee may request an alternate site location following removal of any Wireless Facility or Licensee Pole in accordance with the terms of this Agreement. 3.2. SCOPE OF AGREEMENT 3.2.1. This Agreement is not exclusive and the City reserves the right to grant permission to use its Right -of -Way for the same or similar purposes to Other Parties. 3.2.2. Except as expressly provided herein, this Agreement does not grant Licensee the authority to grant any rights under this Agreement to any Other Party without the written consent of the City. If Other Parties seek to install Wireless Facilities on a Licensee Pole, either the Licensee or Other Party must first notify the City Manager in writing for Location Review for each Wireless Facility and Licensee Pole and obtain the City Manager's written consent. The parties agree and acknowledge that, notwithstanding anything in this Agreement to the contrary, certain Facilities deployed by Licensee in the Rights -of -Way pursuant to this Agreement may be owned and/or operated by Licensee's third -party wireless carrier customers ("Carriers") and installed and maintained by Licensee pursuant to license agreements between Licensee and such Carriers. Such Facilities shall be treated as Licensee's Facilities for all purposes under this Agreement provided that (i) Licensee remains responsible and liable for all performance obligations under the Agreement with respect to such Facilities; (ii) Licensor's sole point of contact regarding such Facilities shall be Licensee; and (iii) Licensee shall have the right to remove and relocate the Facilities. 11 3.2.3. Licensee and City agree that Licensee Poles once installed shall not be considered "Utility Poles" within the definition of this Agreement, and that third -party wireline attachments (unrelated to Licensee's network or Wireless Facilities) shall not be permitted to be on Licensee Poles. 3.2.4. This Agreement only authorizes use of the Right -of -Way and does not confer any rights or permission to install Wireless Facilities on a Utility Pole not owned by the City. 3.2.5. This Agreement does not grant to the Licensee an interest in any property. 3.2.6 This Agreement does not include the right to use the Public Rights -of -Way to conduct other businesses nor to install landlines, including fiber, for backhaul or any other purpose. 3.3. LIST OF LICENSED LOCATIONS 3.3.1. Licensee shall install its Wireless Facilities or Licensee Poles only in the Licensed Locations listed in Exhibit A. 3.3.2. The City Manager may revoke a Licensee's permission to use a Licensed Location listed in Exhibit A for that Licensee's non-compliance with this Agreement. The City Manager may amend or supplement Exhibit A as needed during the Term of this Agreement without further approval from City Council, under the following conditions. Licensee's permission to utilize a specific location may be revoked prior to the expiration of the Term: (i) by Licensor upon notice to Licensee, if Licensee fails to pay any amount when due hereunder concerning the applicable Communication Facility and such failure continues for fifteen (15) days after Licensee's receipt of written notice of nonpayment from Licensor; or (ii) by either Party upon notice to the other Party, if such other Party materially breaches any provision of this Agreement concerning the applicable Communication Facility and the breach not cured within sixty (60) days after receipt of written notice of the breach from the non -breaching Party. 3.4. UNAUTHORIZED WIRELESS FACILITIES AND LICENSEE POLES 3.4.1. The City Manager will review proposed Wireless Facilities, Licensee Poles, and other equipment specifications upon request and may amend and supplement Exhibit B without further approval from City Council. 3.4.2. The City Manager shall deem as unauthorized any type of Wireless Facility or Licensee Pole not listed in or attached under Exhibit B. The City Manager at his or her sole discretion may, upon 30 days' written notice, remove or require the Licensee to remove unauthorized Wireless Facilities or Licensee Poles at 12 Licensee's expense without any liability to the City. The City will invoice and Licensee shall reimburse the City within 30 days of receipt of the invoice for the City's cost of removal of unauthorized Wireless Facilities and Licensee Poles. 3.4.3. Any Modification to a Wireless Facility or Licensee Pole must be approved by the City Manager except for routine maintenance or replacement of an existing Wireless Facilities with equipment that (1) has substantially identical dimensions and appearance or smaller dimensions and a less intrusive appearance. 3.5. LICENSEE POLES 3.5.1. Licensee shall not install Licensee Poles in the Right -of -Way unless Licensee demonstrates that that a new Licensee Pole and Wireless Facilities in the Right - of -Way are necessary to fill a coverage or capacity gap in Wireless Services. 3.5.3. Licensee Poles must be spaced at least 300 linear feet from another Wireless Facility pole that is capable of supporting Wireless Facilities along the proposed location, unless otherwise approved by the City Manager in writing. 3.5.4. References to Licensee Poles throughout this Agreement shall not be construed as permission to install Licensee Poles in the Right -of -Way absent a Permit. 3.5.5. Licensee shall not install wooden poles, unless it is consistent with the design of other poles in the surrounding area. 3.5.6 Licensee shall allow the City to attach City Equipment to Licensee Poles to the extent City Equipment does not interfere with Licensee's Wireless Facilities. 3.6. LEASING AND SUBLEASING No later than ninety (90) days from the Effective Date, Licensee shall notify the City Manager, in writing, when more than one Carrier is using the same Licensed Location and every ninety (90) days thereafter, Licensee shall provide an updated notice of the existence of any additional Carriers added at each Licensed Location during that period. No notice is required if there is no change in Carriers utilizing the Licensed Locations. The written notification to the City Manager must identify the Licensed Location. Licensee may license use of its Wireless Facilities and/or Licensee Poles to Carrier(s) for provision of Wireless Services only if the use strictly complies with this Agreement. 13 ARTICLE 4. PERMITS AND PERMISSION 4.I. REQUEST FOR ALTERNATE LICENSED LOCATION 4.1.1. Upon determination of Licensee that a licensed location is not suitable, Licensee may request an alternate site location following removal of any Wireless Facility or Licensee Pole in accordance with the terms of this Agreement. 4.1 1.1 A one-time nonrefundable Administrative Fee of $1,000 for review of the Alternative Licensed Location This fee applies only to new requests for alternate locations based on Licensee's business model and does not apply to revisions to the initial 28 sites based on City rejection or request for modification of the initially requested sites.; 4.1.1.2. Documents necessary for the review or requested by the City, including but not limited to: 4.1.1.2.1. Map showing intended location of the Wireless Facility or Licensee Pole and its distance from a designated Historic Landmark, Park, or School, if any; 4.1.1.2.2. Representative drawings or Pictures of the intended Wireless Facility and Licensee Pole; and 4.1.1.2.3. Engineering and construction plans and drawings; 4.2. ALTERNATE LOCATION REVIEW PROCESS 4.2.1. The City shall review a request for Alternate Licensed Location and notify the Licensee in writing within 30 days of receipt of the request if Licensee needs to submit additional information. The notice shall include the information that must be submitted to the City. If Licensee does not submit the missing or additional information within 180 days of the notice, then the Licensee's request for Alternate Licensed Location shall be deemed withdrawn. 4.2.2. The City shall review the request for Alternate Licensed Location to determine: 4.2.2.1. removal of Wireless Facility or Licensee Pole from a Licensed Location in accordance with the terms of this Agreement; 4.2.2.2. The requested site is in the Right -of -Way; 4.2.2.3. Compliance with Article 6 of this Agreement; 14 4.2.2.4. That written permission has been obtained by applicable parties as required by this Agreement; and 4.2.2.5. Compliance with applicable construction, engineering, design specifications, and other applicable requirements, including the Americans with Disabilities Act. 4.2.3. The City shall deny a request for Alternate Licensed Location if the Licensee's request is not in compliance with Articles 3, 4, and 6 of this Agreement. 4.3. PERMITS 4.3.1. Licensee shall not install a Wireless Facility or Licensee Pole without the required City Permit(s). 4.3.2. The Licensee is authorized to apply for Permit(s). Such Permit application shall include the permit fee in the amount as provided by City Ordinance. 4.3.3. The Licensee shall give notice to the City Manager of any revocation or denial of any such Permit affecting its performance hereunder within 15 days of such revocation or of the day upon which the Licensee received actual or constructive notice of denial of such Permit. 4.4. INVENTORY Licensee shall maintain a list of its Wireless Facilities and Licensee Poles and Licensed Locations during the Term of this Agreement. Licensee shall provide to the City Manager such list on the first anniversary of the Effective Date and every year thereafter until the end of the Term. City shall maintain an accounting of all Rental Fees owed from, invoiced to, and received from Licensee under this Agreement. City shall provide such accounting to the Licensee on the first anniversary of the Effective Date and every year thereafter until the end of the Term. ARTICLE 5. RENTAL FEES AND OTHER PAYMENTS 5.1. RENTAL FEE Licensee shall pay the City an annual Rental Fee of $1,500 per Licensed Location for which Licensee installs Wireless Facilities or Licensee Poles in the Right -of -Way during the Term of this Agreement. Except as provided for in this Agreement, the Rental Fee is non-refundable. 5.1.1. The Rental Fee payment for the 28 Licensed Locations associated with this Agreement ("Initial Payment") is due 30 days of execution of this agreement. The Rental Fee for any year after the Initial Payment shall be paid pursuant to a subsequent agreement to be entered into between the Parties, which subsequent agreement the Parties agree shall go into effect upon the expiration or earlier termination of this Agreement, or as soon as reasonably practical thereafter. 15 In consideration of the advance payment, if for any reason one or more of the Licensed Locations is not constructed, Licensee shall be entitled to a refund or credit against future payments attributable to that location. 5.2. OTHER PAYMENTS The Rental Fee payable hereunder shall be exclusive of, and in addition to all ad valorem taxes, special assessments for municipal improvements, and other lawful obligations of the Licensee to the City. 5.3. LATE PAYMENT CHARGE Until the payment due is received, Licensee shall incur 12 percent annual interest, compounded daily from the due date until payment is made on the amount due, not to exceed an amount allowable by state or federal law. 5.4. HOLD OVER CHARGE The Rental Fee for any Hold Over Period, as described in section 12.6, shall be 150% of the Rental Fee due according to the most recent ROW Rental Fee Schedule. Payment pursuant to this subsection does not extend or renew this Agreement. 5.5. NON-FUNCTIONING WIRELESS FACILITIES Licensee shall continue to pay Rental Fees for Wireless Facilities or Licensee Poles that are no longer in service or operational if the Wireless Facilities or Licensee Poles occupy the Right -of - Way. 5.6 ADMINISTRATIVE FEES In addition to Annual License Fees, Licensee shall be responsible for paying an Administrative Fee of $3,400 for the review of the 28 Licensed Locations Sites payable within 30 days of execution of this Agreement. If the City rejects one or more sites and resubmission is necessary, the resubmission will be included in the initial $3,400 fee, with no additional application fee. 5.7 PAYMENT 5.7.1. No later than 30 days before the payment due date, City Manager shall mail notice to Licensee that includes the current Rental Fees and other fees, payment, or charges due. 5.7.2. Rental Fee and other payments shall be payable by ACH direct deposit or check payable to the City of Corpus Christi and sent to the following address: ATTN: Director of Development Services 16 City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 5.8 REIMBURSEMENT When under the terms of this Agreement, the City at its own expense has removed or remediated Licensee's Wireless Facilities or Licensee Poles and Licensee is required to reimburse the City, the Licensee shall remit payment to the City to the address listed in Article 5.7 within 30 days of the date of the invoice for removal, remediation, or requirement. 5.9 PAYMENT LIMITS Following removal of any Wireless Facility or Licensee Pole consistent with the terms of this Agreement, there will be no compensation due, including any Rental Fees, to the City by Licensee for such Wireless Facility or Licensee Pole except that the City shall not issue any refunds for any amounts already paid by Licensee for Wireless Facilities or Licensee Poles that have been removed. Notwithstanding the foregoing, if Licensee is required by the City to remove a Wireless Facility or Licensee Pole and such removal is not the result of Licensee's failure to comply with this Agreement, City will reimburse Licensee the Rental Fee for such Wireless Facility or Licensee Pole pro -rated monthly for the remainder of the calendar year. 5.10 COMPLIANCE REVIEW The City may, at its discretion, upon no less than 30 days prior written notice, require that the Licensee produce its records related to this Agreement for review by the City Manager to ascertain the correctness of the information provided under Article 5 of this Agreement. If the City Manager identifies, as a result of a review of the information provided pursuant to Article 5 of this Agreement amounts owed by the Licensee from prior periods, the Licensee shall pay a late penalty of 12 percent per annum on the amount identified, not to exceed an amount allowed by state or federal law. If the review determines that payment of the Rental Fee was not made in accordance with the terms of this Agreement and that such payment represents an underpayment of at least 20 percent of the Rental Fees due, the Licensee shall reimburse the City for all reasonable review costs, and pay the Rental Fees determined to be due and payable to the City hereunder. Such costs and fees shall be paid within 30 days after determination of amount due is made. If the review determines that payment of the Rental Fee was not made in accordance with the terms of this Agreement and that such payment represents an overpayment of any amount, City will credit such overpayment against Licensee's future obligations to City under this Agreement and reimburse Licensee the remainder of such amount within 30 days of the end of the Term. ARTICLE 6. WIRELESS FACILITIES AND LICENSEE POLES REQUIREMENTS 6.1. AESTHETIC REQUIREMENTS 17 6.1.1. The Wireless Facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet or other unit that may include ventilation openings; external cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or are visually minimized to the extent possible. 6.1.2. Licensee shall, at its own expense, install a Camouflaged Wireless Facilities or Licensee Poles, provided Licensee obtains the requisite approvals and permits required by this Agreement. Camouflaged Wireless Facilities or Licensee Poles shall not be installed unless they conform to the aesthetic or design standards for the proposed installation site, if any, unless otherwise approved by the City Manager. 6.1.3. In order to minimize negative visual impact to the surrounding area, the Licensee shall not install Ground Equipment in a Right -of -Way unless approved by the City Manager in writing. The right granted to Licensee to install Wireless Facilities and Licensee Poles on or within the Licensed Location shall not constitute a grant by the City to locate and place facilities or equipment in, above, under, across, or along the Public Rights -of -Way near or outside the Licensed Location nor does it delegate the right to Licensee to grant such a right. 6.1.4. Licensee shall comply with and observe all applicable City, State, and federal historic preservation laws and requirements. 6.1.5. If a Licensed Location becomes an Underground Utility Area during the Term of this Agreement, then Licensee's grant of permission for the Licensed Location with the Utility Poles at such Licensed Location Licensee will be instructed to relocate poles after 60 days notice. Permits required based on a request for relocation shall be granted in an expedited basis with priority. When installing Wireless Facilities in the area where the Utility Poles at issue were removed, Licensee must install Camouflaged Wireless Facilities, Ground Equipment, and Licensee Poles as authorized by the City Manager and in compliance with Underground Utility Area's aesthetic standards, as approved by the City Manager. 6.1.6. Licensee shall not install Licensee Poles in Underground Utility Area except as authorized by the City Manager and in compliance with any aesthetic standards. Any Licensee Poles authorized to be installed in Underground Utility Areas shall be Camouflaged Wireless Facilities or Licensee Poles as required by the City Manager. 6.1.7 Licensee shall not install Licensee Poles within a Historic District except as authorized by the City Manager and in compliance with any aesthetic standards. Any Licensee Poles authorized to be installed within a Historic District shall be Camouflaged Wireless Facilities or Licensee Poles as required by the City 18 Manager. Applications for approval of aesthetic review must be reviewed within ten (10) days of submission. 6.1.9. The City Manager may request that Licensee explore the feasibility of using certain equipment, including certain Wireless Facility, Ground Equipment, Licensee Pole, to improve the aesthetics of the Wireless Facilities, Licensee Poles, Ground Equipment or any portion thereof or to minimize the impact to the aesthetics of the surrounding area. If Licensee, at its sole discretion, chooses to utilize or install such equipment at its sole cost and expense, Exhibit B will be amended to add the equipment. 6.2 INSTALLATION Licensee shall, at its own cost and expense, install the Wireless Facilities or Licensee Poles in a good and workmanlike manner and in accordance with the requirements promulgated by the City Manager, as such may be amended from time to time so long as those requirements do not exceed industry accepted standards. Licensee's work shall be subject to the regulation, control and direction of the City Manager. All work done in connection with the installation, operation, maintenance, repair, and/or replacement of the Wireless Facilities or Licensee Poles shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States ("Laws"). 6.3 INSPECTIONS 6.3.1. The City Manager may perform visual inspections of any Wireless Facilities or Licensee Poles located in the Right -of -Way as the City Manager deems appropriate without notice. If the inspection requires physical contact with the Wireless Facilities, the City Manager shall provide written notice to the Licensee within five business days of the planned inspection. Licensee may have a representative present during such inspection. 6.3.2. In the event of an emergency situation, the City may, but is not required to, notify Licensee of an inspection. The City may take action necessary to remediate the emergency situation and the City Manager shall notify Licensee as soon as practically possible after remediation is complete. 6.4 PLACEMENT 6.4.1. Parks. Placement of Wireless Facilities and Licensee Poles on any Parks, Park roads, sidewalk, or property is prohibited unless dedicated as Right -of -Way and the placement complies with city ordinance, state law, private deed restrictions, or other public or private restrictions on the use of the Park. 19 6.4.1.I The Licensee shall not install Ground Equipment in a Right -of -Way that is within 150 feet of the boundary line of a Park, unless approved by the City Manager in writing. 6.4.1.2. The Licensee shall not install a Licensee Pole in a Right -of -Way that is within 300 feet of the boundary line of a Park, unless approved by the City Manager in writing. 6.4.2. Traffic Signals. Licensee shall neither allow nor place a Wireless Facility on a Traffic -Control Device or Traffic -control Signal or any structure supporting a Traffic -Control Device or Traffic -control Signal. 6.4.3. City Infrastructure. Licensee shall neither allow nor install Wireless Facilities or Licensee Poles on any part of a City bridge, overpass, or tunnel, unless approved by the City Manager in writing. 6.4.4. Streets. Licensee Poles and Ground Equipment shall not be installed in Right -of - Ways that are adjacent to streets and thoroughfares that are 50 feet or less in width and both sides of the street or thoroughfare are adjacent to exclusively single- family residential lots, unless approved by the City Manager in writing, and if in compliance with all applicable zoning and land use regulations, and applicable deed restrictions. 6.4.5. Historic Landmarks. A Wireless Facility must not be within 300 feet of a historic, site, structure, or Historic Landmark recognized by the City, state or federal government under the City Code of Ordinances, State Law, including, but not limited to, Sec. 442.001(3) of the Texas Government Code, and federal law, including, but not limited to, 16 U.S.C. 470, unless approved by the City Manager in writing. 6.4.6. Schools. Licensee shall adhere to applicable federal radio frequency (RF) emissions standards. 6.4.7. Poles. Wireless Facilities on a Utility Pole or Licensee Pole shall be installed at least 8 feet above the ground. 6.4.8. Right -of -Way. Licensee Poles and ground -level Wireless Facilities shall be placed, as much as possible, within two feet of the outer edge of the Right -of - Way line. Licensee Pole or Wireless Facility shall not impede pedestrian or vehicular traffic in the Right -of -Way. If a Licensee Pole or Wireless Facility is installed in a location that is not in accordance with the plans approved by the City Manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right -of -Way non-compliant with applicable laws, including the American Disabilities Act, then the Licensee shall remove the Wireless Facility or Licensee Pole. City shall provide Licensee 60 days notice and an opportunity to cure. Licensee shall be subject to a $2,000 per day penalty 20 from date of noncompliance until the Licensee Pole or Wireless Facility is relocated to the correct area within the Licensed Location, regardless of whether the Licensee's contractor, subcontractor, or vendor installed the Licensee Pole or Wireless Facility. Licensee may request from the City Manager a waiver of underground construction requirements to allow for "microtrenching" at a depth of less than 24 inches for lateral connections connecting Wireless Facilities to the fiber-optic network. 6.4.9. Design Manual. Upon adoption of City Guidelines for Construction in the Rights -of -Way Manual, any Placement or Modification of Wireless Facilities and Licensee Poles shall comply with the City's Guidelines for Construction in, so long as those guidelines are not more restrictive than addressed under federal law, or otherwise mutually agreed by the Parties. 6.4.10. Windstorm. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by 2015 International Building Code. Licensee shall be responsible for contracting with a Iicensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification. 6.4.11. Visibility triangle. No Wireless Facility or Licensee Pole shall be installed that does not conform to the viability requirements found in the Corpus Christi Unified Development Code subsection 4.2.9 existing or as amended. 6.5 ELECTRICAL SUPPLY Licensee shall be responsible for obtaining any required electrical power service to the Wireless Facilities and Licensee Poles. The City shall not famish to the Wireless Facilities or Licensee Poles any required electrical power. The City shall not be liable to the Licensee for any stoppages or shortages of electrical power furnished to the Wireless Facilities or Licensee Poles, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or Licensee of the structure, or for any other cause beyond the control of the City. Licensee shall not be entitled to any abatement of the Rental Fee for any such stoppage or shortage of electrical power. 6.6 FIBER CONNECTION Licensee shall be responsible for obtaining access and connection to fiber optic lines or other backhaul solutions that may be required for its Wireless Facilities or Licensee Pole. This Agreement does not include the right to use the Public Rights -of -Way outside Licensed Location to conduct other businesses nor to install landlines, including fiber, for backhaul or any other purpose. 21 6.7 GENERATORS Licensee shall not allow or install generators or back-up generators in the Right -of -Way, unless there is an force majeure type emergency to require such installation. 6.8 EQUIPMENT DIMENSIONS 6.8.1. Wireless Facilities. Licensee's Wireless Facilities installed above ground shall not exceed 4 feet in height, 2 feet in width, and 2 feet in depth, unless otherwise approved, in writing, by the City Manager. Licensee shall not install any equipment not described in or included in Exhibit B. Extensions to an existing Wireless Facility shall not result in a combined width of more than 3 feet as measured from the edge of the pole, including a Utility Pole and a Licensee Pole, and any subsequent Modifications to said pole. Licensee shall be allowed an additional cabinet for emergency battery back-up power that will not be counted towards the dimension requirements previously stated in this paragraph, provided the battery back-up power cabinet does not exceed 2 feet in height, 2 feet in width, and 21 inches in depth. Licensee's Wireless Facilities must be camouflaged or concealed. 6.8.2. Licensee Poles. Licensee Poles shall not exceed 40 feet in height as measured from the ground, and with subsequent Modifications shall not exceed 45 feet in height as measured from the ground. Licensee Poles shall not exceed 3 feet in diameter or 3 feet in width as measured from the edge of the pole, including a Utility Pole and a Licensee Pole, and any subsequent Modifications to said pole. All installed poles must contain the required operating equipment to be within or on the Pole. Licensee Poles will be required to be camouflaged. 6.8.3. Ground Equipment. Any Ground Equipment that contains equipment necessary for supporting Wireless Facilities and Licensee Poles approved by the City Manager shall be no more than 3 feet in height, 3.5 feet in width, and 2 feet in depth and not total more than 21 cubic feet, excluding any concrete pad that is at grade or no more than one inch above grade, per Licensed Location. Licensee shall be allowed an additional cabinet for emergency battery back-up power that will not be counted towards the dimension requirements previously stated in this paragraph, provided the battery back-up power cabinet does not exceed 2 feet in height, 2 feet in width, and 21 inches in depth. Any allowed Ground Equipment will be required to be concealed or camouflaged. 6.9 TREE MAINTENANCE 22 Licensee, its contractors, and agents shall obtain written permission from the City Manager before trimming trees hanging over its Licensee Poles to prevent branches of such trees from contacting attached Wireless Facilities or the Licensee Poles. When directed by the City Manager, Licensee shall trim under the supervision and direction of the City Manager. The City shall not be liable for any damages, injuries, or claims arising from Licensee's actions under this section. 6.10 SIGNAGE 6.10.1. Licensee shall post its name, location identifying information, and emergency telephone number in an area on the Licensee Pole that is visible to the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification signs) or the City Manager. 6.10.2. Except as required by law or by the Utility Pole owner, Licensee shall not post any other signage or advertising on the Wireless Facilities, Licensee Pole, or Utility Pole. 6.11 OVERHEAD LINES PROHIBITED IN UNDERGROUND UTILITY AREAS. In Underground Utility Areas, Licensee shall not allow or install overhead lines connecting to Licensee Poles. All overhead lines connecting to the Licensee Pole in Licensed Locations where other overhead telecommunications or utility lines are or will be buried below ground as part of a project, shall be buried below ground. 6.12 REPAIR Whenever the installation, placement, attachment, repair, removal, operation, use, or relocation of the Wireless Facility, Licensee Pole, or any portion thereof is required or permitted under this Agreement, and such installation, placement, attachment, repair, removal, operation, use, or relocation causes any property of the City or any third party to be damaged or to have been altered in such a manner as to make it unusable, unsafe, or in violation of any law, rule, regulation or code, Licensee, at its sole cost and expense, shall promptly repair and return such property to its original condition. If Licensee does not repair such property or perform such work as described in this paragraph, then the City shall have the option, upon 15 days' prior written notice to Licensee or immediately if there is an imminent danger to the public, to perform or cause to be performed such reasonable and necessary work on behalf of Licensee and to charge Licensee for the reasonable and actual costs incurred by the City. Licensee shall reimburse the City for the costs in accordance with Article 5.8 of this Agreement. 6.13 GRAFFITI ABATEMENT As soon as practical, but not later than 30 days from the date Licensee receives notice thereof, Licensee shall remove all graffiti on any of its Wireless Facilities or Licensee Poles located in the Right of Way. 23 ARTICLE 7. INTERFERENCE WITH OPERATIONS AND COLLOCATIONS 7.1. NO LIABILITY 7.1.1. The City shall not be liable to Licensee for any damage caused by other Licensees with Wireless Facilities sharing the same Utility Pole. 7.1.2. The City shall not be liable to Licensee by reason of inconvenience, annoyance or injury to the Wireless Facility, Licensee Pole, or activities conducted by Licensee therefrom, arising from the necessity of repairing any portion of the Right -of -Way, or from the making of any necessary alteration or improvements, in, or to, any portion of the Right -of -Way, or in, or to, its fixtures, appurtenances or equipment. The City will use reasonable efforts not to cause material interference to Licensee's operation of its Wireless Facility or Licensee Pole. 7.2. NO INTERFERENCE 7.2.1. Licensee's Wireless Facilities must not cause harmful interference to the City's radio frequency, wireless network, or communications operations ("City Operations) and other Licensee's Wireless Facilities or similar third party equipment in the Right -of -Way or adjacent City property ("Protected Equipment"). If Licensee's Wireless Facilities interfere with the City's Operations, then Licensee and city shall work cooperatively together immediately to ascertain the cause of the interference, and cure the issue. Upon determination of the interference, and if necessary to protect city health and safety concerns Licensee shall immediately cease operation of the Wireless Facilities causing said interference. After a determination of the cause of the interference and a three-day period to cure, if Licensee continues to operate Wireless Facilities that cause interference, such Wireless Facilities may be deemed unauthorized and subject to the provisions of Section 3.4 of this Agreement. If Licensee's Wireless facilities interfere with Protected Equipment, then Licensee shall take the steps necessary to correct and eliminate such interference within 24 hours of determination of cause, and in no event more than three days. If the Licensee is unable to resolve the interference issue within this timeframe, it will voluntarily power down the Wireless Facilities causing the interference, except for intermittent testing until such time as the interference is remedied 7.2.2. Following installation or Modification of a Wireless Facility, the City Manager may require Licensee to test the Wireless Facility's radio frequency and other functions to confirm that it does not interfere with the City's Operations or Protected Equipment. 24 ARTICLE 8. ABANDONMENT, RELOCATION AND REMOVAL 8.1. ABANDONMENT OF OBSOLETE WIRELESS FACILITIES AND LICENSEE POLES Licensee shall remove Wireless Facilities or Licensee Poles when such facilities are Abandoned regardless of whether it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 90 days of it being Abandoned or within 90 days of receipt of written notice from the City. When Licensee removes or abandons permanent structures in the Right -of -Way, the Licensee shall notify the City Manager in writing of such removal or abandonment and shall file with the City Manager the location and description of each Wireless Facility or Licensee Pole removed or abandoned. The City Manager may require the Licensee to complete additional remedial measures necessary for public safety and the integrity of the Right - of -Way. 8.2. REMOVAL REQUIRED BY CITY 8.2.1. Licensee shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Wireless Facility or Licensee Pole within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Wireless Facility or Licensee Pole (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Wireless Facility, Licensee Pole, or portion thereof, is adversely affecting proper operation of streetlights, or City property, or (c) Licensee loses or fails to obtain all applicable licenses, permits, and certifications required by Law for its Wireless Facility, Licensee Pole, or use of any Licensed Location under this Agreement. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Wireless Facilities or Licensee Pole at the Licensee's sole cost and expense. 8.2.2. The City Manager shall provide 90 days written notice to the Licensee before removing a Wireless Facility or Licensee Pole under this Section 8.2, unless there is imminent danger to the public health, safety, and welfare. 8.2.3. Licensee shall reimburse City for the City's actual cost of removal of its Wireless Facilities or Licensee Poles in accordance with this Agreement within 30 days of receiving the invoice from the City. 8.3. REMOVAL BY LICENSEE 8.3.1. If the Licensee removes a Wireless Facility or Licensee Pole at its own discretion, it shall notify the City Manager in writing not less than 10 business days prior to 25 removal. Licensee shall obtain all permits required for removal of its Wireless Facility or Licensee Pole prior to removal. 8.3.2. Except as provided in Section 5.9, the City shall not issue any refunds for any amounts paid by Licensee for Wireless Facilities or Licensee Poles that have been removed. 8.4. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT 8.4.1. Licensee understands and acknowledges that the City may require Licensee to remove or relocate its Wireless Facility, Licensee Pole, or any portion thereof from the Right -of -Way, and Licensee shall at the City Manager's direction remove or relocate the same at Licensee's sole cost and expense, whenever the City Manager reasonably determines that the relocation or removal is needed for any of the following purposes: 8.4.1.1. Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project. 8.4.1.2. Required for the creation of an Underground Utility Area. 8.4.2. In any such case, the City shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location, if available. 8.4.3. If Licensee fails to remove or relocate the Wireless Facility, Licensee Pole, or portion thereof as requested by the City Manager within 90 days of Licensee's receipt of the request, then the City shall be entitled to remove the Wireless Facility, Licensee Pole, or portion thereof at Licensee's sole cost and expense, without further notice to Licensee, and Licensee shall, within 30 days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, storage expenses) of the Wireless Facility, Licensee Pole, or portion thereof. 8.5. REMOVAL REOUIRED AFTER TERMINATION OR EXPIRATION OF LICENSE Within 30 days after termination or expiration of this Agreement, Licensee shall commence removal of all of Licensee's Wireless Facilities and Licensee Poles from the Right -of -Way and peaceably surrender the Right -of -Way to City in the same condition the Right -of -Way was in on the Effective Date, excepting ordinary wear and tear. Removal of all the Licensee's Wireless Facilities and Licensee Poles under this section must be completed within 180 days. If Licensee fails to begin removal of the Wireless Facilities or Licensee Poles on or before the 30th day after the Agreement expires or terminates or fails to complete removal within 180 days, the City may remove, store, or dispose of any remaining portion of the Wireless Facilities or Licensee Poles in any manner the City Manager deems appropriate. Licensee shall, within 30 days after receipt of 26 the City's written request and invoice, reimburse the City for all costs incurred by the City in connection therewith (including any reasonable overhead and storage fees). 8.6. REMOVAL REQUIRED AFTER TERMINATION Within 30 days after termination of this agreement, Licensee shall commence removal of the Wireless Facility or Licensee Pole from the Right -of -Way and peaceably surrender the Right -of - Way to City in the same condition the Right -of -Way was in on the Effective Date, excepting ordinary wear and tear. If Licensee fails to complete removal within 90 days, the City may remove, store, or dispose of any remaining portion of the Wireless Facilities or Licensee Poles in any manner the City Manager deems appropriate. Licensee shall, within 30 days after receipt of the City's written request and invoice, reimburse the City for all costs incurred by the City in connection therewith (including any reasonable overhead and storage fees). 8.7. OWNERSHIP No part of a Wireless Facility or Licensee Pole constructed, erected or placed on the Right -of -Way by Licensee will become, or be considered by the City as being affixed to or a part of, the Right - of -Way. All portions of the Wireless Facility or Licensee Pole constructed, modified, erected or placed by Licensee on the Right -of -Way will be and remains the property of Licensee and may be removed by Licensee at any time during or after the Term. 8.8. RESTORATION Licensee shall repair any damage to the Right -of -Way, and the property of any third party resulting from Licensee's removal activities (or any other of Licensee's activities hereunder) within 10 days following the date of such removal or relocation, at Licensee's sole cost and expense, to include restoration of the Right -of -Way and property to substantially the same condition as it was immediately before the Effective Date, including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager. 8.9. LICENSEE RESPONSIBLE Licensee shall be responsible and liable for the acts and omissions of Licensee's employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sublicensees, sublessees, and subcontractors in connection with the performance of this Agreement, as if such acts or omissions were Licensee's acts or omissions. 8.10. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE 27 The City has appropriated $0 under this Agreement to pay for the cost of any removal or storage of Wireless Facilities or Licensee Pole, as authorized under this Article, and no other funds are allocated in connection with the performance of this Agreement. ARTICLE 9. ENVIRONMENTAL LAW REQUIREMENTS Licensee shall comply with all rules, regulations, statutes, or orders of the Environmental Protection Agency, the Texas Commission on Environmental Quality, and any other governmental agency with the authority to promulgate environmental rules and regulations applicable to Licensee's use of any Licensed Location under this Agreement ("Environmental Laws"). Licensee shall promptly reimburse the City for any fines or penalties levied against the City because of Licensee's failure to comply with Environmental Laws. Licensee shall not possess, use, generate, release, discharge, store, dispose of, or transport any Hazardous Materials on, under, in, above, to, or from the site except in compliance with the Environmental Laws. "Hazardous Materials" mean any substances, materials, or wastes that are or become regulated as hazardous or toxic substances under any applicable federal, state, or local laws, regulations, ordinances, or orders. Licensee shall not deposit oil, gasoline, grease, lubricants, or any ignitable or hazardous liquids, materials, or substances in the City's storm sewer system or sanitary sewer system or elsewhere on City Property in violation of the Environmental Laws. Except for its contractors, subcontractors, and vendors, Licensee will not have any responsibility for managing, monitoring, or abating, nor be the owner of, nor have any liability for, any Hazardous Materials that it did not bring into the Licensed Locations. ARTICLE 10. SECURITY Within 30 days of the execution of this Agreement, Licensee shall maintain and furnish to the City Manager a Security in favor of the City. "Security" means either an executed performance bond, letter of credit or a bank or cashier's check made payable to the City, or other form of security acceptable to the City Attorney for the purpose of protecting the City from the costs and expenses associated with Licensee's failure to comply with its material obligations under and throughout the life of this Agreement, including but not limited to, (a) the City's restoration of the Right -of - Way; (b) the City's removal of any of Licensee's Wireless Facilities or Licensee Poles that are Abandoned or not properly maintained or that need to be removed to protect public health, safety, welfare, or City property; (c) the City's remediation of environmental and hazardous waste issues caused by Licensee; or (d) the City's recoupment of Rental Fees that have not been paid by Licensee in over 12 months, after Licensee receives reasonable notice from the City of any of the non-compliance listed above and opportunity to cure. An example of a City approved Ietter of credit has been provided in Exhibit "C." The amount of the Security shall be (a) $25,000 for the installation of any and all Wireless Facilities and (b) $100,000 for the installation of any and all Licensee Poles. 28 The Bond, if any, must be in a form approved by the City Attorney and issued by a corporate surety authorized and admitted to write surety bonds in Texas. An example of a City approved bond has been provided in Exhibit "D." The surety must be listed on the current list of accepted sureties on federal bonds published by the United States Treasury Department or reinsured for any liability up to $100,000.00, by a reinsurer listed on the U.S. Treasury list. In the event the surety or party issuing the Security cancels or decides not to renew or extend the Security, Licensee shall obtain, and provide to the City Attorney for approval, a replacement Security with another surety, authorized to do business in Texas, within 30 days of the date the Security has been cancelled or non -renewed. If Licensee fails to provide the replacement Security within the 30 -day period, the City Manager, after consulting with the City Attorney, may immediately suspend Licensee from any further performance under this Agreement and begin procedures to terminate for default pursuant to the terms of Section 12.3. In the event that the City draws upon the Security, Licensee must replenish the amount of the Security within 30 days. Notwithstanding any provisions of this Agreement to the contrary, the City Manager shall be required to notify Licensee in writing as a precondition to drawing on, seeking payment under, or executing against the Security. In the event that Licensee shall fully and faithfully comply with all of the terms of this Agreement, the City shall return the Security to Licensee within 60 days of the Agreement's expiration or termination, to the extent not otherwise applied in compliance with this Agreement. ARTICLE 11. RELEASE, INDEMNIFICATION, AND INSURANCE 11.1. RELEASE LICENSEE AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE "CITY") FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE AND/OR THE CITY'S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY. INDEMNIFICATION DOES NOT EXTEND TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NEITHER LICENSEE NOR CITY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT. THIS SECTION WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 11.2. INDEMNIFICATION 29 11.2.1. LICENSEE AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS (COLLECTIVELY "INDEMNIFY" AND "INDEMNIFICATION") THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE "CITY PARTIES") FOR ALL THIRD -PARTY CLAIMS, SUITS, DAMAGES, LIABILITIES, FINES, AND EXPENSES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS (COLLECTIVELY "LOSSES") FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH LICENSEE'S USE OR OPERATION OF ANY WIRELESS FACILITY, LICENSEE POLE, OR UTILITY POLE UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION THOSE CAUSED BY LICENSEE'S AND/OR ITS AGENTS', EMPLOYEES', OFFICERS', DIRECTORS', CONSULTANTS' OR SUBCONTRACTORS' ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS. 11.2.2. LICENSEE'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT WILL SURVIVE FOR FOUR YEARS AFTER THE AGREEMENT EXPIRES OR TERMINATES. 11.2.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY, LICENSEE'S INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT IS LIMITED TO $500,000 PER OCCURRENCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, LICENSEE WILL NOT BE REQUIRED TO INDEMNIFY THE CITY PARTIES FOR THE CITY PARTIES' ACTS OR OMISSIONS. 11.2.4. SUBCONTRACTORS' INDEMNIFICATION: LICENSEE SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO RELEASE AND INDEMNIFY THE CITY TO THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS ITS RELEASE AND INDEMNITY TO THE CITY AS SET FORTH IN THIS AGREEMENT. I1.3. INDEMNIFICATION PROCEDURES 11.3.1 The following procedures shall apply to indemnification under this Agreement: 11.3.1.1 Notice of Claims. If the City receives notice of any claim or circumstances that could give rise to Losses, the City shall give written notice to the other party within 10 days. The notice must include the following: 30 11.3.1.1.1 A description of the indemnification event in reasonable detail; 11.3.1.1.2 and The basis on which indemnification may be due; 11.3.1.1.3 The anticipated amount of Losses. This notice does not estop or prevent the City from later asserting a different basis for indemnification or a different amount of Losses than that indicated in the initial notice. If the City does not provide this notice within the 10 -day period, it does not waive any right to indemnification except to the extent that the Licensee is prejudiced, suffers loss, or incurs expense because of the delay. 11.3.2 Defense of Claims. The Licensee may assume the defense of the claim at its own expense with counsel chosen by it that is reasonably satisfactory to the City. The Licensee shall then control the investigation, defense, and any negotiations to settle the claim. Under these circumstances, City will fully cooperate with Licensee in defense of the claim Within 10 days after receiving written notice of the indemnification request, the Licensee must advise the City as to whether or not it will defend the claim. If the Licensee does not assume the defense, the City shall assume and control the defense, and all defense expenses shall constitute Losses. 11.3.3 Continued Participation. If the Licensee elects to defend the claim, the City may retain separate counsel at its own expense to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. The City will provide the Licensee with reasonable information and assistance related to such claim. The Licensee may settle the claim without the consent or agreement of the City unless the settlement (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City; (ii) would require the City to pay amounts that the Licensee does not fund in full; or (iii) would not result in the City's full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 11.4. INSURANCE 11.4.1 The Licensee shall maintain certain insurance and Endorsements in full force and effect at all times during the term of this Agreement and any extensions thereto. Such insurance is described as follows: 11.4.1.1. Risks and Limits of Liability. The Licensee shall maintain the following coverage and limits of liability: 31 COVERAGE LIMIT OF LIABILITY Workers' Compensation Statutory for Workers' Compensation Bodily Injury by Accident $1,000,000 (each accident) Employer's Liability Bodily Injury by Disease $1,000,000 (policy limit) Bodily Injury by Disease $1,000,000 (each employee) Commercial General Liability: Bodily and Personal Injury; Bodily Injury and Property Damage; Products and Completed Operations Coverage; Explosion, Collapse, and Underground Automobile Liability Combined Limits of $2,000,000 per occurrence and $2,000,000 aggregate $2,000,000 combined single limit for each accident for bodily injury and property damage coverage for all owned, hired, and non -owned Autos Aggregate limits are per 12 -month policy period, unless otherwise indicated. 11.4.1.2. Form of Policies. The insurance may be in one or more policies of insurance, which must be reasonably approved by the City Manager and City Attorney; however, such approval shall not be unreasonably withheld. 11.4.1.3. Issuers of Policies. The issuer of any policy (1) shall have a Certificate of Authority to transact insurance business in Texas or (2) shall be an eligible non -admitted insurer in the State of Texas and have a Best's rating of at least B+ and a Best's Financial size Category of Class VI or better, according to the most current edition of Best's Key Rating Guide. 11.4.1.4. Additional Insured Parties. The City and its officers and employees shall be included as additional Insureds as their interest may appear under this Agreement on the above commercial general liability and automobile liability policies. 32 11.4.1.5. Deductibles. Licensee shall be responsible for and pay any claims or losses to the extent of any deductible amounts and waives any claim it may have for the same against the City, its officers, agents, or employees. 11.4.1.6. Cancellation. Upon receipt of notice from its insurer Licensee will provide the City Manager 30 days' advance written notice of any cancellation. Within the 30 -day period, Licensee shall provide other suitable policies in lieu of those about to be canceled or non -renewed so as to maintain in effect the required coverage. If Licensee does not comply with this requirement, the City Manager, at his or her sole discretion, may immediately suspend Licensee from any further performance under this Agreement and begin procedures to terminate for default pursuant to the terms of Section 12.4. 11.4.1.7. Subrogation. Licensee waives any claim or right of subrogation to recover against the City, its officers, agents, or employees and each of Licensee's insurance policies must on its face or by endorsement state that the issuer waives any claim or right of subrogation to recover against the City, its officers, agents, or employees. 11.4.1.8. Endorsement of Primary Insurance. Each policy, except Workers' Compensation, shall be primary and non-contributory with any insurance or program of self-insurance maintained by the City. 11.4.1.9. Liability for Premium. Licensee shall pay all insurance premiums on its own insurance policies. The City shall not be obligated to pay any premiums. 11.4.1.10. Subcontractors. Licensee shall require all subcontractors to adhere to the same insurance as required of Licensee or Licensee shall insure the activities of the subcontractors in Licensee's insurance policies. 11.4.2 Certificates of Insurance. At the time this Agreement is signed and as long as this Agreement continues, Licensee must furnish to the City Manager certificates of insurance, including any blanket additional insured endorsements that meet the requirements of Section 11.4 of this Agreement. These certificates must bear the Licensee's name in which it is insured. If requested by the City Manager, Licensee must provide the originals of all policies referred to above, or copies certified by the agent or attorney-in-fact issuing them. Licensee shall provide updated certificates of insurance to the City Manager upon request. Every certificate of insurance Licensee delivers for the shall: 11.4.2.1. evidence coverage in effect for a twelve (12) month period; 11.4.2.2. include the company name and address, policy number, NAIC number or AMB number, and authorized signature; 11.4.2.3. include the name and reference numbers and indicate the name and address of the project manager or authorized contact person in the Certificate 33 Holder Box; and be appropriately marked to accurately identify all coverages and limits of the policy; 11.4.2.4. be appropriately marked to accurately identify: 11.4.2.4.1. All coverage and limits of the required under this Agreement; 11.4.2.4.2. effective and expiration dates; and 11.4.2.4.3. waivers of subrogation, endorsement of primary insurance and additional insured language, as described above. 11.4.2.5. Licensees shall, upon the City's request, deliver an assurance letter from Licensee's insurer stating that the insurer intends to issue Licensee a new policy that meets the terms of Section 11.4. ARTICLE 12. TERM AND TERMINATION 12.1. TERM 12.1.1. This Agreement is effective on the Effective Date and unless sooner terminated under other provisions of this Agreement, will remain in effect for one year. 12.2. TERMINATION FOR CAUSE BY CITY 12.2.1. [f Licensee defaults under this Agreement, the City may terminate this Agreement subject to Licensee's ability to cure such defaults below. The City's right to terminate this Agreement for Licensee's default is cumulative of all its rights and remedies which exist now or in the future. Default by Licensee includes, but is not limited to: 12.2.1.1. Failure of the Licensee to comply with any material term of this Agreement; 12.2.1.2. Licensee becomes insolvent. 12.2.1.3. The Licensee's failure to obtain all licenses, permits, and certification required by the City under this Agreement and pay all fees associated therewith after the City has notified the Licensee that licenses, permits, and certifications must be obtained to work in the Right -of -Way; 12.2.1.4. All or a substantial part of Licensee's assets are assigned for the benefit of its creditors; I2.2.1.5. A receiver or trustee is appointed for Licensee; or 34 12.2.1.6. Licensee fails to install any Wireless Facilities or Licensee Poles in the Right -of -Way within 1 year of the Effective Date. 12.2.2. If a default occurs, the City Manager shall deliver a written notice to Licensee describing the default and the termination date. If the City Manager sends a default notice, the Licensee shall have 60 days from the receipt of such notice to cure the default (unless the nature of the event takes longer to cure and the Licensee commences a cure within such 60 -day period and thereafter diligently pursues it but will not exceed 180 days unless agreed to by the City Manager which agreement will not be unreasonably withheld). If Licensee cures the default before the proposed termination date, the proposed termination is ineffective. 12.2.3. If the default is not cured in the time and manner set out above or by the City Manager, then the City Manager may immediately terminate this Agreement by notifying Licensee in writing of such termination. After receiving the notice, Licensee shall, immediately cease operations and remove Wireless Facilities and Licensee Poles from the Right -of -Way in accordance with the Sections 8.5 and 8.7 of this Agreement, and any payment due shall be remitted by Licensee within 30 days of the receipt of the notice to the address in the Section 1.1 of this Agreement. 12.3 TERMINATION BY LICENSEE 12.4.1. The Licensee may terminate this Agreement at any time by giving 30 days advance written notice to the City Manager. 12.4.2. If the Licensee does not remove all Wireless Facilities and Licensee Poles from the Right -of -Way within the time period required by Section 8.5 of this Agreement, the Wireless Facilities and Licensee Poles shall be deemed to be in a Hold Over Period subject to the payment obligations in Section 12.5 and Article 5 of this Agreement. 12.4 HOLDING OVER [f Licensee's Wireless Facilities or Licensee Poles continue to occupy the Right -of -Way after expiration of this Agreement, as extended, such occupancy shall not be deemed to be a renewal or extension of this Agreement, but shall be a month to month use of the Right -of -Way (known as the Hold Over Period) provided Licensee a) pays the Holdover Fee and other payments required in Article 5 of this Agreement and b) continues to comply with this Agreement. 35 ARTICLE 13. TRANSFER OF AUTHORITY 13.1. ASSIGNMENT 13.1.1. Licensee may not assign, delegate, transfer, or sell all or any portion of its rights, privileges and obligations under this Agreement without written notice to and the prior written consent of the City Manager, which consent will not be unreasonably withheld. No assignment in law or otherwise shall be effective until the assignee has filed with the City Manager an instrument, duly executed, reciting the fact of such assignment, accepting the terms hereof, and agreeing to comply with all of the provisions hereof. A mortgage or other pledge of assets in a bona fide lending transaction shall not be considered an assignment of this Agreement for the purposes of this Article. Notwithstanding the foregoing, this Agreement may be assigned by Licensee without any approval or consent of City to any entity which acquires all or substantially all of Licensee's assets in the market by reason of a merger, acquisition or other business reorganization provided that such acquiring entity is bound by all of the terms, and conditions of this Agreement. Licensee shall provide the City notice of any such merger, acquisition or other business reorganization within a reasonable period of time after the consummation thereof. 13.1.2. This Agreement binds and benefits the Parties and their legal successors and permitted assigns; however, this provision does not alter the restrictions on assignment and disposal of assets set out in this Article. This Agreement does not create any personal liability on the part of any officer or agent of the City. 13.1.3. Notwithstanding anything to the contrary contained in this Agreement, Licensee will, whenever in its sole discretion it is required or appropriate for the operation of its business, have the right, without notice to or consent of City, City Manager, or any other party, to assign all or any portion of its rights under this Agreement in whole or in part, to (a) any Affiliates as long as such entity has expertise in the operation of Wireless Facilities, Licensee Poles, or provision of Wireless Services; (b) any entity with which the Licensee or an Affiliate of the Licensee shares joint ownership of the Wireless Facilities or Licensee Poles; or (c) any entity that is a holder of a then -current Agreement; or d) to Licensee's customers. The Licensee shall give written notice to the City Manager within thirty (30) days of such assignment. 13.2. BUSINESS STRUCTURE AND ASSIGNMENTS Nothing in this clause, however, prevents the assignment of accounts receivable or the creation of a security interest as described in §9.406 of the Texas Business & Commerce Code. In the case of such an assignment, Licensee shall immediately furnish to the City Manager with proof of the 36 assignment and the name, telephone number, and address of the assignee and a clear identification of the fees to be paid to the assignee. ARTICLE 14. RECORDS AND AUDITS 14.1. RECORDS 14.1.1. Licensee shall keep complete and accurate GIS location information, maps, plans, equipment inventories, and other records related to Licensee's Wireless Facilities and Licensee Poles in Licensed Locations. 14.1.2. The City Manager at any time examine, review, or verify the records described in 14.1.1. 14.2. INSPECTIONS AND AUDITS 14.2.1. City representatives shall have the right to perform, or to have performed, (1) inspections or audits of the records described in 14.I.1 and (2) inspections of all places in the Right -of -Way where work is undertaken in connection with this Agreement. Licensee shall keep its books and records available for this purpose for at least four years after this Agreement terminates or expires. The inspection or audit may be performed by City staff or third -party representatives engaged by the City. This provision does not affect the applicable statute of limitations. 14.2.2. In addition to other records or filings required hereunder or by law, the Licensee shall maintain and provide access to a current map by either paper or electronic means, upon request by the City Manager, showing the approximate locations of the Wireless Facilities and Licensee Poles in the Right -of- Way. 14.2.3. The City Manager may reasonably require the keeping of additional records or accounts reasonably necessary to determine the Licensee's compliance with the terms of this Agreement. 14.3. CONFIDENTIAL INFORMATION The City Manager shall not disclose any confidential information reproduced for documentation of audit issues unless required by law. If the City receives a request to review or copy confidential information under the Texas Public Information Act or related law (the "Act"), the City shall comply with the requirements for handling third party information under the Act, including notifying the Licensee that a request to review or copy Confidential Information has been submitted to the City. Confidential information deemed subject to disclosure under the Act by the Attorney General of the State of Texas shall be disclosed. 37 ARTICLE 15. MISCELLANEOUS 15.1. FORCE MAJEURE Other than the Licensee's failure to pay amounts due and payable under this Agreement, the Licensee shall not be in default or be subject to sanction under any provision of this Agreement when its performance is prevented by Force Majeure. Force Majeure means an event caused by epidemic; act of God; fire, flood, hurricanes, tornadoes, or other natural disasters; explosions; terrorist acts against the City or Licensee; act of military or superior governmental authority that Licensee is unable to prevent by exercise of reasonable diligence; war; riots; or civil disorder; provided, however, that such causes are beyond the reasonable control and without the willful act, fault, failure or negligence of the Licensee. The term does not include any changes in general economic conditions such as inflation, interest rates, economic downturn or other factors of general application; or an event that merely makes performance more difficult, expensive or impractical. Performance is not excused under this section following the end of the applicable event of Force Majeure. Licensee is not relieved from performing its obligations under this Agreement due to a strike or work slowdown of its employees. Force Majeure does not entitle Licensee to reimbursement of payments. This relief is not applicable unless the affected party does the following: 15.1.1. uses due diligence to remove the effects of the Force Majeure as quickly as possible and to continue performance notwithstanding the Force Majeure; and 15.1.2. provides the other party with prompt written notice of the cause and its anticipated effect. The City Manager will review claims that a Force Majeure that directly impacts the City or Licensee has occurred and render a written decision within 14 days. The decision of the City Manager is final. Licensee is not relieved from performing its obligations under this Agreement due to a strike or work slowdown of its employees. Licensee shall employ only fully trained and qualified personnel during a strike. 15.2. DISPUTE RESOLUTION 15.2.1. In the event of a dispute between the Parties that arises during the Term of this Agreement, the Parties shall attempt to expeditiously and amicably resolve any dispute through good faith discussions in the ordinary course of business at the level at which the dispute originates. 15.2.2. If the Parties are not able to resolve the dispute in the ordinary course of business, the City Manager and representatives of other City departments that are involved 38 in the dispute will meet with Licensee's authorized representative in an attempt to resolve the dispute. 15.2.3. If the Parties are unable to resolve the dispute pursuant to Article 15.2.2 of this Agreement and if either of the Parties intends to file suit, the Parties shall agree to first refer the matter to mediation before a mutually -agreed upon neutral, third - party mediator and to diligently pursue a mediated settlement. If within thirty (30) days of the request to mediate, the Parties cannot agree on a mediator, the mediator selected by the City shall be the default mediator. Mediation shall begin within thirty (30) days of choosing a mediator, unless the Parties otherwise agree, in writing, to a later date. 15.2.3.1. The Parties shall initiate mediation by providing written notice to the other Party stating a desire to mediate the dispute and describing the disputed issues. 15.2.3.2. Mediation shall occur in Corpus Christi, Texas and each party shall bear its own costs incurred in connection with the mediation, including traveling expenses. The parties shall equally share the costs of the mediator's fees. 15.2.3.3. The resolution of any dispute during mediation will be in writing and made available to both Parties by the mediator. 15.2.3.4. If a party receiving a mediation request refuses to mediate, participate in selecting a mediator, to attend mediation, or fails to attend the mediation, this dispute resolution provision will be deemed to have been fulfilled by the aggrieved party and the aggrieved party is permitted to pursue any other remedies it may have. 15.2.4. Except in emergencies, no lawsuit under or related to this Agreement by one party against the other may be filed until mediation of the issue has ended as determined by the mediator or has ended in accordance with section 15.2.3.4. Before initiating litigation, either party shall notify the other party of its intent to sue. 15.2.5. This section does not apply to disputes that involve a question of law. 15.2.6. Notwithstanding the existence of any dispute between the Parties, insofar as is possible under the terms of this Agreement, each Party shall continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by a court of competent jurisdiction or unless this Agreement terminates or expires under the terms provided herein. 15.3. ACCEPTANCE AND APPROVAL; CONSENT An approval by the City Manager, or any other instrumentality of City, of any part of the Licensee's performance shall not be construed to waive compliance with this Agreement or to establish a standard of performance other than required by this Agreement or by law. Where this Agreement 39 contains a provision that either party approve or consent to any action of the other party, such approval or consent shall not be unreasonably withheld or delayed. Except as provided for in this Agreement, the City Manager are not authorized to vary the terms of this Agreement. 15.4. REPRESENTATIONS AND WARRANTIES In addition to the representations, warranties, and covenants of the Licensee to the City set forth elsewhere herein, the Licensee represents and warrants to the City and covenants and agrees (which representations, warranties, covenants and agreements shall not be affected or waived by any inspection or examination made by or on behalf of the City) that, as of the Effective Date and throughout the term of this Agreement: I5.4.1. Organization, Standing and Power. The Licensee is a Neutral Host Provider provider duly organized, validly existing and in good standing under the laws of the state of its organization and is duly authorized to do business in the State of Texas and in the City. The Licensee has all requisite power and authority to own or lease its properties and assets, subject to the terms of this Agreement, to conduct its businesses as currently conducted and to execute, deliver and perform this License and all other agreements entered into or delivered in connection with or as contemplated hereby. 15.4.2. Truthful Statements. The Licensee warrants, to the best of its knowledge and belief, that information provided and statements made in connection with its this Agreement were true and correct when made and are true and correct upon execution hereof. 15.4.3. Condition of Right -of -Way. Licensee accepts the Right -of -Way where Wireless Facilities and Licensee Poles are authorized to be located "AS IS," without any express or implied warranties of any kind. 15.5. STATEMENT OF ACCEPTANCE Licensee and City, for themselves, their successors and assigns, hereby accept and agrees to be bound by all terms, conditions and provisions of this Agreement. 15.6. RELATIONSHIP OF THE PARTIES Licensee shall be responsible and liable for its contractors, subcontractors, and sublicensees. The City has no control or supervisory powers over the manner or method of Licensees' contractors' and subcontractors' performance under this Agreement. All personnel Licensee uses or provides are its employees, contractors, or subcontractors and not the City's employees, agents, or subcontractors for any purpose whatsoever. 40 15.7 SEVERABILITY If any part of this agreement is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either party. 15.8. ENTIRE AGREEMENT This Agreement merges the prior negotiations and understandings of the Parties and embodies the entire agreement of the Parties. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind, exist between the Parties regarding this Agreement. 15.9. WRITTEN AMENDMENT Unless otherwise specified elsewhere in this Agreement, this Agreement may be amended only by written instrument executed on behalf of the City (by authority of an ordinance adopted by the City Council) and Licensee. The City Manager is only authorized to perform the functions specifically delegated to him or her in this Agreement. 15.10. APPLICABLE LAWS AND VENUE 15.10.1. This Agreement is subject to the laws of the State of Texas, the City Charter and Ordinances, the laws of the federal government of the United States, and all rules and regulations of any regulatory body or officer having jurisdiction (collectively "Law"), including any lawful court or administrative decisions, judgments or orders that have been fully and finally adjudicated, including any appeals of such decisions judgments, or orders ("Decisions"). This Agreement shall be governed, construed, and enforced according to the laws of the State of Texas, without regard to its choice of law provisions. If any material provision of this Agreement is superseded or affected by Law, then the Parties shall negotiate in good faith to revise this Agreement. 15.10.2. Subject to the Parties' obligation to submit to the dispute resolution process or mediation as described in this Agreement, Licensee shall submit any and all litigation and Iegal proceedings between any of them and the City to the exclusive jurisdiction of the state or federal courts in the State of Texas and waive any objections or right as to forum non conveniens, lack of personal jurisdiction, or similar grounds. Venue for any litigation relating to this Agreement is Nueces County, Texas. 15.11. NOTICES 15.11.1. All notices to either party to the Agreement must be in writing and must be delivered by hand, facsimile, United States registered or certified mail, return receipt requested, United States Express Mail, Federal Express, Airborne 41 Express, UPS or any other national overnight express delivery service. The notice must be addressed to the party to whom the notice is given at its address set out in Article I, Section 1.1 of this Agreement or other address the receiving party has designated previously by proper notice to the sending party. Postage or delivery charges must be paid by the party giving the notice. 15.11.2. Licensee shall address a copy to the City Manager at the address set out in Article I, Section 1.1 of all notices pertaining to Article 6 and 8 and other notices to the City Manager required under this Agreement. 15.12. CAPTIONS Captions contained in this Agreement are for reference only, and, therefore, have no effect in construing this Agreement. The captions are not restrictive of the subject matter of any section in this Agreement. 15.13. NON -WAIVER If either Party fails to require the other to perform a term of this Agreement, that failure does not prevent the Party from later enforcing that term and all other terms. If either Party waives the other's breach of a term, that waiver does not waive a later breach of this Agreement. 15.14. ENFORCEMENT The City Attomey may enforce all legal rights and obligations under this Agreement without further authorization. Licensee shall provide to the City Attorney all documents and records pertaining to this Agreement that the City Attorney requests to assist in determining Licensee's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation. 15.15. AMBIGUITIES If any term of this Agreement is ambiguous, it shall not be construed for or against any Party on the basis that the Party did or did not write it. 15.16. SURVIVAL Licensee and the City shall remain obligated to the other Party under all provisions of this Agreement that expressly or by their nature extend beyond the termination or expiration of this Agreement, including, but not limited to, the provisions regarding warranty, indemnification and confidentiality. All representations and warranties contained in this Agreement shall survive the term of the Agreement. 42 15.17. CERTIFICATE OF INTERESTED PARTIES Licensee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us,whatsnew. elf info form 1295.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.uslegalich46.html. 15.18. PARTIES IN INTEREST This Agreement does not bestow any rights upon any third party, but binds and benefits the City and Licensee only. 15.19. REMEDIES CUMULATIVE Unless otherwise specified elsewhere in this Agreement, the rights and remedies contained in this Agreement are not exclusive, but are cumulative of all rights and remedies which exist now or in the future. Neither party may terminate its duties under this Agreement except in accordance with its provisions. 43 15.20. LICENSEE DEBT IF CITY MANAGER BECOMES AWARE THAT LICENSEE OWES ANY DELINQUENT SUM OF MONEY IN AN AMOUNT GREATER THAN $100.00 TO THE CITY OR ANY RELATED ENTITY FOR AD VALOREM TAXES ON REAL OR PERSONAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE CITY ("DEBT"), IT SHALL NOTIFY LICENSEE IN WRITING. IF LICENSEE DOES NOT PAY THE DEBT WITHIN 30 DAYS OF SUCH NOTIFICATION, THE CITY MANAGER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO LICENSEE UNDER THIS AGREEMENT. 15.21. PARTS INCORPORATED All of the above-described sections listed in the Table of Contents and the listed exhibits are made a part of and incorporated into this Agreement. 15.22. CONTROLLING PARTS If a conflict between the sections of the Agreement and any of the exhibits arises, the sections of the Agreement control over the exhibits. 15.23 CHANGE OF LAW If any federal, state, or local laws or regulations (including, but not limited to, those issued by the Federal Communications Commission or its successor agency, and those issued by the Public Utility Commission of Texas) and any binding judicial interpretations thereof (collectively, "Laws") that govern any aspect of the rights or obligations of the Parties under this Agreement shall change after the Effective Date and such change makes any aspect of such rights or obligations inconsistent with the then -effective Laws, then the Parties agree to promptly amend the Agreement as reasonably required to accommodate and/or ensure compliance with any such legal or regulatory change 15.24 SIGNATURES EXECUTED IN DUPLICATE 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. 44 LICENSEE Chris Glass SVP, General Counsel Mobilitie, LLC ACKNOWLEDGMENT STATE OF GEORGIA § COUNTY OF § The foregoing instrument was acknowledged before me this _ day of 2017, by Chris Glass, SVP, General Counsel of Mobilitie, LLC, on behalf of said company. Notary Public's Signature 45 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notaryublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfu'ness, accuracy, or validity of that document. State of California County of . yl On (!)! �1 / 2iOf before me, personally appeared Q-kkopkf here nse,r;name and title of the offi rr who proved to me on the basis of satisfactory evidence to be the person(01 whose name(%) is/afe subscribed to the within instrument and acknowledged to me that he/shle/*ay executed the same in his/Irr;.erkliei_ra authorized capacityftes), and that by his/ rftheir signaturei(1 on the instrument the person{ or the entity upon behalf of which the person0 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature elmia ew_e 0 z ACKENZIE GEE COMM. #2151196 z Notary Public • California o Orange County Comm. Ex . es r . 29 2020 (Seal) rf Optional Information Although the informat.on in this section is not required by law, it . ould prevent fraudu ent removal and reatrachment al this acknowledgmer,t to an unauthorized document and may prove useful to persons rely ng on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a do; ument titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: l ; Individual(s) Attorney-in-fact 1 Corporate Officer(s) {suardian/Conservator 1 Partner limited/General i 1 Trustee(s) 1 Other. representing. . T.tic +:• Nametsl c'r'erson%) of Fntr:;f}rsl Signer it Fep•esehting Add ition aI Information Method of Signer Identification Proved tr. me on the basis of satisfarory evidence form(s) of Identlfie atlnn t redibie w Inesa!,es; Notarial event is detailed in notary journal on Page # Entry if Notary Contact Other Additional ;igner(s) l 1 ',,ignerisl thumbprirtt4:• c ivpynah; 207.2915 Nuiary Rotary, Inc. PC Rom 41400, Das Moines, IA 50311 0507 All Rights Reserved Item Number 1017'2 Pirate contact Your Authorized Reserer to our; hose topes ut' diel font IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § By: Margie C. Rose City Manager This instrument was acknowledged before me on , 2017, by Margie C. Rose, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO LEGAL FORM: gc7-7-0 Buck Brice (Date) Assistant City Attorney For City Attorney 46 Exhibit A Licensed Locations Candidate Code Nearest Street Address GIS or GPS Coordinates SA90XS170F 4809 Castenon Street 27.745127, -97.435146 SA90XS171B 5002 Prescott Street 27.742201, -97.432774 Oi SA90XS629G 3905 Fred's Folly Drive 27.652794, -97.356687 SA90XSA19A 638 Timon Boulevard 27.835629, -97.380256 SA90XSDQJA 3033 McKinzie Road 27.839803, -97.573663 SA9OXSDQUB 2509 Buford Street 27.780771, -97.416525 SA90XSDQVA 2320 Ruth Street 27.782888, -97.414815 SA90XSDQXB 5186 Oakhurst Drive 27.718091, -97.395105 SA90XSDQYB 4002 Brett Street 27.720654, -97.398718 SA90XSDRGD 2414 Viola Drive 27.743879, -97.421130 SA90XSDRID 904 Mustang Trail 27.720661, -97.371213 SA90XSDRLB 5704 Hall Avenue 27.798978, -97.470478 SA90XSDSFA 809 Skyline Drive 27.802628, -97.476207 SA90XSDSJA 11168 Leopard Street 27.846105, -97.586056 SA90XSDSMC 5510 Gollihar Road 27.718671, -97.367026 SA90XSDSRA 5011 Deepwood Circle 27.722359, -97.401800 SA90XSDSTC 8609 County Road 54 27.830029, -97.533984 SA90XSDTCC 4789 Whataburger Way 27.724518, -97.378449 SA90XSDTMC 1199 Flour Bluff Drive 27.673593, -97.297612 SA90XSDTUB 1337 Crescent Drive 27.705819, -97.359655 SA90XSDTYB 1678 6th Street 27.774462, -97.399103 SA90XSDTZC 300 Cole Street 27.773499, -97.395561 SA9OXSDUCA 2702 McArdle Road 27.736300, -97.419869 SA9OXSDUWC 5576 Weber Road 27.714440, -97.403255 SA9OXSDUXA 3917 Capri Drive 27.715316, -97.404304 SA9OXSDVAC 5321 Weber Road 27.718008, -97.401017 SA9OXSDVBF 5282 Wilkinson Drive 27.720844, -97.404852 SA9OXSDVSC 7174 Althea Court 27.671976, -97.389881 Exhibit B Approved Wireless Facilities and Equipment List (1) RF Omni Antenna- 3'TaII x 6" Diameter (2) 2 Runs of 34" coax- From the antenna to the Radio (3) GM Antenna- 3"Tall x 3" Diameter (4) Nokia Radio- 10"x12"x6" (5) Nokia GemTek UE Relay- 25" Tall x 8" Diameter (6) RayCap Breaker box- 13"x11"x5" (7) Disconnect- 11"x9"x5" (8) Meter Can- 16"x8"x5" (9) 2" Rigid Conduit — 20' AGL (For Aerial Power Only) 49 Exhibit C — Sample Letter of Credit Issuance. At the request and for the account of Licensee, (Name/Address), ("Applicant"), we, [Name of Bank, Address, City, Zip Code], ("Issuer") issue this irrevocable independent standby letter of credit number ("Standby") in favor of City of Corpus Christi, Director of Finance, 1201 Leopard Street 4th Floor, Corpus Christi, Texas 78401 ("Beneficiary") in the maximum aggregate amount of USD Undertaking. Issuer undertakes to Beneficiary to pay Beneficiary's demand for payment in the form of Annex A (Payment Demand) or Annex B (Payment Demand after Notice of Non - extension) completed as indicated and presented to Issuer at the above address of Issuer at or before the close of business on the expiration date. Presentation of any demand under this Standby may be made by telefax sent from 361-826-3601 to [Issuer's telephone number(s)] with a cover sheet marked 'URGENT. FAX PRESENTATION UNDER STANDBY LETTER OF CREDIT [REFERENCE NO.]', and the document(s) received and printed out by Issuer shall be deemed to be original under ISP98 Rule 4.15 (Original, Copy, and Multiple Documents). Beneficiary is requested to telephone Issuer at [telephone number(s)] and to identify this Standby and Beneficiary's presentation being telefaxed that same business day, as a courtesy and not as a condition limiting Issuer's obligations. Overdrawing. If a demand exceeds the amount available, but the presentation otherwise complies, Issuer undertakes to pay the amount available. Expiration. The expiration date of this Standby is Automatic Extension. The expiration date of this Standby shall be automatically extended for successive one-year periods from the then current expiration date, unless 90 or more calendar days before the then current expiration date, Issuer notifies Beneficiary in writing by certified mail or nationally recognized overnight courier at the above address that Issuer elects not to extend the expiration date. Payment. Payment against a complying presentation shall be made within three business days after presentation at the place for presentation or by wire transfer to a duly requested account of Beneficiary. ISP98. This Standby is issued subject to the International Standby Practices 1998 (ISP98) , (International Chamber of Commerce Publication No. 590), to the extent not inconsistent with the laws of the State of Texas, which laws govem this Letter of Credit, and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Issuer's Charges and Fees. Issuer's charges and fees for issuing, amending, or honoring this Standby are for Applicant's account and shall not be deducted from any payment Issuer makes under this Standby. Very Truly Yours, Authorized Signatory 50 Annex A: Payment Demand DATE NAME/ADDRESS OF ISSUER (ABOVE) Re: Standby Letter of Credit number , dated , issued by (Issuer) ("Standby"). The undersigned Beneficiary demands payment of USD under the Standby. Beneficiary states that Applicant is obligated to pay to Beneficiary the amount demanded as provided in the License Agreement between Beneficiary and Applicant, as Applicant has failed to comply with its material obligations under the License Agreement. This Standby supports Applicant's obligations to Beneficiary under that Agreement. Beneficiary requests that payment be made (at the place of presentation) or (by wire transfer to Beneficiary's following account: City of Corpus Christi, Texas By its authorized officer: (Signed and dated by the City Manager (including Interim or Acting) or any Assistant City Manager or the Director of Finance (including Interim or Acting). The signature of such official claiming such title together with title designation on the draw demand shall be conclusive on the issuer without further exemplification or other proof of identity or title.) 51 Annex B: Payment Demand after Notice of Non -extension DATE NAME/ADDRESS OF ISSUER (ABOVE) Re: Standby Letter of Credit number , dated , issued by (Issuer) ("Standby"). The undersigned Beneficiary demands payment of USD under the Standby. Beneficiary states that the Standby is set to expire fewer than 30 days from the date hereof because Issuer has given a notice of non -extension of the Standby and no satisfactory replacement standby has been timely received. The amount demanded is required to secure the obligations of Applicant as provided in the License Agreement. Beneficiary requests that payment be made (at the place of presentation) or (by wire transfer to Beneficiary's following account: City of Corpus Christi, Texas By its authorized officer: (Signed and dated by the City Manager (including Interim or Acting) or any Assistant City Manager or the Director of Finance (including Interim or Acting). The signature of such official claiming such title together with title designation on the draw demand shall be conclusive on the issuer without further exemplification or other proof of identity or title.) EXHIBIT "D"- SAMPLE PERFORMANCE BOND PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF NUECES , ("Principal") and ("Surety"), shall pay to the City of Corpus Christi, Texas ("City"), the sum of $ in accordance with the terms and conditions stated below: On or about this date, the Principal executed an Agreement in writing with the City for ("Agreement"), which is incorporated into this Bond. The conditions of this obligation are that if the Principal performs its obligations under the terms of the Agreement and this Bond in all respects, then this obligation is void and has no further force and effect; otherwise this obligation remains in effect and the sum of $ is payable to the City on demand. The Surety relieves the City and its representatives from the exercise of any diligence whatever in securing the Principal's compliance with the terms of the Agreement, and the Surety waives any notice to it of the Principal's default or delay in the performance of the Agreement. The Surety shall take notice of and is held to have knowledge of all acts or omissions of the Principal, its agents, and representatives in all matters pertaining to the Agreement. The City and its representatives may at any time, without notice to the Surety, make any changes in the terms and conditions of the Agreement, or extend it, and may add to or deduct from the Principal's obligations under the Agreement. Such changes, if made, do not in any way relieve, release, condition, or limit the obligation in this Bond and undertaking or release the Surety therefrom. SURETY AND PRINCIPAL AGREE TO AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS AGENTS, AND REPRESENTATIVES FROM ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, DAMAGES, FINES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY FAILURE ON THE PART OF THE PRINCIPAL, ITS AGENTS, AND REPRESENTATIVES, TO FULLY PERFORM UNDER THE AGREEMENT, INCLUDING ANY CHANGES OR EXTENSIONS TO IT. If the City brings any suit or other proceeding at law on the Agreement or this Bond, or both, the Principal and the Surety shall pay to the City the additional sum of 10 percent of whatever amount the City recovers, which sum of 10 percent is agreed by all parties to be indemnity to the City for the expense of and time consumed by its City Attorney, his or her assistants, and office staff, and other costs and damages to the City. The amount of 10 percent is fixed and liquidated by the parties because the exact damage to the City would be difficult to ascertain. This Bond and all obligations created under it shall be performable in Nueces County, Texas, and all are non -cancelable. This Bond must be automatically renewed annually on the anniversary of the effective date of the Bond for the term of the Agreement and any extensions, unless the Surety gives the Principal and the City 30 days written notice before the renewal date that the Surety will not renew this Bond, in which case the Principal shall provide the City with a replacement bond (in the same form as this Bond) before the renewal date. The provisions of V.T.C.A., Government Code Section 2253, as amended, control even though the Statute may not be applicable. All notices required or permitted by this Bond must be in writing and are deemed delivered on the earlier of the date actually received or the third day following: (1) deposit in a United States Postal Service post office or receptacle; (2) with proper postage (certified mail, return receipt requested); and (3) addressed to the other party at the address set out on the signature page of this Bond or at such other address as the receiving party designates by proper notice to the sending party. Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDUXA 27.715316, -97.404304 New Pole 3900 CAPRI ❑R TWRO1 01 /. _F SA90XSDTCC' 4700 WHATABURGER WA ATWR01 01 Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDTCC 27.724518, -97.378449 New Pole 4700 WHATABURGER WAY TWR01 01 LOCATION MAP Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDUWC 27.714440, -97.403255 Replacement Pole 5600 WEBER RD TWRO1 01 Mobilitie Small Cell Sites City of Corpus Christi SA 9OXSA 19A 27.835629, -97.380256 New Pole 400 HULL ST TWRO1 01 S LOCATION MAP Mobilitie Small Cell Sites City of Corpus Christi SA 9 OXS D TUB 27.705819, -97.359655 New Pore 1300 CRESCENT DR TWRO1 01 LOCATION MAP Mobilitie Small Cell Sites City of Corpus Christi SA 9 OXS D Q JA 27.839803, -97.573663 New Pale 3000 MCKINZIE RD TWR01 01 W AN_ Nov E S LOCATION MAP1 Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDUCA 27.736300, -97.419869 New Pole 2700 MCARDLE TWRO1 01 Mobilitie Small Cell Sites City of Corpus Christi SA 9OXSDSJA 27.846105, -97.586056 New Pole 11100 LEOPARD ST TWR01 01 SUBJECT j SITE LOCATION MAP SA90XS629G 3900:FREDS FOLLYDR.TWR01,01 Mobilitie Small Cell Sites City of Corpus Christi SA 90XS629G 27.652794, -97.356687 New Pole 3900 FREDS FOLLY DR TWR01 01 1 O LOCATION MAP1 SUBJECT SITE r �taiyNBFYo ao, t SA90XSDyBF, 5200 WILFCINSDNIDRTWRf11�01; Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDVBF 27.720844, -97.404852 New Pole 5200 WILKINSON DR TWRO1 01 Mobilitie Small Cell Sites SA9OXSDSTC 27.830029, -97.533984 New Pole 8600 UP RIVER RD TWRO1 01 os. 0 BAY TO HWY3, HWY,3S --- _ RAMP £B i -._a_ 8 f•i+t/YE'B 711 grr 1i4 1 ,•7'I. 1� ' lit' I 4 9 ~f f _ , 1111 , SA90XSDTMC � . 4Ila `' "‹ W 1100' FLOUR BLUFF DR TR01[01 dam• i x,17 s i l �', if/ 13 4 41*-..`:, -• • itifillm.ti 114,15 e 40 -IIIt lit 3i 141 i 1 i'`1 M1 ;:.1.1. s 11L/ 1 a- 1111 4 _ ii of t Mobilitie Small CeII Sites SA9OXSDTMC 27.673593, -97.297612 New Pole 1100 FLOUR BLUFF DR TWRO1 01 SUBJECT SITE AI7 t LOCATION MAP1 LANTANA TOIH37RAMP NB 4 le MIME 1 '1101 HORIZON DR 71101 - SKYLINE DR 1111111111111 11111111111 CLIFTON DR Mobilitie Small CeII Sites SA 9OXSDSFA 27.802628, -97.476207 New Pole 5800 SKYLINE DR TWR01 01 h S CCM LOCATION MAP1 Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDRID 27.720661, -97.371213 New Poke 900 MUSTANG TRAIL TWR01 01 LOCATION MAP Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDQXB 27.718091, -97.395105 New Pole 5100 OAKHURST DR TWR01 01 Mobilitie Small CeII Sites City of Corpus Christi SA9OXSDTYB 27.774462, -97.399103 New Pole 1600 SIXTH ST TWR01 01 s j LOCATION MAF' SA9OXSDSMC 5400 GOLLIHAR RD TWRO1 01 Mobilitie Small Cell Sites SA9OXSDSMC 27.718671, -97.367026 New Pole 5400 '3OLLIHAR RD TWRO1 01 cs, 411 STZGT 40 411%4 . LOCATION #2411111 Mobilitie Small Cell Sites City of Corpus Christi SA 9OXSDSRA 27.722359, -97.401800 New Pole 5000 DEEPWOOD Cf R TWR01 01 S EJECT SITE LOCATION MAP SA90XSDRGD, .. 2400 V� IOLA'AVEW TRO1 01' Jr? .i,. 13r74 Jr% -44944} Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDRGD 27.743879, -97.421130 New Pole 2400 VIOLA AVE TWRO1 01 SUBJECT SITE y LOCATION MAP Mobilitie Small Cell Sites City of Corpus Christi sA 9 OXS D VA C 27.718008, -97.401017 Replacement Pole 5300 WEBER RD TWR01 01 LOCATION MAP 1 1 1 1 Ern MI= 1111111111 MORRIS ST L.3111 r ,.200 2100 ` COLEMAN AVE 2300�SA9OXSDQVA` RUTHTST TWR.01 01 hisi sI rs Cargal 11111111111111 111111111111111 KINSOLVING CT E8 BALDWIN CT EB 111111111 COLEMAN AVE al 1 r HANCOCK AVE Mobilitie Small CeII Sites SA9OXSDQVA 27.782888. -97.414815 New Pole 2300 RUTH ST TWR01 01 SUBJECT SITE Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDTZC 27.773499, -97.395561 New Pole 300 COLE ST TWRO1 01 SUBJECT SITE W 01.& E LOCATION MAP Mobilitie Small CeII Sites City of Corpus Christi SA9OXSDQUB 27.780771, -97.416525 New Pole 2500 BUFORD AVE TWRO1 01 SUBJECT SITE S LOCATION MAP • SA9OXSDQY13? :w 4000. BRETT ST TWRO1 01 M+obilitie Small Cell Sites City of Corpus Christi SA 9 OXS D Q YB 27.720654, -97.398718 New Pole 4000 BRETT ST TWRO1 01 LOCATION MAP Mobilitie Small CeII Sites City of Corpus Christi SA 9 OXS D R L B 27.798978, -97.470478 New Pore 5700 HALL AVE TWRO1 01 AG ES E a s p LOCATION MAP1 7 CCA SA90XS170F 4800 CASTENON ST TWRO1 01 • Mobilitie Small CeII Sites ilk City of Corpus Christi SA 90XS 170F 27.745127, -97.435146 New Pole 4800 CASTENON ST TWRO1 01 Mobilitie Small Cell Sites City of Corpus Christi SA9OXSDVSC 27.671976, -97.389881 Replacement Pole 5700 LIPES BLVD TWRO1 01 Mobilitie Small CeII Sites SA 9OXS 171 B 27.742201, -97.432774 New Pole 4900 PRESCOTT ST TWR01 01 Mobilitie, LLC Pilot License Agreement City Council Presentation July 18, 2017 Design Requirements Utility Pole 45 ft 40 ft Omnidirectional Antenna Remote Radia UE Relay RF Antenna UE Relay Radio 2 Proposed Equipment 4 Addtl. Proposed Equipment Examples in Houston TX Permit Requirements Building Permit: • Building Permit Application • Commercial Drawings (includes site plan identifying as -built utilities) • Structural Analysis Report • Windstorm Requirement Other Permits: • ROW/ Traffic Control • Electrical 28 Proposed Locations 421. AGNES ST BEAR LN MAP 2 (Inset) IN 22 MAP 3 FM 2144 • Qo MAP 4 7 Senate Bill 1004 Texas Legislative Session #SB 1004 will limit cities from assessing and collecting fees for use of public right-of-way for wireless facilities. Effective September 1, 2017, the maximum fee will be $250 per small cell annually plus a $38 monthly fee for backhaul devices per SB 1004. This pilot license agreement provides for $1,500 license assessment for each small cell listed in the pilot license agreement. Recommendation Staff recommends approval of the ordinance to execute a pilot license agreement with Mobilitie, LLC for wireless facilities and poles in the right-of-way. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 18, 2017 Second Reading Ordinance for the City Council Meeting of July 25, 2017 DATE: July 18, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of a Kubota Front Loader Tractor for Solid Waste Operations CAPTION: Ordinance appropriating $81,363.92 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of a Kubota front loader tractor; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $81,363.92; authorizing the City Manager or designee to execute all necessary documents to purchase a Kubota front loader tractor for $81,363.92 from Kubota Tractor Corporation, of Grapevine, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for a total amount not to exceed $81,363.92, for use by Solid Waste Operations. PURPOSE: This item is to approve the purchase of a Kubota front loader tractor to be used by staff of Solid Waste Operations. BACKGROUND AND FINDINGS: The Kubota front loader tractor being recommended is a farm type tractor to be used at the Elliott Landfill to assist in mowing operations at that location. The front loader tractor will be used to pull a bat wing mower. This equipment will assist landfill personnel to remain in compliance with TCEQ regulations in regards to keeping the grounds mowed. The replacement unit is a nine-year old tractor, and its original cost was $22,500.00. Life - to -date maintenance costs are totaled to be $75,000.00. It is no longer economical to repair this tractor. ALTERNATIVES: No alternatives 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: Solid Waste Operations and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,650,556.09 $0.00 $3,650,556.09 Encumbered / Expended Amount $2,843,048.13 $2,843,048.13 This item $81,363.92 $0.00 $81,363.92 BALANCE $726,144.04 $0.00 $726,144.04 Fund(s): Fleet Maintenance Services Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance appropriating $81,363.92 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of a Kubota front loader tractor; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $81,363.92; authorizing the City Manager or designee to execute all necessary documents to purchase a Kubota front loader tractor for $81,363.92 from Kubota Tractor Corporation, of Grapevine, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for a total amount not to exceed $81,363.92, for use by Solid Waste Operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $81,363.92 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of a Kubota front loader tractor. The FY2016- 17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $81,363.92. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase a Kubota front loader tractor for $81,363.92 from Kubota Tractor Corporation, of Grapevine, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for a total amount not to exceed $81,363.92, for use by Solid Waste Operations. 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: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET KUBOTA FRONT LOADER TRACTOR TLGPC BUYBOARD 529-17 Kubota Tractor Corporation Grapevine, Texas UNIT PRICE EXTENDED PRICE 1. Kubota Front Loader 4WD Tractor 1 EA $81,363.92 $81,363.92 Total: $81,363.92 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of (July 18, 2017) Second Reading Ordinance for the City Council Meeting of (July 25, 2017) DATE: July 13, 2017 TO: Margie C. Rose, City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherV@cctexas.com 361.826.3093 Amending membership and meeting requirements of the Corpus Christi Museum of Science and History Advisory Board CAPTION: Ordinance Amending Chapter 2 of the Corpus Christi Code of Ordinances to change the membership of the Corpus Christi Museum of Science and History Advisory Board and change the Board's meeting requirements from quarterly to bimonthly; providing an effective date, for severance, and for publication. PURPOSE: The purpose of this item is to enhance the business conducted by the Corpus Christi Museum of Science and History ("Museum") Advisory Board through more frequent meetings and increasing the number of voting members to facilitate reaching quorum. The expanded membership will also allow the inclusion of other fields of expertise. BACKGROUND AND FINDINGS: The Advisory Board serves as an advisory to the Museum and to the City Council in matters of support and development of the Museum. The Advisory Board may adopt comprehensive policies relating to management of collections, acquisitions for the collections, disposition and deacquisition of objects in and for the collection, and use of Museum facilities. City Council remains the governing authority for the Museum. The Advisory Board is comprised of six (6) voting members and two (2) non-voting members appointed by the Mayor, with consent of Council. The Advisory Board currently meets on a quarterly basis. During a July 13, 2017 Special Meeting, the Advisory Board approved amendments to the Ordinance that will change the number of voting members to nine (9), eliminate the non-voting members and change the meeting frequency to bi- monthly. ALTERNATIVES: It is possible to continue with the current number of appointees and the current frequency of meetings. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON -EMERGENCY: This is a routine, non -controversial item. DEPARTMENTAL CLEARANCES: The Museum Advisory Board reviewed and approved this proposal on July 13, 2017. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends adoption of this ordinance. LIST OF SUPPORTING DOCUMENTS: Advisory Board Makeup Ordinance - REDLINED Ordinance Amending Chapter 2 of the Corpus Christi Code of Ordinances to change the membership of the Corpus Christi Museum of Science and History Advisory Board and change the Board's meeting requirements from quarterly to bimonthly; providing an effective date, for severance, and for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2-90 Created; membership; terms; filling vacancies of the Corpus Christi Code of Ordinances is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below: Sec. 2-90. - Created; membership; terms; filling vacancies. There is hereby created the Corpus Christi Museum of Science and History Advisory Board which shall consist of c;� 9 members. The board members shall be appointed by the mayor with the advice and consent of the city council. Their terms shall run for a full thrcc (3) years. Upon the occurrence of any vacancy, it shall be filled for the unexpired term. The board members shall be selected as follows: TWA -(2) members shall be nominated by the Friends of the Museum; and four ('l) 7 members shall be nominated by the mayor who shall seek -at I t one (1) mcmbcr from each of thc following ficlds: K 12 education, highcr cducation and thc busincss community 1 member from higher education, 2 members from the field of K-12 education, 2 members from business community and 2 members from community advocates. Of these 9 members, at least 1 member should have a background. in science, technology, engineering, or math and 1 member should have a background in history. Ex officio members shall include the city manager and the superintendent of the Corpus Christi Independent School District or their designated representative. The mayor shall havc thc authority to appoint such individuals as thc mayor dccms scrvc thc bcst intcrcst of thc muscum as advisory mcmbcrs who shall scrvc without pay and without votc. The tcrm of cach advisory mcmbcr shall be thrcc (3) ycars. SECTION 2. Section 2-92 -Meetings; function of the Corpus Christi Code of Ordinances is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below: Sec. 2-92. - Meetings; function. The board shall hold regular meetings at I ast oncc cach month quartcrly bimonthly and such special meetings as may be called by the chairman with notice to all members. The advisory board shall serve as an advisor to the museum department and to the city council in matters of support and development of the museum. The board may adopt comprehensive policies relating to the: (1) Management of collections; (2) Acquisitions for the collections; (3) Disposition and the de acquisition of objects in and for the collection; (4) Use of museum facilities. When adopted by the advisory board and approved by the city manager, the director of the museum shall implement such policies. SECTION 3. The effective date of this ordinance is upon passage. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi Museum of Science and History Advisory Board all members are Mayoral appointees Members Nominated by Current Ordinance Proposed Ordinance Friends Group 2 2 Mayor 4 7 Mayor (advisory only) 2 0 TOTAL MEMBERS TOTAL REQUIRED FOR QUORUM 8 4 9 5 Voting Member Representation Category Current Ordinance Proposed Ordinance Friends Nominees 2 2 K-12 Education 1 2 Higher Education 1 1 Business Community 1 2 Any of the above 1 n/a Community Advocates n/a 2 TOTAL VOTING MEMBERS 6 9* Advisory Non -Voting 2 0 TOTAL MEMBERS 8 9* *At least 1 Member should have a background in STEM, and at least 1 Member should have a background in History. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: July 6, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Approval of Grant Application from the U.S. Department of Homeland Security Grant Program in the Amount of $58,082 to Purchase a Fire Safety Trailer. CAPTION: Resolution ratifying the submission of a grant application in the amount of $58,082 with a hard match of $2,765 to the US Department of Homeland Security, Federal Emergency Management Agency to purchase a fire safety trailer; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. PURPOSE: The Fire Department has applied for a grant in the amount of $58,082.00 which includes a hard match of $2,765.00. The funds will be used to purchase a Fire Safety Trailer. Fire Prevention staff and the trailer will visit Corpus Christi school districts, organizations, church groups, senior facilities and community fairs. The project will target high-risk groups such as elementary children and adults over 65. According to the National Fire Protection Agency, at age 65 and over, people are twice as likely to be killed or injured by fires compared to the population at large and young fire setters cause hundreds of deaths and injuries each year. The project will educate children and the elderly how to prevent fires and what to do should one occur. The trailer will also alleviate children's curiosity of fire by demonstrating the consequences of playing with fire. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all City Policies. EMERGENCY / NON -EMERGENCY: Page 1 Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $58,082.00 $58,082.00 BALANCE $58,082.00 $58,082.00 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of this resolution to submit an application in the amount of $58,082.00 to purchase a Safety Trailer. LIST OF SUPPORTING DOCUMENTS: 1) Resolution Page 2 Resolution Ratifying the submission of a grant application in the amount of $58,082 with a hard match of $2,765 to the US Department of Homeland Security, Federal Emergency Management Agency to purchase a fire safety trailer; and authorizing the city manager, or designee, to apply for, accept, reject, alter or terminate the grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies submission of a grant application in the amount of $58,082 with a hard match of $2,765 to the US Department of Homeland Security, Federal Emergency Management Agency to purchase a fire safety trailer. SECTION 2. The City Manager, or 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 funds, the City of Corpus Christi assures that the funds will be returned, in full, to the US Department of Homeland Security, Federal Emergency Management Agency. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: June 23, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 THRU: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Executive Director of Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Gollihar Outfall Repairs (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $349,187 for the Gollihar Outfall Repairs for the Total Base Bid. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: CIP Description: Gollihar Outfall Repairs An assessment performed on the Gollihar Outfall in 2014 indicated repairs were needed to approximately 84 linear feet of concrete box culvert including seawall repairs and concrete pavement repair. Improvements to these areas will improve public safety and rehabilitate an aging storm water outfall that conveys runoff to drain into Corpus Christi Bay. Project Scope: The Gollihar culvert outfall is located on "The Arts Apartments of Ocean Drive", located at 4224 Ocean Drive. The existing culvert is in poor/critical condition at the outfall, and a sinkhole has developed above the damaged section. This area has been temporarily barricaded until the repairs can be made. This construction project includes the following repairs: • Remove and replace two sections of the concrete box culvert • Repair damaged box culvert walls and joints for an additional twelve sections • Repair damaged outfall (riprap and concrete cap wall) • Repair the sinkhole (backfill and new pavement) In September 2015, the City awarded a contract to Govind Development for design, bid and construction phase services. In December 2016, the City awarded contract Amendment No. 1 to Govind Development to prepare and submit a permit application and package to the United States Army Corps of Engineers (USACE) and the Texas General Land Office (GLO). After reviewing the package, neither agency required specific permits for the proposed repairs. However, the GLO has requested specific information be provided to them as the construction progresses. The apartment complex owner is aware of the required repairs and supports the construction completion as quickly as possible. The area of the parking lot that is barricaded will serve as the construction work area, with limited additional space required for the contractor to work and access the site. Minimal parking will be affected during construction and the affected area is overflow parking, not assigned resident parking. Repairing the box culvert and removing the barricades will return approximately six parking spaces back to the apartment complex and prevent further deterioration. The selected Contractor will notify the apartment management company of construction dates and the management company will notify residents. On June 14, 2017, the City received proposals from two (2) bidders and the respective bids were as follows: CONTRACTOR BASE BID Bridges Specialties Robstown, Texas 349,187.00 DMB Construction Corpus Christi, Texas 835,739.09 Engineer's Opinion of Probable Construction Cost (Base Bid) 326,000.00 The City analyzed the two proposals and recommends the project be awarded to Bridges Specialties, Inc. Based on a review of Bridges Specialties experience and resources, Bridges Specialties is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 79,700 1,320,300 1,400,000 Encumbered / Expended Amount 79,700 79,700 This Item 349,187 349,187 Future Anticipated Expenditures This Project 40,518 40,518 BALANCE 0 930,595 * 930,595 Fund(s): Storm Water CIP #9 *Balance may be used for other City Council Approved Storm Water projects. Comments: This project requires approximately 60 days for construction with anticipated completion in October 2017. The construction contract will result in the expenditure of an amount not to exceed $349,187. RECOMMENDATION: City Staff recommends approval of a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $349,187 for the Gollihar Outfall Repairs for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Gollihar Outfall Repairs FUNDS AVAILABLE: Storm Water CIP $1,400,000 FUNDS REQUIRED: Construction Construction (Bridges Specialties) THIS CONTRACT 349,187 Contingency (10%) 34,919 Construction Materials Testing and Inspection' Construction Materials Testing (estimate) 12,000 Inspection Services (estimate) 11,523 384,106 23,523 Design' 35,650 Original (Govind Development) 29,950 Amendment No. 1 (Govind Development) 5,700 Reimbursements' 26,126 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 9,603 Engineering Services (Project Mgmt/Constr Mgmt) 11,523 Misc 5,000 TOTAL $469,405 *ESTIMATED PROJECT BUDGET BALANCE $930,595 *Balance may be used for other City Council approved Storm Water projects w Tera5 Suit' Ac Uclri urri Corpus firi l PROJECT LOCATION Go/4h ii)oe Oc 4 4 0/2 soap ss LOCATION MAP NOT TO SCALE Project Number: E14039 Gollihar Outfall Repairs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Gollihar Outfall Repairs Corpus Chr st1 Engineering Council Presentation July 18, 2017 Project Location Corpus Chr sti Engineering Corpus Christi o co co io V Gollihar Outfall Repairs tr o Sp/t) �� 2 Project Vicinity Carpus Chr sti Engineering Gollihar Outfall Repairs Project Scope Carpus Chr sti Engineering This construction project includes the following repairs: • Remove and replace two sections of the concrete box culvert • Repair damaged box culvert walls and joints for an additional twelve sections • Repair damaged outfall (riprap and concrete cap wall) • Repair the sinkhole (backfill and new pavement) Project Schedule Corpus Chr sti Engineering 2017 MAY JUN JUL AUG Bid & Award SEP OCT Construction t Project Construction Estimate: 2 Months Schedule reflects City Council construction award in July 2017 with completion planned by October 2018 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. I OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-227957 Date Filed: 06/23/2017 Date Acknowledged: 1. Name of business entity filing form, and the city, state and country of the business entity's place of business. City of Corpus Christi 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 10 track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14039 Gollihar Culvert Outfall Repairs 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X l swear, or 6 AFFIDAVIT P24 -, i affirm, under penalty of perjury. that the above disclosure is true and correct. L 4 A Sworn 20 Apnr MANDY KELLEY My Commission Expires 1���/ October 20, 2018 'h4 it 10-). / C Signature of authorized agent of contracting business entity day of + r tc@ , this the (9� CJ Q to and subscribed before me, by the said /') , to certify which, witness my hand and Arian 6 seal of office. �j 6rtan rt es Preskle4+/ , ew :—.1/4_-11-CIL Signature of officer administering oath Printed name of officer adrfrifiisterin oath Title of officer administeringoath fl Forms provided by Texas Ethics Commission www .ethics.sfate.tx_uIS Versinn V1.0 MR DEVELOPMENT, LLC ENGINEERING DIVISION June 22, 2017 City of Corpus Christi Engineering Services P.O. BOX 9277 Corpus Christi, TX 78469-9277 Attn: Jeff Edmonds, P.E., Director of Engineering Services Re: GOLLIHAR OUTFALL CULVERT REPAIR City of Corpus Christi Project No E14039 Letter of Recommendation — Award of Contract Dear Mr. Edmonds, We have reviewed the two (2) bids received on June 14, 2017 for Gollihar Outfall Culvert Repair, City of Corpus Christi Project No- E14039. The project consists: Providing temporary sheet pile cofferdam, temporary rerouting for storm water, temporary traffic control and temporary chain-link fence during mobilization, construction, and demobilization. Two box culvert will be removed and replaced and restoration of the riprap at the outfall. Provide repair of spalls, cracks, and damaged seals for the 12 reinforced concrete box culverts. Repair damaged concrete cap wall, backfilling of the existing sink hole and installation of new paving. The bidders were Bridge Specialties, Inc. and DMB Construction. The two (2) bids have been evaluated and a Bid Tabulation has been prepared (see attached). The low bidder is Bridge Specialties, Inc. with a Total Bid of $349,187.00. We are in receipt of Bridge's Statement of Experience (SOE) and Bridge has successfully completed nine (9) construction projects for the City of Corpus Christi over the past ten (10) years, two (2) last year. Two of the most recent completed city projects had construction costs of $300,000.00 and $1,291,871.73. Based upon our evaluation of the bids and SOEs, Govind Development, LLC recommends award of the project to Bridge Specialties, Inc. for the following bid amount: TOTAL BASE BID $349,187.00 If you have any questions, or require any additional information, please contact our office. Resp tfully, t. 6 Prabin KC, P.E. Civil/Structural Engineer Govind Development, LLC Encl. — Bid Tabulation, Statement of Experience 9510 Leopard St • Corpus Christi, TX 78410 • Ph 361 241-2777 • Fax 361 356-4384 • www.govinddevelopment.com AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: July 18, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Approval for Amendment No. 2 to the Service Agreement for Preventative Maintenance of Breakpoint Chlorination System CAPTION: Motion authorizing the City Manager, or designee, to approve Amendment No.2 to the Preventative Maintenance of the Breakpoint Chlorination System Service Agreement with Grace Water Services, LLC, for a total amount not to exceed $436,876.00 with an estimated expenditure of $218,438.00 in FY2016-2017 funded by the Wastewater Fund. PURPOSE: The amendment is to exercise the additional two-year periods of the agreement for continuation of preventative maintenance to cover necessary upgrades. BACKGROUND AND FINDINGS: LNV, Inc. was contracted by the City in 2010 to develop and design an interim process at the Oso Wastewater Treatment Plant, referred to as breakpoint chlorination (BPC), which could be implemented over the short-term to reduce ammonia discharges, and ultimately meet more stringent permit limits. BPC is the process of feeding high dosages of sodium hypochlorite to oxidize/remove the excess ammonia in the effluent prior to discharge. The intent of the project was to limit capital investment while also developing a master plan for implementation of a long- term biological nutrient removal (BNR) process to meet future anticipated discharge requirements. Grace Water Services, LLC, of Katy, Texas is the vendor that currently provides this service to the City. This contract renewal is amended to include the installation of a backup monitoring system and upgrades of equipment needed for the monitoring and functioning of the chemical feed system. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities -Wastewater FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $506,693.38 $218,438.00 $725,131.38 Encumbered / Expended Amount $172,501.54 $0.00 $172,501.54 This item $218,438.00 $218,438.00 $436,876.00 BALANCE $115,753.84 $0.00 $115,753.84 Fund(s): Wastewater Fund Comments: The amendment contract amount is $436,876.00, of which $218,438.00 is funded in FY2016-17. The total estimated contract value will be $889,287.00 if all options in future years are executed. RECOMMENDATION: Staff recommends the approval of the proposed amendment. LIST OF SUPPORTING DOCUMENTS: Amendment No.2- Preventative Maintenance of the Breakpoint Chlorination System Amendment City of Corpus Christi Purchasing Division Date: June 6, 2017 Service Agreement: Preventative Maintenance of the Breakpoint Chlorination System Amendment No.: 2 Service Agreement Current Value: $242,810.00 The City and Grace Water Services, LLC, are parties to the above-described Service Agreement, which, together with this Amendment No. 2 and all previously executed amendments, if any (collectively, the "Service Agreement"), constitutes the entire agreement and understanding between the parties. By execution of this Amendment No. 2, the parties desire to modify the Service Agreement as follows: The parties agree to exercise the option to extend the Service Agreement, which provides for preventative maintenance of the breakpoint chlorination system ("System"), for another 24 -month period beginning August 13, 2017, and ending at midnight on August 12, 2019. Due to Contractor's increased costs, preventative maintenance for the 2017-2019 extension period is $209,601.00 in accordance with Quote #0159220S0 ("Exhibit A"), which Exhibit A is attached to and made a part of this Amendment No. 2. Additionally, Contractor has provided pricing for upgrades to several components of the System which must be completed for public health and safety reasons, such upgrades being detailed an page 2 of Exhibit A in the amount of $227,275. Contractor shall proceed with the upgrade work upon receipt of a notice to proceed issued by the Contract Administrator and shall diligently pursue completion of the work in accordance with the completion dates or timeline stated in Exhibit A. Service Agreement Amended Value: $679,686 CON;7. de,;///11 Le12011.1 Mario Zanelli Date Contractor Attachments: Exhibit A — Quote #0159220S0 CITY OF CORPUS CHRISTI Maria Pedraza Date Procurement Manager Exhibit A -Quote #0159220S0 Grace Water Services, LLC 19406 Little Pine Lane Katy, Texas 77449 251 851-5544 mzanelli@gracewaterservices.net DATE: May, 14 2017 Project: OSO Water reclamation NH3 reduction Chemical feed, and controller 2 Year extension and additional equipment upgrades. Engineer: LNV (original design) PRICING: Indicated per bid item. QUOTE # 0159220S0 Quote valid for 90 days 1 Original Quote # 0159220S0 1* (5769) 24 Site inspection including field adjustments $30,240.00 GWS 2* (5769) Peristaltic Parts and Consumables replacement $36,000.00 Includes: 32 replacement hoses 4 rollers Lot connections fittings Lot adjustments and calibrations 3* (5769) Analyzer Probes replacement $87,850.00 4* (5769) GE Fanuc logic Calibration, testing and revisions. $55,511.00 Includes: 8 Total chlorine probes 0-20 mg/I 8 Free chlorine probes 0-20 mg/I 4 PH probes 0-14 4 ORP probes 0-1000 Page 1 of 2 Total Cost $ 209,601.00 Project: OSO Water reclamation NH3 removal 2 -year Preventive Maintenance ExtensionAdditional Upgrades to keep system up to date and working properly. Due to electrical failures the following needs to be addressed. Performance will commence on the issusing of a Notice to Proceed, ordering and prepration work estimated time of 4-6 weeks for compleation. 1- GE PPS system upgrade Includes: Software Upgrade latest version RTU hardware upgrade to improve remote communication (currently communications is below 60%) Added battery backup request for the main HMI Graphic development changes (currently not responding 100%) UPS system upgrade (currently units are not performing 100%) Main pc mirror unit with license and new display Cost to perform upgrade $68,550.00 2- East side ultrasonic level equipment for a total of 4 6500 gallons' bulk tanks (Units are not responding) Cost to perform upgrade $18,975.00 3- Sodium Bisulfite Chemical feed system Upgrade. Includes: 3 Peristaltic feed pumps with analog I/O Lot piping and new connection fittings Cost to perform upgrade $33,850.00 4- Junction Box analyzer panel upgrade Includes: HA6ACT analyzer with 2 0-10mg/I probes, 1 0-10mg/I probe, and one PH with temperature probe 0-14 range Cost to perform upgrade $24,650.00 5_ West side Pumps # 5, and 6. There are a total of 6 Pumps for each site. Only replace a total of 4 pumps due to servere corrosion, two remaing pumps are still required. Includes: Peristaltic feed Pumps with analog 1/0+ new connection, and flex connectors Cost to perform upgrade $36,850.00 6- West and East Bleach system replacement (existing ball valves where installed in 2012) Includes; Replacing all/ 1" ball valves, 2" ball valves, and 3" bulk tank supply ball valves. Cost to perform upgrade $44,400.00 Total for the 2 year and additional equipment upgrades $436,876.00 Thank you for the opportunity to present this proposal. If we can be of any further service, please do not hesitate to call on us. Sincerely, Mario Zanelli Grace Water Services, LLC Page 2 of 2 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 i1 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: 2017-226298 Date Filed: 06/20/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Grace Water Services, LLC Katy, 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. Q#0159220S0 Preventive Maintenance of the Breakpoint Chlorination System 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 pert • at the above disclosure is true and correct. m�. "4, HaDY MERCEDES LOPEZ 11. votary Public, Cate a1 ten is e r My Commission Expires 03.152(119 i 1601 Notary ID N 12409605-8 -.," Signature of authorized agent of contracting AFFIX NOTARY STAMP / SEAL ABOVE Swor to and subscribed before me, by the said V " sC4 2. 6-k-1 l , thi Uta 20 k , to certify which, wit -s- my hand and seal of office, ti Signal of 01f ii • a- ee oa 1 Printed nam f officer administeringoath Title of officer a n tering oath 9 � Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: June 20, 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: Daniel McGinn, Assistant Director of Environmental Strategic Initiatives/Planning danmc@cctexas.com (361) 826-7011 Alyssa M. Barrera, Business Liaison alyssab@cctexas.com (361) 826-3356 Contract for Professional Services TIRZ (Tax Increment Reinvestment Zone) #3 Integrated Traffic and Planning Study Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Gateway Planning Group, Inc. of Dallas, Texas in the amount of $175,500 for a restated fee of $225,000 for the TIRZ #3 Integrated Traffic and Planning Study project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to a contract for professional services for the TIRZ #3 Integrated Traffic and Planning Study project. BACKGROUND AND FINDINGS: The Downtown Corpus Christi streets were converted from two-way to one-way streets when the City's freeway system was constructed in the mid -20th century. Following this large-scale conversion, traffic patterns remained the same until the Chaparral Street and Shoreline Realignment Projects were undertaken through the Bond 2008 program. One unanticipated result of these Bond 2008 projects was altered traffic patterns that created access challenges for some of the businesses located in the downtown area (Marina Arts District), particularly in the William Street and Lawrence Street area. The TIRZ #3 Project and Financing Plan includes a Traffic Pattern Analysis as one of the strategic planning initiatives. This initiative was identified as a need through stakeholder feedback following the Bond 2008 projects, as well as through the draft Downtown Area Development Plan. Additionally, the Harbor Bridge replacement project has created an urgent need to create connectivity to the new freeway. Based on the synergy between these items, Staff saw value in combining TIRZ #3 funds and planning funds to conduct a comprehensive assessment of Traffic Patterns, integrated with market information, to avoid disjointed decisions that may undermine future development, like the type that created the immediate challenges on William Street and Lawrence Street. Gateway Planning was selected as the consultant through an RFQ (Request for Qualifications) that was issued December 2016. Gateway has experience in redevelopments impacted by large infrastructure modifications, as well as general revitalization initiatives. Gateway is currently undertaking a similar analysis on North Beach to evaluate the impacts of the Harbor Bridge connectivity. Almost two years has passed since the traffic pattern analysis need was identified. Once Gateway Planning was selected through the RFQ process, the contract scope was separated into two parts to expedite the work. • Part 1: City staff proceeded with a small contract (Part 1) to get recommendations on immediate improvements that could be made to the William Street and Lawrence Street area to improve traffic flow. This report was completed and submitted on June 1, 2017, and City staff is reviewing costs to complete the recommended changes. • Part 2: This contract amendment is for Part 2, which is a more detailed analysis with a broader location scope for the traffic analysis. This analysis will include a detailed district development plan that reflects the infrastructure implications and development opportunities associated with the relocation of the Harbor Bridge, and will provide proposed project scenarios that integrate together and maximize value. It is scheduled to be completed by December 2017. This proposed integrated project scope will guide the City's public investment and incentives for the next decade, and recommendations resulting from the study will be programmed as future CIP (Capital Improvement Project) or Bond projects. ALTERNATIVES: 1. Authorize execution of amendment no. 1. (Recommended) 2. Do not authorize execution of amendment no. 1. (Not Recommended) OTHER CONSIDERATIONS: Gateway Planning Group, Inc. is the design engineer that was selected for this project under RFQ 2016-06. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 CIP Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Planning Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $230,625 $230,625 Encumbered / Expended Amount 49,500 49,500 This item 175,500 175,500 Future Anticipated Expenditures This Project 5,625 5,625 BALANCE $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends to execute Amendment No. 1 to a professional services contract with Gateway Planning Group, Inc. in the amount of $175,500 for the TIRZ #3 Integrated Traffic and Planning Study project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 Addendum to Amendment No. 1 Form 1295 PROJECT BUDGET ESTIMATE TIRZ #3 Integrated Traffic and Planning Study E17023 PROJECT FUNDS AVAILABLE: TIF #3 153,375 General Fund 77,250 TOTAL FUNDS AVAILABLE 230,625 FUNDS REQUIRED: Construction Fees: Construction (TBD) N/A Contingency (10%) N/A Construction Inspection and Testing Fees. N/A Construction Inspection Construction Phase - Materials Testing Services (estimate) Design Fees: Design Engineer (Gateway Planning) THIS ITEM 175,500 Design Engineer (Gateway Planning) Original 49,500 225,000 Reimbursement Fees and Miscellaneous' 5,625 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)(1 %) 2,250 Engineering Services (Project Mgt/Constr Mgt)(1.5%) 3,375 Misc. (Printing, Advertising, etc.) TOTAL 230,625 ESTIMATED PROJECT BUDGET BALANCE J SHIP C 1 PROJECT LOCATION z 0 0 z SCALE: N.T.S. CORPUS CHRISTI BAY 9 0 TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LAGUNA MADRE TIRZ #3 Integrated Traffic and Planning Study CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS 0 TIRZ #3 Integrated Traffic and Planning Study Corpus Chr sti Engineering Council Presentation July 18, 2017 Project Location �hrsti Engineering cO •R n,._ SHIP ISTI �� �1 risreilk TIRZ #3 INTEGRATED TRAFFIC AND PLANNING STUDY SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS AAXA CORPUS CHRISTI BANISS -ELO OSO BAY NAVALOAR NSrA O 2 Project Vicinity �hrsti Engineering TIRZ #3 Integrated Traffic and Planning Study LEGEND I TIRZ Boundary SEA District — Uptown Marina Arts District (DMD) =Bayshore Park Project Scope �hrsti Engineering This Study Addresses Two Significant Issues: • Chaparral Street and Shoreline Realignment projects (Bond 2008), altered traffic patterns and created access challenges for some businesses • The Harbor Bridge replacement project resulted in a need to create connectivity to the new freeway Project Scope �hrsti Engineering This integrated Traffic and Planning Study will provide the following information: o Recommendations on immediate improvements that could be made to improve traffic flow o Recommendations for circulation patterns in the Marina Arts Districts and SEA District once the Harbor Bridge is relocated o Recommended changes to the existing mobility network, including a prioritized list of structural and operational critical improvements to existing roadway network. o Scenarios that maximize value o Implementation Program for CIP or Bond Projects A New Downtown Context • Highway and infrastructure reinvention happening all over the country, including the Dallas CityMAP Initiative: • Aging highway corridors through urban downtowns facing significant adjacent infrastructure projects • Used planning to look at the urban design and economic impacts of transportation in Downtown • Surrounding neighborhood context also had direct impact and implications on project drivers moving forward r Major iransiAnnon Investment StuOyArea - otynnA, corr.tlor - I -35f Lowest AemrAns - 1-30 Canyon and LAC Corrldor .5E Southern GatewW Dallas CityMAP • CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Gateway Planning Group, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for TIRZ #3 Integrated Traffic and Planning Study (Project No. E17023): Original Contract May 15, 2017 Administrative Approval $49,500 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No. 1, Exhibit "A". In the Original Contract, Section III. Fees shall be amended as set forth in the attached Amendment No. 1, Exhibit "A" for a fee not to exceed $175,500, for a total restated fee not to exceed $225,000. All other terms and conditions of the May 15, 2017 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI GATEWAY PLANNING GROUP, INC. 06/26/2017 Jeff H. Edmonds, P.E. Date Scott Polikov, FAICP Director of Engineering Services President 3100 McKinnon Street, 7th Floor Dallas, TX 75201 214-529-7430 Office scott@gatewayplanning.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta City Secretary Date Date Fund Name Accounting Unit Account No. Activity No. Account Category Amount TIF #3 1112-10275-707 530000 E17023011112EXP 30000 $150,000 General Fund 1020-11455-071 530000 E17023011020EXP 30000 $25,500 Total $175,500 K:IENGINEERING DATAEXCHANGEWNGCEM1TIRZ1E17023 TIREZ 3 INTEGRATED TRAFFIC AND PLANNING STUDYVIMENDMENT 1 GATEWAYI2015 1001 AMENDMENT TO CONTRACT PROFESSIONAL SERVICES.DOC REV. 1011/15 April 24, 2017 Jerry Shoemaker, P.E. Sr. Program Manager Capital Programs CIO Sarah West, P.E., CFM City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: TIRZ #3 Integrated Traffic and Planning Study (Project # E17023) Revised Contract Amendment No. 1 Dear Mr. Shoemaker: Please accept this letter as our proposal for final contract to perform the an additional phase of professional services work for the TIRZ #3 Integrated Traffic and Planning Study based on the first phase of preliminary work completed under a separate contract. ADDITIONAL PROJECT SCOPE Gateway Planning Group, Inc. shall undertake the tasks and provide the deliverables as follows: In Part 2 of the Project, our Team will set up a more detailed block and building -scale plan based on the identification and assessment of the impacts to the TIRZ #3 area in Part 1. This analysis will include a detailed district development plan that reflects the infrastructure implications and development opportunities associated with the relocation of the Harbor Bridge and within the TIRZ #3 area. As requested, we have included additional scope of work services and deliverables detailed below. Task A: Evaluate the impacts of potential street projects, including the Harbor Bridge realignment, on the vehicular and pedestrian accessibility, and recommend the optimal traffic circulation patterns in the TIRZ #3 area, based on the analysis undertaken during Part 1 of this project and a review of the existing data and plans. 1. Evaluation of Street Projects: These projects should be used for the baseline of the analysis for the Traffic and Connectivity Study: • Shoreline Blvd interventions to facilitate and enhance pedestrian access to the Sea Wall and associated amenities; • Agnes Street and Laredo Street corridor between SH 286 and Cooper's Alley as key gateway connection to Downtown from SH 286 (Crosstown Expressway); • Impact mitigation for the removal of the Lipan Street bridge at SH 286 for traffic patterns and volumes on both Lipan Street and Comanche Street from the Westside SH 286 Access Road to Staples St.; • Optimization of Tancahua Street as a connection into the SEA District after the removal of the current conflict point on N. Tancahua Street and the exit from the existing Harbor Bridge; • Modification of the Upper Broadway and Antelope Street from Buffalo to the current 1-37 to establish at -grade connection to what will be the relic 1-37 corridor once access ramps are eliminated; • Potential modification of Doss Street and Mestina Street from Leopard Street to SH 286 Access Road to mitigate the impacts of access to Crosstown from Leopard Street; • Possible extension of Staples Street from West Broadway Street to Tancahua Street (connecting to Fitzgerald Street) to enhance access to the SEA District; 3100 McKinnon Street 7th Floor, Dallas, TX 75201 1 www.gatewayplanning.com AMD. NO. 1 EXHIBIT "A" Page 1 of 5 • Possible improvements to North Broadway from Belden Street to Port Avenue to improve access to the SEA District; • Potential improvements to Twigg Street from Mesquite Street to North Shoreline Blvd., including possible conversion to two-way traffic, once the Harbor Bridge exit ramp is removed. • Potential improvements to N. Mesquite Street from the current 1-37 to Port Avenue/Hirsch Street., including evaluation of conversion to two-way from 1-37 to Belden Avenue to enhance access to the SEA District; • Optimization of the connection between the bike/pedestrian facility on the new Harbor Bridge with the prescribed Bicycle Mobility Network segments in the Hillcrest, Solomon Coles and North Beach areas (which reflect the planned changes to parks/open space per the parks mitigation requirements of the project). This work will include evaluation for improvements to street cross-sections and configurations based on analysis of existing data and analysis from workshops delineated below. Traffic modelling and specific intersection designs will NOT be undertaken; rather, team analysis will be undertaken in the workshop process based on field observation, prior plans and studies and staff input. Other items such as pavement conditions, lighting, alternative traffic control plans and future public outreach recommendations for construction management will be analyzed generally, and general recommendations on those items will be provided in a memorandum. 2. Design Workshop: To facilitate the objectives above, undertake a one day (1) preliminary multi- departmental workshop and a follow up two (2) day design workshop to analyze transportation and land use potential within the TIRZ #3 study area based on the results of Part 1 and the objectives above. The Team will meet with stakeholders and City Staff/Leadership to facilitate a broad analysis of the implications and considerations for this initiative during both workshops. • Workshop will include building block and scale plans for key catalytic areas in Downtown and adjacent to recommended corridor projects; • Draft work will be presented to the community in a public town hall presentation at the conclusion of the second workshop to solicit additional feedback prior to refinement. 3. Deliverables: A technical memorandum summarizing the findings, including: • Existing network condition and functionality (general capacity, strengths, weaknesses, opportunities); • Assessment of current mobility and expected changes to demand and network functionality associated with the completed Harbor Bridge project based on data generated from EIS process and analysis from other existing data and staff feedback; • Projected changes in the functionality in terms of traffic and pedestrian movements on key corridors under existing conditions and the various proposed development scenarios through analysis of existing data and staff feedback; • Identification of the recommended changes (structural and operational) to existing mobility network, including a prioritized list of structural (e.g. realignment of streets, signalization, key lighting, major wayfinding signage, upgrade of key pedestrian facilities) and operational (e.g., traffic management strategies) critical improvements to existing roadway network. At specific locations, conceptual sketches will be used to demonstrate proposed roadway changes; • Illustrative graphic of the detailed neighborhood plan at block and building scale focusing on the SEA District, as developed in the Design Workshop. • Illustrative concept plan and supporting narrative detailing data basis illustrating anticipated changes to traffic patterns under existing conditions and under various proposed scenarios, and for proposed structural improvements at a level of detail sufficient to confirm feasibility; 3100 McKinnon Street 7th Floor, Dallas, TX 75201 1 www.gatewayplanning.com • Approximate order of magnitude cost of key infrastructure recommendations; • Potential project recommendations for CIP or bond issue project with priorities, Task B: Undertake a targeted market analysis for the TIRZ #3 area, including the SEA District, Marina Arts District, Uptown, and Bayshore area. The market analysis will be based on stakeholder input and feedback from the initial market assessment and data gathering. 1. Market Analysis by Land Use Type: The following land use types and categories could be included in the market analysis for the TIRZ #3 area based on initial analysis in Part 1 work effort and shall take into consideration the existing and potential vision for the TIRZ #3 area: • Residential For -Sale: Detached Single Family; Attached Single Family; and Multifamily • Residential Rental Market: Detached Single Family; Attached Single Family; and Multifamily • Commercial Office • Commercial Retail: Destination, Regional, Community, Local or Retail by Category • Commercial Restaurant • Hotel • Entertainment • Other Land Uses 2. Deliverables: A technical memorandum with findings from the market analysis and supply analysis for the TIRZ #3 area. Task C: Engage in a public meeting to present findings and initial recommendations to the community and City Staff for feedback based on updates and revisions made since the initial design workshop. 1. Deliverables: Presentation materials and notices for public distribution; as well as one (1) revision to the plan documents and recommendations, Task D: Public Presentations and Adoption 1. Consultant Team will present to the TIRZ #3 Board on information gathered and refined in Parts 1 and 2 of this initiative. 2. Consultant Team will present to joint meeting of the City Transportation Advisory Commission and Planning Commission for information gathered and refined in Parts 1 and 2 of this initiative. Includes one (1) round of revisions. 3. Consultant Team will present to City Council the final recommended list of prioritized projects and improvements for the TIRZ #3 district area. 4. Deliverables: PowerPoint presentations; Final Plan and Prioritized Recommendations with order of magnitude cost and scope of work for future CIP or Bond projects. Additional revisions hourly. The above-described scope of work has been completed by Gateway Planning Group and delivered to the City. With this contract amendment, Gateway Planning is requesting reimbursement for its expended efforts. 3100 McKinnon Street 7th Floor, Dallas, TX 75201 1 www.gatewayptanning.cont AMD. NO. 1 EXHIBIT "A" Page 3 of 5 II. REVISED PROJECT SCHEDULE Task Date PART 1 Notice to Proceed (NTP) April 5, 2017 Kickoff Meeting with City Staff and Project Team April 10, 2017 Initial Stakeholder Discussions April 10, 2017 Task A: Evaluation of Programmed and Recently Completed Street Projects April — May 2017 Task B: Assessment of Market Data April — May 2017 Task C: Stakeholder -Driven Vision of Opportunities and Constraints Aprll — June 2017 PART 2 Task A: Evaluation of Street Projects May — July 2017 Task B: Market Supply and Demand Analysis June — August 2017 Task C: Public Meeting and Town Hall August— September 2017 Task D: Public Presentations + Adoption September — October 2017 III. FEES The City shall pay Contractor a lump sum fee not to exceed $175,500.00 for the services specified in this document. The fee will be full and total compensation for services and for all expenses incurred in performing these services, including reimbursable expenses, travel, lodging, reprographics, facilities rental, workshop supplies, and plotting. Contractor shall invoice client monthly on a percent complete basis pursuant to tasks delineated in this document. All invoices shall be due upon presentation and payable within thirty (30) days. Any local, state or federal taxes applicable to any of the services provided by Contractor shall be added to the amount due. Any remaining expense budget from Part 1 shall be carried over to the Part 2 work effort. The effort defined herein shall be subject to mutual agreement to terms and conditions between the City of Corpus Christi and Gateway Planning Group, Inc. We look forward to this opportunity to work with you. Sincerely, (.1)/Al. Scott Polikov, FAICP Kelsey Berry, CNU-A President Principal Gateway Planning Group, Inc. Gateway Planning Group, Inc. 3100 McKinnon Street 7th Floor, Dallas, TX 75201 l www,gatewayplanning.com ATTACHMENT 1 Summary of Fees Task Original Contract Amd. No. 1 Total Contract PART 1 Task A: Evaluation of Programmed and Recently Completed Street Projects $15,150 $0.00 $15,150 Task B: Assessment of Market Data $13,500 $0.00 $13,500 Task C: Stakeholder -Driven Vision of Opportunities and Constraints $17,150 $0.00 $97,150 PART 2 — ADDITIONAL SERVICES Task A: Evaluation of Street Projects + Plan $0.00 $104,000 $104,000 Task B: Market Supply and Demand Analysis $0.00 $17,000 $17,000 Task C: Public Meeting $0.00 $9,500 $9,500 Task D: Public Presentations + Adoption $0.00 $27,500 $27,500 Reimbursable Expenses (includes travel, lodging, reprographics, facilities rental, supplies, etc.) $3,700 $17,500 $21,200 TOTAL $49,500 $175,500 $225,000 3100 McKinnon Street 7th Floor, Dallas, TX 752011 www.gatewayplanning.com AMD. NO. 1 EXHIBIT "A" Page 5 of 5 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Chr� City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANYNAME: Gateway Planning Group, Inc. P. O. BOX: STREET ADDRESS: 3100 McKinnon Street, 7th Floor CITY: Dallas ZIP: 75201 FIRM IS: 1. Corporation 4. Association 8 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant 0 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: Scott Polikov, FAICP Title: Pr4.gident (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 06/26/2017 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. July 13, 2017 Sarah West, P.E., CFM City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: TIRZ #3 Integrated Traffic and Planning Study (Project # E17023) Revised Contract Amendment No. 1 Addendum Dear Ms. West: Please accept this revision to the original revised contract amendment originally dated April 24, 2017 for a revised project schedule due to a delayed project kickoff and initial contract execution. The original contract amendment stated a completion by October 2017; however, under the project schedule and with an expected notice to proceed date of August 01, 2017, the new expected project completion date is December 2017. If the notice to proceed does not occur by August 01, 2017, this completion date could be subject to change. The revised project schedule is now as follows: Task Date PART 1 Notice to Proceed (NTP) April 5, 2017 Kickoff Meeting with City Staff and Project Team April 10, 2017 Initial Stakeholder Discussions April 10, 2017 Task A: Evaluation of Programmed and Recently Completed Street Projects April — May 2017 Task B: Assessment of Market Data April — July 2017 Task C: Stakeholder -Driven Vision of Opportunities and Constraints April — July 2017 PART 2 Task A: Evaluation of Street Projects May — July 2017 Task B: Market Supply and Demand Analysis June — August 2017 Task C: Public Meeting and Town Hall August — September 2017 Task D: Public Presentations + Adoption September — December 2017 We look forward to this opportunity to work with you. Sincerely, Scott Polikov, FAICP President Gateway Planning Group, Inc. Kelsey Berry, CNU-A Principal Gateway Planning Group, Inc. 3100 McKinnon Street 7th Floor, Dallas, TX 75201 1 www.gatewayplanning.com 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: 2017-197681 Date Filed: 04/25/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Gateway Planning Group, Inc. Dallas, 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. E17023 TIRZ #3 Integrated Traffic and Planning Study q Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Lonberger, Brad Dallas, TX United States X Polikov, Scott Dallas, TX United States X Berry, Kelsey Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Al .�� Y a �'. MARY KATHRYN MIHALOPOULOS On Notary Public, State of Texas %�' ,�o'F`,� °� Comm. Expires l 1307125946- -2020 r't 1V1 -inature of a orize g �t d agent of c ntracnng business entity AFFIX NOTARY STAMP / SEAL ABOVE Swom to and subscribed before me, by the said le64.46-f 156z , this the L' day of Are) L. , 20 ti , to certify which, witness my hand and seal of office. M 410AtzPoUc.a5 NoriliAl A/c. Signature of officer administering oath Printed ame of officer administering oath Tale of officer administering oath Forms orovided by Texas Ethics Cnmmiccinn wumu athire etatu tv Ile VCISRA I V1.0.883 •r nadN::tl4YCLtt� 1{i�rt {1`t'Rfi1A0 YAA,"! .��`,�4 Vr I elmi?. ,;11!JU''! +(i614i4.".rj' 1:1`1,4:;>. ;{ t.r. eS fC3£ I (1I 01;10k' �''%rr110��`�• AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: June 30, 2017 TO: FROM: Margie C. Rose, City Manager Belinda Mercado, Director of Information Technology BMercado@cctexas.com 361-826-3740 Microsoft Licensing Renewal CAPTION: Motion authorizing the City Manager or designee to execute a three-year Microsoft Enterprise license agreement with Software House International, Inc. of Austin, Texas, through the Texas DIR Cooperative Purchasing Program (DIR-SDD-2503), for an amount not to exceed $2,099,855 of which $658,229 is funded for FY2016-2017, with license fees for years two and three of $647,813 annually and an estimated contingency of $146,000 for additional cloud infrastructure and license expenses subject to future annual budget appropriations. PURPOSE: Approval of this contract provides continued City of Corpus Christi's licensing agreement with Microsoft's Office 365 suite of applications which includes hosted e-mail and hosted office suite as primary applications. Enterprise Agreement and Subscription Agreement licensing are included in the renewal. BACKGROUND AND FINDINGS: The Microsoft Enterprise license agreement is part of the Information Technology (IT) ongoing goal of providing staff with the tools needed to work efficiently. Microsoft Enterprise Agreement will position the City to utilize the latest technology from Microsoft. In 2014, the City converted its conventional desktop software licenses to a subscription based cloud solution which enables employees to work with data and applications from virtually anywhere from any device. In addition, it allows the City to assure critical software are current with security -related improvement and product enhancements. The current three-year agreement terminated on June 30, 2017. Microsoft has granted a one month extension as we negotiated the terms of the contract. This renewal includes: • Upgrade rights to future versions of our licensed software • Enhanced licensing rights (SQL active -passive failover rights) • eLearning (free web -based training for all employees on Microsoft products) • Training Vouchers (about $10,000 in vouchers that the City can use to send our I.T. staff to on-site classroom training at various learning centers for Microsoft technologies) • A paid deployment planning workshop (on particular Microsoft server products, such as Exchange or SQL server deployments) • Three-year price protection against price increases • Free web-based/e-mail technical support on the Microsoft server products covered on our Enterprise Agreement • Help Desk services ALTERNATIVES: The City could search for alternative technology. OTHER CONSIDERATIONS: The transition to upgraded licenses for new employees may require additional funds; in addition, Microsoft Azure cloud services will increase our security posture and disaster recovery. The total estimated contingency over the three-year period is as follows: Total Additional Microsoft E3/Core Bridge Licenses: Total Additional Azure Cloud Commitment: Grand Total Contingency: $92,000.00 $54, 000.00 $146,000.00 CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,329,925 1,441,626 $2,771,551 Encumbered / Expended Amount $332,900 $332,900 This item $658,229 1,441,626 $2,099,855 BALANCE $338,796 0 $338,796 Fund(s): Information Technology Comments: This is a Texas DIR quote that will be paid in three annual payments for an amount not to exceed $2,100,000. Funds have been budgeted for this expense and are available in 5210-40480-242 and 5210-40430-242. Our Gartner Inc. membership provided us with a Microsoft expert to review the quote and contract. They provided us with an analysis and made recommendations for this purchase. Gartner Inc. provides the most comprehensive collection of analysis and advice for the users and vendors of technology to assist with decision making. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: SHI Quote GoIvL•'I Inli n6 'SSWi4 ti.oi,l CITY OF CORPUS CHRISTI Richard Soliz 1201 Leopard St. MIS Corpus Christi, TX 78401 United States Phone: (361) 826-3420 Fax: Email: Richard@cctexas.com All Prices are in US Dollar (USD) Product 1 CoreCALBridgeO365 ALNG LicSAPk MVL UsrCAL Microsoft - Part#: U3J-00026 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 2 CoreCALBridgeO365 ALNG LicSAPk MVL UsrCAL Microsoft - Part#: U3J-00026 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 3 MSDNPItfrms ALNG SA MVL Microsoft - Part#: 3VU-00044 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 Qty Pricing Proposal Quotation #: 13719943 Created On: 6/29/2017 Valid Until: 7/31/2017 Inside Account Manager Jeff Rosen 1301 South Mo-Pac Expressway Suite 375 Austin, TX 78746 Phone: 800-870-6079 ext 8686150 Fax: (512)732-0232 Email: Jeff_Rosen@shi.com Retail Your Price Total 2300 $18.00 $14.81 $34,063.00 629 $18.00 $14.81 $9,315.49 1 $1,028.00 4 CISSteDCCore ALNG SA MVL 2Lic CoreLic Microsoft - Part#: 9GS-00135 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 5 SQLCAL ALNG SA MVL UsrCAL Microsoft - Part#: 359-00961 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 6 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic Microsoft - Part#: 7JQ-00343 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 $844.18 $844.18 100 $217.00 $178.23 $17,823.00 25 $45.00 $36.98 $924.50 16 $2,923.00 $2,401.17 $38,418.72 7 SQLSvrStd ALNG SA MVL 5 $191.00 $156.87 $784.35 Microsoft - Part#: 228-04433 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 8 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 12 $763.00 $626.56 $7,518.72 Microsoft - Part#: 7NQ-00292 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 9 WnRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 500 $28.00 $23.07 $11,535.00 Microsoft - Part#: 6VC-01254 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 10 WnSvrDCCore ALNG SA MVL 2Lic CoreLic 160 $164.00 $134.70 $21,552.00 Microsoft - Part#: 9EA-00278 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 11 WnSvrSTDCore ALNG SA MVL 2Lic CoreLic 278 $24.00 $19.75 $5,490.50 Microsoft - Part#: 9EM-00270 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 12 O365E3FromSA ShrdSvr ALNG SubsVL MVL PerUsr 2300 $204.00 $168.00 $386,400.00 Microsoft - Part#: AAA -10758 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 13 IntunUSL ALNG SubsVL MVL PerUsr 700 $66.00 $54.36 $38,052.00 Microsoft - Part#: U5U-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 14 VDAE3PerDvc ALNG SubsVL MVL PerDvc 100 $96.00 $79.80 $7,980.00 Microsoft - Part#: 4ZF-00019 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 15 AzureMntryCmmtmntG ShrdSvr ALNG SubsVL MVL Cmmt Microsoft - Part#: J5U-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 4 $1,500.00 $1,231.92 $4,927.68 16 ExchgOnlnPlan2 ShrdSvr ALNG SubsVL MVL PerUsr 1000 $87.60 $72.60 $72,600.00 Microsoft - Part#: TQA-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 17 Total for Year 1: $658,229.14 1 $0.00 $0.00 $0.00 Microsoft - Part#: Contract Name: Microsoft Contract#: DIR-SDD-2503 18 CoreCALBridgeO365 ALNG LicSAPk MVL UsrCAL 2300 $17.00 $14.00 $32,200.00 Microsoft - Part#: U3J-00026 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 19 CoreCALBridgeO365 ALNG LicSAPk MVL UsrCAL 629 $17.00 $14.00 $8,806.00 Microsoft - Part#: U3J-00026 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 20 MSDNPItfrms ALNG SA MVL 1 $949.00 $779.30 $779.30 Microsoft - Part#: 3VU-00044 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 21 CISSteDCCore ALNG SA MVL 2Lic CoreLic 100 $200.00 $164.22 $16,422.00 Microsoft - Part#: 9GS-00135 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 22 SQLCAL ALNG SA MVL UsrCAL 25 $41.00 $33.75 $843.75 Microsoft - Part#: 359-00961 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 23 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 16 $2,698.00 $2,215.39 $35,446.24 Microsoft - Part#: 7JQ-00343 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 24 SQLSvrStd ALNG SA MVL 5 $176.00 $144.58 $722.90 Microsoft - Part#: 228-04433 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 25 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 12 $704.00 $578.10 $6,937.20 Microsoft - Part#: 7NQ-00292 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 26 WnRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 500 $26.00 $21.36 $10,680.00 Microsoft - Part#: 6VC-01254 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 27 WnSvrDCCore ALNG SA MVL 2Lic CoreLic 160 $152.00 $124.83 $19,972.80 Microsoft - Part#: 9EA-00278 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 28 WnSvrSTDCore ALNG SA MVL 2Lic CoreLic 278 $22.00 $18.14 $5,042.92 Microsoft - Part#: 9EM-00270 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 29 O365E3FromSA ShrdSvr ALNG SubsVL MVL PerUsr 2300 $204.00 $168.00 $386,400.00 Microsoft - Part#: AAA -10758 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 30 IntunUSL ALNG SubsVL MVL PerUsr 700 $66.00 $54.36 $38,052.00 Microsoft - Part#: U5U-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 31 VDAE3PerDvc ALNG SubsVL MVL PerDvc 100 $96.00 $79.80 $7,980.00 Microsoft - Part#: 4ZF-00019 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 32 AzureMntryCmmtmntG ShrdSvr ALNG SubsVL MVL Cmmt Microsoft - Part#: J5U-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 4 $1,500.00 $1,231.92 $4,927.68 33 ExchgOnlnPlan2 ShrdSvr ALNG SubsVL MVL PerUsr 1000 $87.60 $72.60 $72,600.00 Microsoft - Part#: TQA-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 34 Total for Year 2: $647,812.79 1 $0.00 $0.00 $0.00 Microsoft - Part#: Contract Name: Microsoft Contract#: DIR-SDD-2503 35 CoreCALBridgeO365 ALNG LicSAPk MVL UsrCAL 2300 $17.00 $14.00 $32,200.00 Microsoft - Part#: U3J-00026 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 36 CoreCALBridgeO365 ALNG LicSAPk MVL UsrCAL 629 $17.00 $14.00 $8,806.00 Microsoft - Part#: U3J-00026 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 37 MSDNPItfrms ALNG SA MVL 1 $949.00 $779.30 $779.30 Microsoft - Part#: 3VU-00044 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 38 CISSteDCCore ALNG SA MVL 2Lic CoreLic 100 $200.00 $164.22 $16,422.00 Microsoft - Part#: 9GS-00135 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 39 SQLCAL ALNG SA MVL UsrCAL 25 $41.00 $33.75 $843.75 Microsoft - Part#: 359-00961 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 40 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 16 $2,698.00 $2,215.39 $35,446.24 Microsoft - Part#: 7JQ-00343 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 41 SQLSvrStd ALNG SA MVL 5 $176.00 $144.58 $722.90 Microsoft - Part#: 228-04433 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 42 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 12 $704.00 $578.10 $6,937.20 Microsoft - Part#: 7NQ-00292 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 43 WnRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 500 $26.00 $21.36 $10,680.00 Microsoft - Part#: 6VC-01254 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 44 WnSvrDCCore ALNG SA MVL 2Lic CoreLic 160 $152.00 $124.83 $19,972.80 Microsoft - Part#: 9EA-00278 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 45 WnSvrSTDCore ALNG SA MVL 2Lic CoreLic 278 $22.00 $18.14 $5,042.92 Microsoft - Part#: 9EM-00270 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 46 O365E3FromSA ShrdSvr ALNG SubsVL MVL PerUsr 2300 $204.00 $168.00 $386,400.00 Microsoft - Part#: AAA -10758 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 47 IntunUSL ALNG SubsVL MVL PerUsr 700 $66.00 $54.36 $38,052.00 Microsoft - Part#: U5U-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 48 VDAE3PerDvc ALNG SubsVL MVL PerDvc 100 $96.00 $79.80 $7,980.00 Microsoft - Part#: 4ZF-00019 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 49 AzureMntryCmmtmntG ShrdSvr ALNG SubsVL MVL Cmmt Microsoft - Part#: J5U-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 4 $1,500.00 $1,231.92 $4,927.68 50 ExchgOnlnPlan2 ShrdSvr ALNG SubsVL MVL PerUsr 1000 $87.60 $72.60 $72,600.00 Microsoft - Part#: TQA-00001 Contract Name: Microsoft Contract#: DIR-SDD-2503 Coverage Term: 8/1/2017 — 7/31/2018 51 Total for Year 3: $647,812.79 1 $0.00 $0.00 $0.00 Microsoft - Part#: Contract Name: Microsoft Contract#: DIR-SDD-2503 Additional Comments Total $1,953,854.72 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicv, unless there is an existing agreement between SHI and the Customer. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: July 16, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Amendment to Financial Budgetary Policies CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 030790 and providing financial policy direction on preparation of the annual budgets. PURPOSE: The financial budgetary policies are being recommended for amendment to address housekeeping needs and to satisfy GFOA requirements. The amendments are also necessary so that our policy regarding use of the Committed for Major Contingencies is strict enough to qualify it as Committed or Assigned fund balance. BACKGROUNDAND FINDINGS: Section 3. "General Fund Balance/ Working Capital" wording is being revised meet GFOA guidelines on defining committed and assigned assets. Section 4.1. "Internal Service Funds" wording is being revised to reflect department name changes. Section 5. "Liabilities for Other Post -Employment Benefits, Accrued Compensated Absences, and Net Pension Liability" (new section) section added to clarify process for recording these liabilities and presentation in CAFR. Section 6-20. All other sections have been renumbered to accommodate the addition of the new Section "Liabilities for Other Post -Employment Benefits, Accrued Compensated Absences, and Net Pension Liability". Alternatives: An alternative would be to leave the financial budgetary policies as they currently are written. Other Considerations: N/A CONFORMITY TO CITY POLICY: This item conforms to City policy. Emergency/Non-Emergency DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Financial Services • Legal Financial Impact: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: 2016 - 2017 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount of (date) This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the amendment as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Redline Resolution RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 030265790 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; amended the policy in June 2013 by Resolution 029848; and amended the policy in August 2014 by Resolution 030265; and amended the policy in March 2016 by Resolution 030790. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 2 The Financial Budgetary Policies adopted by Resolution 030790 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Budgctael+Gy-i€ madc part of the City Comprchcnsivc Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Lk General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund ommitted unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating revenues or regular general fund operating expenditures up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating revonuos or regular general fund operating expenditures up to 25% of total annual General Fund appropriations will be ommitted Reserved for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committcd fundGunassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to 3 previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the PIIS Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance ScrviccsFleet Maintenance Internal Service Fund and Facilities Maintenance Internal Services Fund. - 444.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five 4 percent of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section . Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section . Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or $10,818,730, whichever is greater. Additionally, beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. 5 Section 78. Funding Level from General Fund for Residential/Local Street Capital Improvement Projects. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential/Local Street Capital Fund. 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential/Local Street Capital Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. Section 89. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to contribute the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. In order to implement this goal, beginning in Fiscal Year 2015-2016, an additional 2% will be added to the City's contribution to TMRS each year until the actuarially determined fully funded rate is met. Section 010. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 11. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 4412. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans 6 and/or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section . Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 114. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section . Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section . Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 1-61. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section X18. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 1-618. i. Based Budgeting tytYpc 0process. To prepare the City's operating budget, the City shall utilize a Zero 7 Zero—Based Budgeting t.ype of type of proces&of process. The staff shall be accountable for utilizing a ZeroZero Based Budgeting type of type of process comprehensively for all department budgets. Section . A State Hotel Occupancy Tax (HOT) Fund. A state HOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the State HOT Fund. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 8 RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 030790 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; amended the policy in June 2013 by Resolution 029848; amended the policy in August 2014 by Resolution 030265; and amended the policy in March 2016 by Resolution 030790. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 2 The Financial Budgetary Policies adopted by Resolution 030790 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 25% of total annual General Fund appropriations will be Reserved for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. 3 Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at 4 least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 7. Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or $10,818,730, whichever is greater. Additionally, beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential/Local Street Capital Improvement Projects. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential/Local Street Capital Fund. 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential/Local Street Capital Fund. 5 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to contribute the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. In order to implement this goal, beginning in Fiscal Year 2015-2016, an additional 2% will be added to the City's contribution to TMRS each year until the actuarially determined fully funded rate is met. Section 10. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 11. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 12. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 13. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be 6 made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 14. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 15. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 16. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 17. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 18. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 19. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. Section 20. A State Hotel Occupancy Tax (HOT) Fund. A state HOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the 7 Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the State HOT Fund. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 8 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: July 5, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate CAPTION: Motion setting September 12, 2017 as the date of the adoption of the ad valorem tax rate of $0.606264 per $100 valuation. PURPOSE: The fiscal year 2017-2018 proposed operating budget utilizes a tax rate of $0.606264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2017- 2018. This is the same property tax rate as was used in fiscal year 2016-2017. Final assessed values should be received from the Nueces County Appraisal District by July 25th at which time the effective tax rate and rollback rate will be computed. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2017-2018 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2017-2018 tax rate of $0.606264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 22, 2017, and the second public hearing on August 29, 2017. Then the vote for the final adoption of the tax rate is scheduled to be held on September 12, 2017. Additionally in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on August 13, 2017. The last step in the "truth -in -taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 113,193,005 $ 113,193,005 Encumbered/Expended amount of (date) - - - This item - $ 113,193,005 $ 113,193,005 BALANCE - - $ - $ - FUND(S): General Fund $70,351,865 Debt Service Fund $42,841,140 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM Future Item for the City Council Meeting of July 18, 2017 Action Item for the City Council Meeting of July 25, 2017 DATE: July 5, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Action to Schedule Two Public Hearings Related To Fiscal Year 2017-2018 Property Tax CAPTION: Motion setting a public hearing on the ad valorem tax rate for August 22, 2017 and a second public hearing for August 29, 2017 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2017-2018 proposed operating budget utilizes a tax rate of $0.606264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2017- 2018. This is the same property tax rate as was used in fiscal year 2016-2017. Final assessed values should be received from the Nueces County Appraisal District by July 25th at which time the effective tax rate and rollback rate will be computed. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2017-2018 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2017-2018 tax rate of $0.606264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 22, 2017, and the second public hearing on August 29, 2017. Then the vote for the final adoption of the tax rate is scheduled to be held on September 12, 2017. Additionally in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on August 13, 2017. The last step in the "truth -in -taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 113,193,005 $ 113,193,005 Encumbered/Expended amount of (date) - - - This item - $ 113,193,005 $ 113,193,005 BALANCE - - $ - $ - FUND(S): General Fund $70,351,865 Debt Service Fund $42,841,140 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM City Council Meeting of July 11, 2017 DATE: June 9, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Area Development Plan -Work Program STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP, CFM Assistant Director Planning & ESI 2. Keren Costanzo, LEED AP Senior City Planner Planning & ESI 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: Staff presentation of recommended sequencing for updating the City's Area Development Plans. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Area Development Plan Sequencing Sequencing of Area Development Plans City Council Presentation July 18, 2017 Planning Districts for ADPs PLAN rr District Name 1. CC Airport 2 Downtown Flour Bluff Midtown 5 Northwest & Northwest OCL Padre/Mustang Island Southside 8 Southside OCL (London) 9 Westside Previous Planning District Name Port/Airport/Violet C.C. Beach & So. Cen./CBD Flour Bluff q Southeast Northwest 6 Mustang -Padre Island Southside 8. London Westside Year of Previous Area Development Plan Adoption (Amens m nts) 1. 1992 (1995) 2. In Progress 1993 1995 5. 2001 6. 2004 (2017) 7. 1989 (1995, 2000) 8. 1987 9. 1989 (1995) Planning Districts Map PLAN CC COMPREHENSIVE PIAN ZOIS Padre/ Mustang' Island Council & Planning Districts Map %, DIST 1 (s p QCouncil D strict Planning District Downtown Flour Midtown Nortlwest tlrerMuswno Island We. de Plannec DeVel0Orrent Area 5 PADRE!' A DDR HOLLY -- GRAHAM RD PURDUE RD GLENDAR DR 9i° RAMF LD RD Corpus Christi Council Districts and Planning Districts Vlidtown Council & Planning Districts PLAN CC District Name (ADP) City Council Dis. 5 (1 ADP) X City Council Dis. 1 (4 ADP) City Council Dis. 2 (3 ADP) City Council Dis. 3 (5 ADP) City Council Dis. 4 (4 ADP) Southside Westside X X X Northwest Flour Bluff X Downtown Padre/ Mustang Island X CC Airport X (London) X X X X X X X X X X 2014 Population Estimates PLAN CC District Name Southside (ICL) Midtown Westside Northwest (ICL) Flour Bluff Downtown Padre/ Mustang Island CC Airport Southside OCL (London) Northwest OCL Total: 2014 Po • ulation 108,115 90,018 % of Total Po • ulation 33% 27% 54,792 17% 30,189 22,876 10,761 9,591 3,619 472 685 331,118 Sources: 2014 American Community Survey. Corpus Christi Development Services Department, February 2017. 9% 7% 3% 3% 1% 0.1% 0.2% 100% Zoning and Platting Applications Zoning Aplications January 2012 - March 2016 Total Platted Acreage Recorded January 2012- March 2016 Note: Projects outside City limits (OCL) do not require zoning applications. Sources: Corpus Christi Development Services Department, February 2017. Projects Affecting Planning Districts • New Harbor Bridge: Downtown and Westside • TxDOT 286 Extension: Westside, Southside, and London (OCL) • Hector P. Garcia Memorial Family Health Center (Memorial Hospital): Westside • Spohn Shoreline Expansion: Midtown • Six Points Transportation Improvements: Midtown • TAMU-CC Momentum Campus: Midtown • Barisi Village: Midtown • Del Mar South Campus: South Side • Lake Padre Development: Padre Island Staff Work Plan Recommendation 2017 2018 2019 2020 Area Development Plan Areas CC District Award 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Southside 3,4,5 16-17 London (OCL) NA 16-17 Westside 1,2,3 16-17 Padre/ Mustang Island 4 17-18 Flour Bluff 4 17-18 Northwest and Northwest (OCL) 1,3 18-19 CC Airport 1,3 18-19 Midtown 2,3,4 19-20 Discussion AGENDA MEMORANDUM for the City Council Meeting of July 11, 2017 DATE: TO: June 30, 2017 Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Foresight Golf STAFF PRESENTER(S): Name 1. E. Jay Ellington 2. 3. OUTSIDE PRESENTER(S): Title/Position Director Department Parks & Recreation Name Title/Position Oraanization 1. Dan Pedrotti CEO Foresight Golf 2. Ed Miller COO Foresight Golf 3. BACKGROUND: In 2011 the City of Corpus Christi Parks & Recreation Department entered into a lease agreement with Foresight Golf to manage the city's two golf courses. This has been a successful partnership for the City of Corpus Christi as Foresight has increased the playability and overall quality of the golfing experience at both courses. In addition, Foresight assumes liability for operational costs and shares revenue with the City helping to re-establish the Golf Fund as an enterprise. Utilizing funds from the Golf Surcharge fee, Foresight has made strategic improvements to the courses in order to increase/stabilize revenues. This is the annual presentation made by the Parks and Recreation Department and Foresight Golf on the operations and maintenance of the courses, as well as plans for future improvements and programming strategies. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation • _siJ,'�S �f (IT � I_� T91 Golf Course Annual Update to City Council CORPUS CHRISTI PARKS& RECRCATION Council Presentation July, 11 2017 Lease Timeline acm __ OWw#*I l4 WItutelf CORPUS CHRISTI PARKS& RECREATION • Management Agreement November 2010 - January 2011 • Lease Agreement began February 2011 • Lease Agreement (2011-2021) • Completed Sixth Full Year Financial Highlights lontsight Golf 7yyJalfri Y11el.;lf • 2016 Rounds of Golf: 71,132 ➢ Oso Beach: 35,528 ➢ Lozano: 35,604 (National Average for a Public Course: 33,000) • Net Operating Income: $160,445 minus $61,839 to replenish the FCCG operating reserve back to $100,000 = $98,606. • It was necessary to engage the operating reserve in the 2015 fiscal year as a result of inclement weather experienced during the period. The account was replenished in April of 2016 when the operating bank balance comfortably allowed. • City Share of NOI is $49,303 ($98,606 divided by 2) CORPUS CHRISTI PARKS& Financial Review .Rc re fight Gala , Rionivasbito , ate Fiscal Year 2015 2016 Difference Revenue $2,430,554 $2,508,154 $188,139 Expenditures $2,285,819 $2,347,710 $61,891 Net O eratlri p g $144,735 $160,445 - $61,839 e) $15,710 Income opteratngrese = $98,606 City Share of $72,368 $49 303 ($23,065) NOI - Rent ($98,605/2) CORPUS CHRISTI PARKS& Great Course Conditions i Lozano - Hole #17, #12, #6 Oso Beach - Hole #1, #13 #12 If (If ,ra x:;.73 IJfIJ1 5�J1f1 'Raffia ' J CORPUS CHRISTI PARKS& 2016 Customer Satisfaction urt3Igia Golf Survey Results „LVA/u.. ��i. srn (k4,61S Oso Beach - 94.4% Good or Excellent Lozano - 90% Good or Excellent Overall - 92.1% Good or Excellent CORPUS CHRISTI RECREATION 2016 Recap rC)1f 7114 CORPUS CHRISTI PARKS& RECREATION • Financial ✓ Net Operating Income - $160,445 (City & Foresight Share $98,606) ✓ Course revenues were again affected by inclement weather ✓ Revenue per round $36.81 (was up from $35.87) • Rounds of Golf - 71,132 ✓ Days with 0 rounds sold: Oso Beach - 10, Lozano Golf Center - 12 ✓ Additional Days with less than 50 paid rounds: Oso - 29, Lozano - 34 ✓ Daily average for number of paid rounds: 98 per course • Improved Course and Facility Conditions ✓ Completed renovation/addition of new tees for the addition of a 5th set of tees at Lozano. New Course Yardage: Black - 7,027, Forest - 6609, Blue - 6,002, Stone - 5,387, and Copper - 4,518 ✓ Installed Drainage on Practice Range at Lozano 2017 2017 Financial Goals Gc)If rna >2017 Operating Budget Targets With better weather and new player outreach efforts, increase rounds of golf sold to 79,212. - Increase revenue per round to $38.13 up from $36.81 - Attain $319,852 in net operating income. CORPUS CHRISTI R PARKS 2017 Course Improvement Plans Lozano Golf Center Improvements Replace all practice range light fixtures, allowing range to be open after dusk, creating a new revenue stream for the course Install a new wash pad area adjacent to the golf car storage building and new cart paths around holes 1 and 10 Install new tee signage .-! CORPUS CHRISTI PARKS& RECREATION 9 2017 Course Improvement Plans Oso Beach Improvements Resurface the entire parking lot and entrance road y Complete Renovation to Sand Bunkers Install new set of tees with new course yardages of: Forest Green - 6223, Blue - 5728, Stone - 5,193, Copper - 4,220 Encompassing Improvements Work with The First Tee and community leaders to develop the First Tee Chapter of Coastal Bend .-! CORPUS CHRISTI PARKS& RECREATION 10 Future Capital Improvement Plans Complete renovation to the nine hole executive course at Lozano Golf Center. 4, We believe that this project would literally change the paradigm at Lozano for instruction, programming, and the overall business. i, In conjunction with the renovation, our vision is to also light all nine holes, which would be a feature offering a customer experience that is non-existent in the Coastal Bend and South Texas markets. New buildings to replace the current 50+ year old antiquated clubhouses. .-! CORPUS CHRISTI ARKISTON S011.f i!Yllljfay CORPUS CHRISTI PARKS& RECREATION Questions? 12 Cart Barn Replacement rC)1f 7114 CORPUS CHRISTI RECREATION • Estimated Cart Barn Cost: $150,000.00 • Less City Insurance Settlements: - 95,734.24 • Balance - Risk Casualty Loss Fund $ 54,265.76 • Authorize Foresight Golf to Rebuild Cart Barn Loan Agreement for Improvements Executive Course - 9 Hole acm __� _OW RVItillAWO WItuy1F CORPUS CHRISTI RECREATION • Loan from General Fund to Golf Fund for Capital Improvement Project (CIP) • CIP at Gabe Lozano Golf Course to improve/enhance Executive 9 Hole Course • Loan paid back with interest over five years • Improvements belong to the City Loan Agreement for Improvements Executive Course - 9 Hole rC)1f 7114 CORPUS CHRISTI RECREATION Foresight Golf's Net Operating Income Actuals Revenue Projections 2012 - $317,557 2017 2013 - $248,819 2018 2014 - $115,465 2019 2015 - $144,735 2020 2016 - $ 98,606 ($160,445) 2021 15