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Agenda Packet City Council - 07/25/2017
Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 forward.cctexas.com Meeting Agenda - Final City Council Tuesday,July 25,2017 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 Reverend Mike Morris, St. John's Methodist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Robert Rocha, Fire Chief. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0911 Proclamation declaring July 29, 2017, "Feria de Las Flores Day". Presentation of Honorary Citizen Certificates to Seven 2017 Sister City Exchange Students. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Commendation recognizing Joan Veith as a Dedicated Public Servant on 86th Birthday. City of Corpus Christi Page 1 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0915 Regular Meeting of July 18, 2017 and Workshop of July 13, 2017. Attachments: Minutes-July 18, 2017 Minutes-July 13, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0913 Oil and Gas Advisory Committee Water Resources Advisory Committee Attachments: Oil and Gas Advisory Committee Water Resources 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 712412017 City Council Meeting Agenda-Final July 25,2017 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 - 16) 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. 17-0881 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 5. 17-0801 Construction Contract for Gollihar Outfall Repairs (Capital Improvement Program) 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) Attachments: Agenda Memo-Gollihar Outfall Repairs Project Budget-Gollihar Outfall Repairs Location Map-Gollihar Outfall Repairs Presentation-Gollihar Outfall Repairs City of Corpus Christi Page 3 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Form 1295-Gollihar Outfall Repairs Letter of Recommendation-Gollihar Outfall Repairs 6. 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 7. 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 8. 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 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 City of Corpus Christi Page 4 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 9. 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) 10. 17-0837 Second Reading Ordinance -Amending the Urban Transportation Plan for the Deletion of Bronx Avenue between Master Channel 31 and Yorktown Blvd (1st Reading 7118117) 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 11. 17-0814 Second Reading Ordinance -Amending City Code to Exempt Certain City Owned Vehicles from Inscription Requirements (1st Reading 7118117) 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 12. 17-0879 Second Reading Ordinance -Accepting and Appropriating funds for the Aerial and Emerging Robotics Team (1st Reading 7118117) 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 City of Corpus Christi Page 5 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Grant Fund to be used specifically to purchase equipment for the Aerial and Emerging Robotics team. Attachments: Agenda Memo-Aerial and Emerqinq Robotics Team Ordinance-NuStar Grant 2017 13. 17-0845 Second Reading Ordinance -Appropriating funds for replacement of the golf cart barn at Oso Beach Golf Course (1st Reading 7118117) 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 14. 17-0847 Second Reading Ordinance -Cash Loan from General Fund to Golf Fund for improvements at Gabe Lozano Golf Complex (1st Reading 7118117) 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 15. 17-0782 Second Reading Ordinance - Pilot license agreement with Mobilitie, LLC (1st Reading 7118117) 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. City of Corpus Christi Page 6 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 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 16. 17-0810 Second Reading Ordinance -Appropriating funds for the purchase of a Kubota Front Loader Tractor for the Solid Waste Operations (1st Reading 7118117) 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. Attachments: Agenda Memo- Kubota Front Loader Tractor Ordinance-Kubota Front Loader Tractor Price Sheet- Kubota Front Loader Tractor L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. APPEALS OF DECISIONS OF THE BUILDING STANDARDS BOARD (ITEMS 17 - 18) To be held at approximately 2:00 p.m. Each Appeal will proceed using the following format: a. Statement of Facts—5 minutes b.Appellant's Oral Presentation of Written Notice of Appeal(up to 5 minutes) (Appellant may be questioned by City Council and City Attorney) c. Public Hearing(three minutes per speaker) d. City Staff Response—up to 5 minutes(City Staff may be questioned by City Council) e. Council Action- Three options: 1. Deny the appeal(uphold the Building Standards Board's decision) 2. Sustain the appeal(reverse the board's decision) 3.Amend the board's decision(in whole or in part) 17. 17-0905 Resolution denying Adriana Jimenez, aka Adriana Orozco's appeal, thereby upholding Building Standards Board order to demolish the buildings and structures on the property located at 1203 Sabinas Street. Attachments: Agenda Memo- 1203 Sabinas Resolution- 1203 Sabinas Affirminq the BSB Order Final Board Order for 1203 Sabinas BSB Minutes 07-28-16 City of Corpus Christi Page 7 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Timeline- 1203 Sabinas(01-2016) 1203 Sabinas ABATEMENTS 1203 Sabinas-EVIDENCE PHOTOS 1203 Sabinas Location Map&Aerial Notice of Appeal-Orozco 08-10-16 Notice of City Council Meeting- BSB Appeal 18. 17-0906 Resolution denying Linda Reyes appeal, thereby upholding Building Standards Board order to demolish the buildings and structures on the property located at 4918 Bonner Drive. Attachments: Agenda Memo-4918 Bonner Dr Resolution-4918 Bonner Drive Affirming the BSB Order Final Board Order for 4918 Bonner BSB Minutes 03-23-17 Timeline-4918 Bonner Dr(11-2016) 4918 Bonner Dr-ABATEMENTS 4918 Bonner Dr- EVIDENCE PHOTOS 4918 Bonner Dr Location Map&Aerial Notice of Appeal-4918 Bonner Dr-Reyes-04-12-17 Notice of City Council Meeting- BSB Appeal N. PUBLIC HEARINGS: (ITEM 19) 19. 17-0838 Public Hearing and First Reading Ordinance -Amending the Unified Development Code Codifying Community Home use Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. Attachments: Agenda Memo-Community Home Ordinance-Community Home Presentation-Community Homes O. REGULAR AGENDA: (ITEMS 20 -25) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 17-0934 Second Reading Ordinance - Reinstating Municipal Court Judge Ordinance reinstating Young Min Burkett as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; determining salary; providing a term of office; and declaring an effective date. City of Corpus Christi Page 8 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Attachments: Agenda Memo--Ordinance Reinstatement Ordinance-Reinstating Judge Burkett Amended Ordinance-Reinstating Judge Burkett 21. 17-0894 Second Reading Ordinance -Amending membership and meeting requirements of the Corpus Christi Museum of Science and History Advisory Board (1st Reading 7/18/17) 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 Informal Staff Report-Museum of Science and History Advisory Board 22. 17-0781 Second Reading Ordinance - Rezoning property located at 4626 Weber Road (1st Reading 7/11/17) (Reconsideration and 1st Reading 7/18/17) (Requires 3/4 Vote) 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. Reconsidered Ordinance by City Council on July 18, 2017: (Requires 3/4 Vote 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 "ON" Neighborhood Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. City of Corpus Christi Page 9 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Attachments: Agenda Memo 0317-07 Mohammed Motaghi Reconsidered Ordinance 0317-07 Mohammed Motaghi with Exhibits 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 23. 17-0811 Second Reading Ordinance regarding the City of Corpus Christi's proposed FY2017-2018 Consolidated Annual Action Plan (1st Reading 7111117) 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. Attachments: Agenda Memo-CAAP 2017-2018 11 Ordinance-FY2017 CAAP Ordinance Presentation-Housing and Community Development City Council 11 FY2017-2018 CDBG Funding Amended Attachment 11 FY2017-2018 ESG Funding Attachment FY2017-2018 HOME Funding Attachment City Council Policy No 9 Informal Staff Report-Housing Gap Financing Program Informal Staff Report-Homeless Work Program Informal Staff Report-CDBG funding for Parks and their Districts Informal Staff Report-Housing and Community Development Staffing and Dutie 24. 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 25. 17-0874 Setting Two Public Hearings Related to Fiscal Year 2017-2018 City of Corpus Christi Page 10 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 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 P. FIRST READING ORDINANCES: (ITEMS 26 -35) 26. 17-0896 First Reading Ordinance -Accepting and appropriating funds for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant amendment for the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of$50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. Attachments: Agenda Memo-TX Health Communities Grant 10-1-2017 to 10-1-2018(aD_7-10-2C Ordinance-Amendinq Tx Healthy Communities Grant(10-1-2017 to 10-1-2018)( TX Healthy Communities Grant Contract No. 2016-00308D-Amend. No. 4(9-1- 27. 17-0897 First Reading Ordinance -Accepting and appropriating grant funds for the Immunization Branch-Locals (IMM/LOCALS) grant for the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch-Locals (IMM/LOCALS) grant in the amount of$241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating related program income in the estimated amount of$70,000.00 in the Health Grants Fund No. 1066. Attachments: Agenda Memo-Immunizations Grant 9-1-2017 to 9-1-2017(c)_7-13-2017 Ordinance-IMM Grant(9-1-2017 to 9-1-2018)(x)7-11-2017 IMM Grant Contract No. 537-18-0077-00001 (9-1-2017 to 9-1-2018)-PEND City City of Corpus Christi Page 11 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 28. 17-0909 First Reading Ordinance -Accepting and appropriating grant funds for Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant for the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. Attachments: Agenda Memo- Inf. Disease Preparedness Grant(9-1-2017 to 9-1-2019) Q7-1: Ordinance-DCPS-IDCU-SUR Contract No. 537-18-0289-00001 (9-1-2017 to 9- Contract-DCPS-IDCU-SUR Contract No. 537-18-0289-00001 (9-1-2017 to 9-1- 29. 17-0899 First Reading Ordinance - Executing a Lease Agreement for Heritage Park Properties Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention &Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of$3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman-Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. Attachments: Agenda Memo-CVB Lease- Heritage Park Ordinance-CVB Lease- Heritiage Park Lease-7.20.17 CVB 30. 17-0850 First Reading Ordinance - Purchase of Three 2017 Ford F-250 CNG Trucks for Parks and Recreation Ordinance appropriating $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for$153,814.00 from Rush Truck Center, of New Braunfels, through a Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. Attachments: Agenda Memo- Ford F250 CNG Trucks for Park and Recreation Rev 7.14.17 City of Corpus Christi Page 12 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Ordinance-Ford F250 CNG Trucks for Park and Recreation Price Sheet- Ford F250 CNG Trucks for Parks and Recreation.xlsx 31. 17-0761 First Reading Ordinance - Purchase of Five Brush Trucks for Solid Waste Operations Ordinance appropriating $832,628.52 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self-loader brush truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for$510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston-Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. Attachments: Agenda Memo- Brush Trucks for Solid Waste Operations Ordinance-Brush Trucks for Solid Waste Operations Price Sheet- Brush Trucks for Solid Waste Operations 32. 17-0849 First Reading Ordinance -Appropriating Grant Funds for the Purchase of Aircraft Rescue Fire Fighting (ARFF)Vehicle Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid (RFB) No. 1093 based on the lowest responsive, responsible bid of$855,155, with the 10% match and additional funds for the purchase paid from Airport fund reserves. Attachments: Agenda Memo-Aircraft Rescue and Fire Fighting Vehicle Ordinance-Aircraft Rescue and Fire Fighting Vehicle.docx Bid Tabulation-Aircraft Rescue and Fire Fighting Vehicle.xlsx Supply Agreement-Aircraft Rescue Fire Fighting Vehicle.pdf FAA Award Form 1295-Aircraft Rescue and Fire Fighting Vehicle.pdf 33. 17-0876 First Reading Ordinance -Appropriating funds to extend Taxiway "K" (Kilo) Construction at the Corpus Christi International Airport City of Corpus Christi Page 13 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48-0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. Attachments: Agenda Memo- FAA Grant No 50 Amendment 5 Ordinance Grant 50 Appropriation Amd5 vFinal 20170706 FAA Letter.pdf 34. 17-0868 First Reading Ordinance -Amending City Code to Allow 24-hour Commercial Loading Zones Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. Attachments: Agenda Memo-ABC 24 Hour Commercial Loadinq Zone.docx Ordinance-ABC 24 hr loadinq zones-2017.docx Location Map-ABC 24 Hour Commercial Loading Zone v2.pdf Vicinity Map-ABC 24 Hour Commercial Loading Zone V2.pdf Presentation-ABC 24 Hour Commercial Load Zone.pptx 35. 17-0878 First Reading Ordinance -Construction Contract for Residential Street Rebuild Program (RSRP) Test Projects for Ralston Avenue from Staples to Alameda Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of $1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B - HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. Attachments: Agenda Memo- Ralston REV 3 Ordinance-Ralston Budget Ralston v2 Ralston Drive Location Map Presentation RSRP Test Projects- Ralston and Rogerson Presentation Ralston City of Corpus Christi Page 14 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Form 1295 JE Construction Letter of Recommendation- Ralston CCAR- Bidding Asphalt vs Concrete Q. FUTURE AGENDA ITEMS: (ITEMS 36 -43) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 36. 17-0877 Construction Contract for Residential Street Rebuild Program (RSRP) Test Project for Rogerson Drive from McArdle Road to Sunnybrook Road Motion authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of$699,807.62 for the Rogerson Drive Project- McArdle Road to Sunnybrook Road for Base Bid 2 - Portland Cement Concrete (PCC) as part of the Residential Street Rebuild Program (RSRP) test projects. Attachments: Agenda Memo- Rogerson REV 3 Budget Rogerson v2 Location map- Rogerson Presentation Rogerson Form 1295 JE Construction Rogerson E16270- Recommendation Letter 7-6-17 CCAR- Bidding Asphalt vs Concrete 37. 17-0763 Construction Contract for Corona Drive from Flynn Parkway to Everhart Road (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of$4,679,371.25 for Corona Drive from Flynn Parkway to Everhart Road for the total Base Bid. (Bond 2014 Proposition 1) Attachments: Agenda Memo Corona Drive Prosect Budget Corona Drive Location map Corona Drive Presentation Corona Drive Letter of Recommendation Bay Form 1295 Bay 38. 17-0804 Construction Contract and Professional Services Contract for Lifecycle Curb and Gutter Replacement Project Motion authorizing the City Manager, or designee, to execute a City of Corpus Christi Page 15 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of$536,850 and to execute a professional services contract with Engineering and Construction Management Services, LLC (ECMS) of Corpus Christ, Texas in the amount of $95,040 for the Lifecycle Curb & Gutter Replacement project. Both contracts will be executed for one base year with two (2) administrative one-year options. Attachments: Agenda Memo Lifecycle Curb and Gutter Project Budget Lifecycle Curb and Gutter Location Map Lifecycle Curb and Gutter Presentation Lifecycle Curb and Gutter Contract ECMS Letter of Recommendation Form 1295 ECMS Form 1295 A Ortiz Construction 39. 17-0918 Resolution for executing the Regional Transportation Authority (RTA) Notification for Additional Funding in 2017 Street Preventative Maintenance Program (SPMP) Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of$2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. Attachments: Agenda Memo- Notification for Additional Funding in 2017.docx Resolution- RTA fundinq for FY 2017 for City's Street Preventative Maintenanc( 2013 RTA Interlocal Agreement.pdf 40. 17-0875 Purchase of Four Chevrolet Spark Vehicles for the Police Department Motion approving the purchase of four Chevrolet Spark vehicles from Caldwell Country Chevrolet, from Caldwell, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $65,458.60. Funds are budgeted in FY2016-2017. Attachments: Agenda Memo-Chevrolet Spark Vehicles Price Sheet-Chevrolet Spark Vehicles 41. 17-0895 Purchase of One Freightliner Flatbed Crew Truck and One Freightliner 5-Yard Dump Truck for Utilities Wastewater Department Motion authorizing the City Manager, or designee, to purchase one City of Corpus Christi Page 16 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Freightliner flatbed crew truck and one Freightliner 5-yard dump truck from Houston Freightliner, Inc., of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not to exceed $219,914. Funds are budgeted in FY2016-2017. Attachments: Agenda Memo- Flatbed Crew Truck and 5-Yard Dump Truck Price Sheet- Flatbed Crew Truck and 5-Yard Dump Truck 42. 17-0699 Service Agreement for Pump and Motor Repairs for Water Utilities Department Motion authorizing City Manager, or designee, to execute a service agreement with Smith Pump Company, Inc., of Woodway, Texas for pump and motor repairs in response to Request for Bid (RFB) No. 1048 based on the lowest, responsive, responsible bid for a total amount not to exceed $301,230, with an estimated expenditure of$ 50,205 in FY2016-2017 funded by the Water Department Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Pump and Motor Repairs 06-27-17(002) Bid Tab- Pump and Motor Repair for Utilities Form 1295- Pump and Motor Repair for Utilities Water Department.pdf Service Agreement-Pump and Motor Repairs.pdf 43. 17-0560 Lease Purchase Agreements for Computers, Laptops and Peripherals and Purchase of Servers and Monitors for Information Technology Services Motion authorizing the City Manager, or designee, to execute lease-purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease-purchase term of 48-months, 420 laptop computers for a lease-purchase term of 36-months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 monitors for an amount $92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 will be requested in future budget years. Attachments: Agenda Memo-Computer Leasing Price Sheet -Computer Leasing COF-Computer Leasing R. BRIEFINGS: (ITEMS 44 -45) 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 City of Corpus Christi Page 17 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 Manager, but no other action will be taken and no public comment will be solicited. 44. 17-0917 "Public Private Partnerships" (P3s) and Wastewater Treatment Attachments: Agenda Memo- P3 Presentation.docx Presentation- P3 Briefing.pptx 45. 17-0946 Homelessness and Litter in Our Community Attachments: Agenda Memo- Homelessness-Litter Presentation- Homeless- Litter 7-25-17pptx(002) S. 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. T. EXECUTIVE SESSION: (ITEMS 46 -47) 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. 46. 17-0943 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 (including TCEQ and EPA regulations) related to the provision of utility services in industrial districts, desalination, reuse, utility rate design, and water and wastewater treatment and distribution and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to 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), including, but not limited to, potential extension to agreement for exclusive reservation of recycled water. 47. 17-0944 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 City of Corpus Christi Page 18 Printed on 712412017 City Council Meeting Agenda-Final July 25,2017 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, including, but not limited to local government corporation(s), 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), including, but not limited to, the provision of water to said business prospect(s). U. 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. V. ADJOURNMENT City of Corpus Christi Page 19 Printed on 712412017 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. Pastor Jerry Ward gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Arlena Sones, City Auditor. City Auditor Arlena Sones led the Pledge of Allegiance. D. City Secretary Rebecca 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 712112017 City Council Meeting Minutes July 18, 2017 E. Proclamations /Commendations 1. 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. Mayor McComb presented the proclamation; offered the recognition;and conducted the swearing-in ceremony for newly appointed board,commission and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. Gloria Scott,4422 S.Alameda,spoke regarding an event at the Oveal Williams Senior Center to welcome the Mayor and two new City leaders and requested that City Council meet with members of the community to explore diversity in the City.Scott Sutherland,5 Camden Place,spoke in support of Agenda Item 29,amending membership and meeting requirements of the Corpus Christi Museum of Science and History Advisory Board.Shirley Thornton, 1917 Woodcrest and on behalf of the Flour Bluff Citizens'Council, thanked City staff for their assistance with the Solid Waste Litter Critter Program and providing information on the area development plans and encouraged the City to update the area development plans every five years. Jose A. Perez,753 Post Avenue, requested consideration of an ordinance to ban tobacco use in City parks. Susie Luna Saldana,4710 Hakel,spoke regarding Agenda Item 43, an executive session regarding Municipal Court Judges,addressing the process used to appoint Municipal Court Judges and requested that the City Council re-advertise the Municipal Court Judge position. Judy LaPointe, 1753 Third Street,spoke regarding Agenda Item 43, an executive session regarding Municipal Court Judges, and expressed support for reinstating Young Min Burkett as Municipal Court Judge. Roland Perez Garza,2650 Old Brownsville Road,spoke in support of the Mayor and City Council and encouraged the City Council to continue to unite and move the City in a positive direction. Ken Baker,7421 Idle Hour,spoke regarding Agenda Item 43,an executive session regarding Municipal Court Judges,and discussed Young Min Burkett not having been initally qualified to have been appointed as a Municipal Court Judge because of her citizenship status.Yvette Aguilar, 1641 Nile,spoke regarding Agenda Item 43,an executive session regarding Municipal Court Judges,and spoke regarding Young Min Burkett not City of Corpus Christi Page 2 Printed on 712112017 City Council Meeting Minutes July 18, 2017 being a citizen of the United States and the need for Municipal Court Judges to know the laws and requirements of the position. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1)Improvements to the water system, including the addition of the new disinfectant, have reduced the amount of water required to be flushed in the flushing program. The auto flushing program reduced water usage from 1.2 million gallons to 27,500 gallons per day from October 2016 to February 2017 and resulted in a decrease in autoflushes from 54 to 6.This change represents a 97.7 decrease in the number of gallons of water used by the City's auto flushers. The dead-end main program went from 125,000 gallons in February 2017 to 88,100 gallons in June 2017, representing a decrease of 36,900 gallons per day. Since February 2017,the yard water flushing waiver program has had an increase in participants from 275 to 310.Water testing and flushing are continuously being performed as required by the Texas Commission on Environmental Quality(TCEQ). 2) 16 area high school educators will observe and interact with various City departments this week as part of the YOU Learn Educator Externship Program sponsored by Workforce Solutions of the Coastal Bend and Citizens for Educational Excellence.The educators will learn about various careers in the areas of science,technology, engineering, math, arts, humanities, business available at the City of Corpus Christi.The goal of the program is for educators'experience at City Hall to be used to infuse, energize and focus instruction of their students toward the current, real-life demands of the local workforce.3)The 8th Annual Cool Corpus Christi Fan Drive kicked off Thursday, July 13,2017.The drive is sponsored by Parks and Recreation Senior Community Services,WellMed and Grande Communications. The city-wide fan collection will benefit senior citizens in need of relief from the summer heat.The goal is to collect 200 box or standing fans from now through July 28, 2017. Information can be obtained by calling 361-826-3150. G. MINUTES: 2. Regular Meeting of July 11, 2017 and Workshop of July 6, 2017. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Vaughn and passed unanimously. S. EXECUTIVE SESSION: (ITEM 41) Mayor McComb deviated from the agenda and referred to Item 41.The Council went into executive session at 12:30 p.m.The Council returned from executive session at 2:11 p.m. 41. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to City of Corpus Christi Page 3 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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. This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH Lunch was taken during the executive session regarding Item 41. P. FUTURE AGENDA ITEMS: (ITEM 33) Mayor McComb deviated from the agenda and referred to Future Agenda Item 33. Business Liaison Alyssa Barrera provided a presentation on this item. 33. 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. This Motion was recommended to the consent agenda. H. BOARD & COMMITTEE APPOINTMENTS: 3. 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 Mayor McComb referred to board and committee appointments. The following appointments were made: Island Strategic Action Committee Council Member Rubio made a motion to realign Brud Jones to Residential Property Owner Category and Libby Middleton to At-Large Category,seconded by Council Member Vaughn and passed unanimously. Landmark Commission Council Member Rubio made a motion to reinstate Margareta Fratila(Regular Member),seconded by Council Member Lindsey-Opel and passed unanimously. City of Corpus Christi Page 4 Printed on 712112017 City Council Meeting Minutes July 18, 2017 Mechanical/Plumbing Advisory Board Council Member Molina made a motion to appoint William F. Boeker(Not Connected with Building Industry)and Billy F. Largin (Commercial Building Industry),seconded by Council Member Garza and passed unanimously. North Padre Island Development Corporation Council Member Hunter made a motion to appoint Debbie Lindsey-Opel, seconded by Council Member Molina and passed (Council Member Lindsey-Opel abstained). Reinvestment Zone Nos.2 and 3 Council Member Smith made a motion to appoint Debbie Lindsey-Opel, seconded by Council Member Hunter and passed (Council Member Lindsey-Opel abstained). Senior Companion Program Advisory Committee Council Member Rubio made a motion to appoint Maria I. Odeh (At-Large), seconded by Council Member Molina and passed unanimously. K. CONSENT AGENDA: (ITEMS 4 - 17) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the public. City Secretary Rebecca L. Huerta announced that Council Member Lindsey-Opel was abstaining on Item 7. Council Member Garza announced that he was abstaining on Item 20. Council members requested that Items 7, 10, 15, 16, 17, 19 and 20 be pulled for individual consideration. A motion was made by Council Member Garza,seconded by Council Member Lindsey-Opel,to approve the Consent Agenda.The motion carried by 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 4. 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, City of Corpus Christi Page 5 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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 passed on the consent agenda. Enactment No: M2017-094 5. 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 passed on the consent agenda. Enactment No: M2017-095 6. 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 passed on the consent agenda. Enactment No: 031181 8. 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 City of Corpus Christi Page 6 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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 passed on the consent agenda. Enactment No: M2017-096 9. 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 passed on the consent agenda. Enactment No: M2017-097 11. 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) This Motion was passed on the consent agenda. Enactment No: M2017-099 12. 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 passed on the consent agenda. Enactment No: M2017-100 13. Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation City of Corpus Christi Page 7 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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 passed on the consent agenda. Enactment No: M2017-101 14. 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 passed on the consent agenda. Enactment No: M2017-102 18. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031184 7. Resolution authorizing an Interlocal Agreement for a stormwater floating debris study City of Corpus Christi Page 8 Printed on 712112017 City Council Meeting Minutes July 18, 2017 Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University - Corpus Christi for a stormwater floating debris study Mayor McComb referred to Item 7,execution of an interlocal agreement for a storm water floating debris study. In response to a council member, Interim Executive Director of Utilities Dan Grimsbo provided information on the apparatus used to catch debris and confirmed that there were no fees associated with the study. Council Member Lindsey-Opel abstained from this item. Council Member Rubio made a motion to approve the Resolution,seconded by Council Member Garza. This Resolution 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: 031182 10. 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) Mayor McComb referred to Item 10, execution of a construction contract for the Old Robstown Road project from State Highway 44 to Leopard Street. Director of Engineering Services Jeff Edmonds and council members discussed the following topics:the cost associated with utilities;concern with replacing storm water improvements that do not need to be replaced;the need to address drainage improvements on Old Robstown Road;the number of bus stops on Old Brownsville Road; designing bus stops in concrete;and the costs associated with bike lanes. Council Member Smith made a motion to approve the motion,seconded by Council Member Garza. This Motion was passed 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 Enactment No: M2017-098 15. Change Order No. 1 for Bayshore Park Improvement Project City of Corpus Christi Page 9 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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) Mayor McComb referred to Items 15 and 16, park improvements associated with The Water's Edge Park. Director of Engineering Services Jeff Edmonds and council members discussed the following:opposition to spending additional funds beyond the Bond 2008 funding for improvements to The Water's Edge;the costs associated with the marina breakwater project and the parking lot; use of seawall improvement funds to fund the parking lot;the park generating future economic development;the cost to repair the seawall; and the life of the seawall improvement fund. Council Member Rubio made a motion to approve the motion,seconded by Council Member Lindsey-Opel. 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 Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Vaughn Abstained: 0 Enactment No: M2017-103 16. Second Reading Ordinance -Transfer of Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach (1st Reading 7111117) 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. This item was discussed during the discussion on Item 15. Council Member Rubio made a motion to approve the Ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Vaughn Abstained: 0 City of Corpus Christi Page 10 Printed on 712112017 City Council Meeting Minutes July 18, 2017 Enactment No: 031183 17. 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" 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 17, rezoning property located at 4626 Weber Road.A brief discussion ensued regarding the reconsideration of Item 15 from the July 11,2017 Council meeting. (Note: ultimately,this second reading ordinance was withdrawn). I. EXPLANATION OF COUNCIL ACTION: Council Member Smith made a motion to reconsider Item 15 from the July 11, 2017 Council meeting, First Reading 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,seconded by Council Member Vaughn and passed unanimously. Council Member Smith made a motion to amend the ordinance to rezone the subject property to the"ON" Office Neighborhood District, seconded by Council Member Lindsey-Opel. City of Corpus Christi Page 11 Printed on 712112017 City Council Meeting Minutes July 18, 2017 Mayor McComb called for comments from the public. Mohammed Motaghi, applicant,thanked the City Council for considering the"ON"zoning for the subject property. Michael Gunning, representative for applicant,spoke regarding the current zoning on the subject property.Susie Luna Saldana, 4710 Hakel,spoke in support of the zoning change. Council members discussed the following topics: the current zoning on the subject property and bringing the current businesses in compliance regarding zoning;and the beneficial economic impact of improving the subject property. This Ordinance was passed on first reading as amended and approved with the following vote: Mayor McComb, Council Members Garza, Guajardo, Hunter, Lindsey-Opel, Molina, Rubio,Smith, and Vaughn, voting "Aye". K. CONSENT AGENDA: (ITEMS 19 -20) 19. 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 7111117) 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, purchase of seven 2017 Ford F-150 Trucks for the Parks and Recreation Department. Director of Fleet Maintenance Jim Davis,Assistant Director of Financial Services Kim Baker, and council members discussed the following topics: use of the Buyboard purchasing cooperative;and verification that Buyboard prices are truly competitive. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Molina Abstained: 0 Enactment No: 031185 20. Second Reading Ordinance - Extension of Performance City of Corpus Christi Page 12 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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. Mayor McComb referred to Item 20. City Secretary Huerta announced that Council Member Garza was abstaining from this item. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Hunter.This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Molina Abstained: 1 - Council Member Garza Enactment No: 031186 M. PUBLIC HEARINGS: (ITEM 21) 21. 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. Mayor McComb referred to Item 21.Assistant Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to amend the Urban Transportation Plan by deleting Bronx Avenue between Master Channel Ditch 31 and Yorktown Boulevard.The applicant, Del Mar College, is making the request for the development of the proposed Del Mar College Southside Campus. Mr. McGinn presented the following information:a location map; background on the Del Mar College Project;and a site plan for the campus. City Traffic Engineer Raymond Chong provided an overview of the traffic impact analysis and findings. M r. McGinn stated that staff and the Transportation Advisory Commission recommend approval of the amendment to remove Bronx Avenue from the Urban Transportation Plan.The Planning Commission denied the request. Mayor McComb opened the public hearing.John DeValla, Construction Manager for the Corpus Christi Independent School District(CCISD),spoke in support of the Planning Commission's recommendation to deny the City of Corpus Christi Page 13 Printed on 712112017 City Council Meeting Minutes July 18, 2017 amendment based on the following concerns:the impact to the community related to ingress and egress;the safety of students;and the loss of a future emergency route to Veterans Memorial High School and the surrounding neighborhoods. Murf Hudson, Urban Engineering and representing Del Mar College, stated that the Urban Transportation Plan assumed that this property would be developed as residential and,since adoption,the property has been developed into educational facilities. Mr. Hudson explained that the collector street is no longer needed and leaving Bronx Drive would create potential safety risks for both the high school and college students. Dr. Mark Escamilla, President of Del Mar College, requested support for the amendment to create a safer environment for the school and the taxpayers and addressed Del Mar's commitment to build the pedestrian bridge. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: the impact to the bicycle mobility plan; Del Mar College's commitment to dedicate easement and construct a pedestrian and bike path bridge across Master Channel 31; the estimated costs to build Bronx Drive;whether CCISD took into account both traffic studies;the location of the nearby fire stations, emergency routes and response times;whether Del Mar was extending the bike lane to Lipes Boulevard;consideration to work with the developer of the adjacent property along Bronx Avenue to dedicate a bike path;whether there will be a degredation in emergency services reponse time with this change; the preferred emergency routes;density of available land;the timeline to build the bike bridge;and the sidewalk on the northside of the bridge. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Vaughn Nay: 1 - Council Member Smith Abstained: 0 N. REGULAR AGENDA: (ITEM 22) 22. 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 City of Corpus Christi Page 14 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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 22. 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. There were no comments from the public. Council members and staff discussed the following topics: addressing the concern from restaurant owners uptown that food trucks would jeopardize their businesses; shipping containers not included in the ordinances and addressing ways to accommodate shipping containers in the future;and the distinction between shipping containers and food trucks. Assistant City Attorney Yvette Aguilar stated that the ordinance was amended to include provisions to require compliance with the noise ordinance. Council Member Rubio made a motion to approve the ordinance as amended, seconded by Council Member Vaughn. This Ordinance was passed on second reading as amended 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 Enactment No: 031187 O. FIRST READING ORDINANCES: (ITEMS 23 -24) 23. 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. Mayor McComb referred to Item 23. Police Chief Mike Markle stated that the purpose of this item is to amend the City's Code of Ordinances by adding Section 43-12 to allow for the use of unmarked vehicles for traffic enforcement. There were no comments from the public. A council member requested that a protocol be established for traffic stops made by police officers in unmarked vehicles to ensure the safety of the public. Council Member Rubio made a motion to approve the Ordinance,seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 15 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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 24. 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. Mayor McComb referred to Item 24. Fire Chief Robert Rocha stated that the purpose of this item is to accept a grant in the amount of$2,300 from NuStar Energy L.P.to purchase equipment for the Aerial and Emerging Robotics Team.There were no comments from the public. In response to Mayor McComb, Chief Rocha provided a brief explanation on how the equipment will be used in an emergency incident. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Guajardo. 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 Q. BRIEFINGS: (ITEM 39) 39. Golf Course Annual Update to City Council Mayor McComb deviated from the agenda and referred to Item 39. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provide an update on the golf courses. Dan Pedrotti and Ed Miller with Foresight Golf were available to respond to questions. Mr. Ellington provided the following information:the timeline for the operating agreement; financial highlights;the financial review; photographs highlighting the condition of the golf courses; the results of the 2016 customer satisfaction survey; the 2016 recap;financial goals for 2017; 2017 course improvement plans for Lozano Golf Center and Oso Beach;and future capital improvement plans. Council members and the presentation team discussed the following topics: the age of the Lozano Golf Center clubhouse; insurance coverage for the cart barn;capital improvements at the golf courses;future opportunities for TopGolf or similar activities at the public golf courses;customer satisfaction; City of Corpus Christi Page 16 Printed on 712112017 City Council Meeting Minutes July 18, 2017 the terms of the lease related to revenue;the number of golf courses operated by Foresight Golf with contract terms similar to Corpus Christi; the capital surcharge from green fees;and improvements to the parking lot at Oso Beach Golf Course. O. FIRST READING ORDINANCES: (ITEMS 25 -29) 25. First Reading Ordinance -Appropriating funds for replacement of the golf cart barn at Oso Beach Golf Course 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. Mayor McComb referred to Item 25. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to transfer funds into the Golf Capital Reserve Fund for replacement of the cart barn at Oso Beach Golf Course.There were no comments from the Council or the public. 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: 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 26. 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. Mayor McComb referred to Item 26, a cash loan from General Fund to Golf Fund to facilitate improvements to the 9-hole executive golf course at Gabe Lozano Golf Complex. There were no comments from the public. City of Corpus Christi Page 17 Printed on 712112017 City Council Meeting Minutes July 18, 2017 Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Vaughn. 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 27. 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. Mayor McComb referred to Item 27. Interim Director of Development Services Bill Green stated that the purpose of this item is to execute a pilot license agreement allowing Mobilitie, LLC to lease City rights-of-way for installation of 28 utility poles in locations throughout the City that will support wireless equipment.This is the first agreement of its type in the City and accommodates changes in the wireless and telecommunications industry. Mr. Green presented the following information:the design requirements;examples of the proposed equipment to be used;examples of similar small-cell installation by Mobilitie in Houston, TX; permit requirements;a map of the 28 proposed locations;Senate Bill 1004;and staffs recommendation for approval of the ordinance.Tate Adams and Neil Bora with Mobilitie, LLC responded to questions.There were no comments from the public. Council members and the presentation team discussed the following topics: whether the City is interested in joining the lawsuit lead by the City of McAllen regarding SB 1004;whether the service will be above-or-under ground;the terms of the agreement;whether the City can deny use of the rights-of-way;an explanation of Senate Bill 1004; negotiated fees for each small cell; the small cells will help to improve wireless services; and the pilot program being performed on behalf of Sprint. Council Member Vaughn made a motion to approve the Ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor 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 28. 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 18 Printed on 712112017 City Council Meeting Minutes 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. Mayor McComb referred to Item 28. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to approve the purchase of a Kubota front loader tractor for Solid Waste Operations.There were no comments from the public. A council member and staff discussed the following topics:verification that BuyBoard pricing is truly competitive and the horsepower of the tractor. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. 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 29. 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. Mayor McComb referred to Item 29.Assistant to the City Manager Esther Velazquez stated that the purpose of this item is to amend Chapter 2 of the City's Code of Ordinances regarding the Corpus Christi Museum of Science and History Advisory Board by changing the regular meeting requirements from quarterly to bi-monthly and changing the membership comprised of six voting members and two non-voting members to nine voting members.There were no comments from the public. A council member requested that information be provided regarding the inclusion of ex officio members from not only Corpus Christi Independent School Disrict, but other school districts in the City. Council Member Rubio made a motion to approve the Ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 19 Printed on 712112017 City Council Meeting Minutes July 18, 2017 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 P. FUTURE AGENDA ITEMS: (ITEMS 30 -32 AND 34 -37) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 35,36 and 37. 30. 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. This Resolution was recommended to the consent agenda. 31. Construction Contract for Gollihar Outfall Repairs (Capital Improvement Program) 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) This Motion was recommended to the consent agenda. 32. 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. This Motion was recommended to the consent agenda. 34. 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 City of Corpus Christi Page 20 Printed on 712112017 City Council Meeting Minutes July 18, 2017 House International, Inc. of Austin, Texas, through the Texas DIR Cooperative 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. This Motion was recommended to the consent agenda. 35. 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. This Resolution was recommended to the consent agenda. 36. 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. This Motion was recommended to the regular agenda. 37. 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. This Motion was recommended to the regular agenda. Q. BRIEFINGS: (ITEM 38) 38. Area Development Plan-Work Program Mayor McComb referred to Item 38.Assistant Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to discuss the sequencing for updating the City's area development plans. Mr. McGinn presented the following information: an outline of the various planning districts; a planning districts map;the council district and planning districts; a breakdown of population in the planning districts; current zoning and platting applications; projects affecting the planning districts; and staff's work plan recommendation. Council members and staff discussed the following topics: the location of North Beach on the council districts map;the estimated costs associated with City of Corpus Christi Page 21 Printed on 712112017 City Council Meeting Minutes July 18, 2017 studying the eight planning districts;where the various City studies are kept; engaging the community to reduce the cost of studies;the establishment of a Planning Department; and developing a plan to reduce on-going, long-term reliance on consultants. R. LEGISLATIVE UPDATE: Mayor McComb referred to the Legislative Update. Director of Intergovernmental Relations Tom Tagliabue provided a brief overview of the following topics:the Special Session of the Texas Legislature; sunset legislation; issues targeting city governments; land exchange with Naval Air Station -Corpus Christi;and the Military Aviation, Range,and Installation Assurance Program Office. Mr. Tagliabue requested that the City Council be actively involved in the Special Session. Council members discussed the follow topics:the Maternal Mortality and Morbidity Task Force; state legislation regarding local control; involvement of the City Council during the Special Session; and whether the Texas Municipal League(TML) has coordinated a"Storm the Capital Day". S. EXECUTIVE SESSION: (ITEMS 40 -43) Mayor McComb referred to the day's executive sessions. City Attorney Miles K. Risley announced that the subject of Item 43,Young Min Burkett, has requested that discussions related to her pursuant to Texas Government Code §551.074(Personnel Matters) be held in open session.The Council went into executive session at 6:24 p.m. The Council returned from executive session at 8:12 p.m. 40. 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. This E-Session Item was discussed in executive session. 42. 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 City of Corpus Christi Page 22 Printed on 712112017 City Council Meeting Minutes July 18, 2017 negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. 43. 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 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. Mayor McComb referred to Item 43 and the following motion was considered: Motion to approve an ordinance reinstating Young Min Burkett as Municipal Court Judge of the Municipal Court of Record in the City of Corpus Christi, Texas;determining salary; providing a term of office; and declaring an effective date. Mayor McComb made a motion to approve the Ordinance,seconded by Council Member Garza. Mayor McComb called for comments from the public.Young Min Burkett spoke regarding her citizenship process; her workload as a Municipal Court Judge; and her dedication to service the community. Ms. Burkett addressed council members'questions related to the following:concern that she should have know the requirements of the position; her reasons for not previously obtaining citizenship;the process for expediting citizenship;and taking the oath of office as a Municipal Court Judge. Chris Gale; Matt Manning;and Mario Olivarez spoke in support of reinstating Young Min Burkett to her position as Municipal Court Judge. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina and Council Member Smith Nay: 2- Council Member Rubio and Council Member Vaughn Abstained: 0 T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. U. ADJOURNMENT The meeting was adjourned at 8:47 p.m. City of Corpus Christi Page 23 Printed on 712112017 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 13,2017 3:00 PM Basement Training Room 1201 Leopard Street 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 3:04 p.m. B. 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 Risley,and City Secretary Rebecca L. Huerta. Present 8- 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, and Council Member Greg Smith Absent 1 - Council Member Carolyn Vaughn Council Members Michael Hunter and Debbie Lindsey-Opel arrived at 3:06 p.m. C. BRIEFINGS TO CITY COUNCIL: 2. Harbor Bridge Replacement Project Update Mayor McComb deviated from the agenda and referred to Item 2. City Manager Margie C. Rose provided opening remarks regarding the Harbor Bridge Replacement Project Update. Executive Director of Public Works Valerie Gray presented information on the following topics: key facts; interesting facts; project milestones; key city actions from 2004 to present;joint planning efforts between the City,the Texas Department of Transportation (TXDOT)and Flatiron/Dragados, LLC; City planning efforts 2014 to present;existing local street impacts immediate 2017, short-term 2018,and long-term 2020;and a projected schedule. City of Corpus Christi Page 1 Printed on 712112017 City Council Workshop Session Meeting Minutes July 13, 2017 Council members and staff discussed the following topics: improvements to Beach Street; the level of engineering/design work needed for asphalt overlays;ownership of and possible City-uses for materials resulting from the demolition of the exisiting Harbor Bridge;working with the Regional Transportation Authority to adjust bus routes;the impact of the New Harbor Bridge on surrounding neighborhoods, including lower socio-economic areas; TXDOT's solicitation of community involvement and input into the project; economic opportunities associated with the project;and minimizing negative impacts from the project. 1. Proposed Bond 2018 Mayor McComb deviated from the agenda and referred to Item 1. Executive Director of Public Works Valerie Gray presented information on the following topics: previous bond 2018 workshops;summary of the city council's June 1,2017 motion of direction; the number of projects and associated dollar amounts of the proposed propositions on May 4,and July 13, 2017;the utility impact of the proposed propositions; project categories;and a listing of the street improvement projects and associated dollar amounts in Propositions 1 and 2. Council members and staff discussed extending Junior Beck Drive and communicating to the public that Bond 2018 projects are part of a continuing effort to improve City streets. Ms. Gray presented information on the following additional topics: public safety and facility improvements proposed in Proposition 3; ranking of projects as a percentage of need, by city council district; implementation plan prior to referendum; recommended execution plan;and the proposed Bond 2018 schedule. Council members and staff discussed the following topics: staff designing projects versus current contracting out of design work; in-house versus contracted project management;smoothing out the completion of construction projects; sources of funding for architect/engineering services;construction versus project management;the recommendation and timing of implementing in-house design work as recommended in the Frank Brogan Report;overlays versus re-construction of streets; using money wisely versus the number of streets completed;the feasibility of allowing for the assessment of the difference in cost between hot mix versus concrete to business owners along city streets, if concrete is preferred by the business owners; re-using old asphalt collected when re-constructing streets,for street repairs/re-construction; improving bond language and communication with the public regarding bond projects; potential use of equipment that re-uses asphalt taken from existing city streets; that seal work and Street Preventive Maintenance Program work is done by City crews, but re-work is done by contractors;that overlays are not currently done in-house; use of certificates of obligation in addition to bond funding due to the need to fund certain Harbor Bridge-related street projects before Bond 2018 bond proceeds become available;the purpose of the street user fee; increased traffic on certain streets due to the New Harbor Bridge project;the timeframe for securing certificates of obligation; bringing certificates of obligation to city council as an agenda item; the timeline for monies needed; the amount of bonds that can be issued with City of Corpus Christi Page 2 Printed on 712112017 City Council Workshop Session Meeting Minutes July 13, 2017 no increase in ad valorem taxes;and the City's total debt capacity. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to look for all funding sources to secure the$4.1 million to address Harbor Bridge-related streets,outside of certificates of obligation,and that certificates of obligation will be a last resort for the funding of those projects,seconded by Council Member Garza and approved unanimously(Council Member Vaughn -absent). Council members and staff discussed the following additional topics: use of the City's Debt Service Fund balance relating to issuance of debt;sales tax revenue trends;and Bond 2018's impact on the number of contracted staff necessary to augment City Engineering staff. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to move forward with Bond 2018,as proposed in today's presentation to city council,to include all three propositions,seconded by Council Member Lindsey-Opel and passed unanimously(Council Members Hunter and Vaughn -absent). 3. "Public Private Partnerships" (P3s)and Wastewater Treatment Mayor McComb referred to Item 3. This item was postponed. D. ADJOURNMENT The meeting was adjourned at 5:29 p.m. City of Corpus Christi Page 3 Printed on 712112017 City Of Corpus Christi OIL AND GAS ADVISORY COMMITTEE BOARD DETAILS SIZE 8 Seats The Oil and Gas Advisory Committee shall make a continuing study of TERM LENGTH 3 Years operations for the exploration, drilling, and OVERVIEW TERM LIMIT 6 Yearsproduction of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Eight(8) persons who are residents of Corpus Christi:three(3) members from the F-�'k oil and gas well industry;three(3)members from the general public who are not connected with the oil and gas well industry;and two(2)alternates:one(1)from the general public to serve in the absence of a public member,and one(1)from industry to serve whenever an industry member is absent.Public members shall DETAILS be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry. Not later than one month after occurrence of a vacancy in the position of such a member,any lessee may nominate one person from his or its own organization for the position of industry member of the committee.Such members of the committee shall be appointed from such nominees. In making such appointments,the mayor shall give due consideration to the extent of interest owned by each lessee making a nomination. In the event that no such nomination is submitted or,in the event no person so nominated is appointed and approved,the mayor shall appoint any person he/she deems suitable with the approval of the council to fill the position of industry member on the committee. Members are appointed for three-year terms ending December 31,and may succeed themselves. Meetings are called by the Chairman or any three(3) members of the Committee within specified time limits. Four members constitute a quorum.The committee annually elects its own Chairman and Vice-Chairman. Members receive no compensation for their services. ............................................................................................................................................................................................................................... CREATION/AUTHORITY Section 35-26, Code of Ordinances.Ord. No.8294,Amended by Ord. Nos.8875, 8879, 10048, 12034, 12689, 17399,20294, 022762. ............................................................................................................................................................................................................................... MEETS On call. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Gas Department ..................................................................................................................................................................................................................................................................................................................... OIL AND GAS ADVISORY COMMITTEE Page 1 of 2 COMMITTEE/SUBCOMMITEE AGENDAS OTHER INFORMATION OIL AND GAS ADVISORY COMMITTEE Page 2 of 2 Oil and Gas Advisory Committee Members July 18,2017 Four(4)vacancies with terms to 12/31/19 representing the following categories: 2-General Public,1-Oil Industry and 1-Alternate-Oil Industry. (Note: Mayoral appointment with approval of the City Council.) -71 Board Nam Armando Mendez OIL AND GAS ADVISORY COMMITTEE Seeking reappointment District 3 1 12/31/16 Alternate-Oil Industry Member 100% 1/1 William Moffitt OIL AND GAS ADVISORY COMMITTEE Seeking reappointment District 2 1 12/31/16 Oil Industry Chair 100% 1/1 Elizabeth Perez OIL AND GAS ADVISORY COMMITTEE Seeking reappointment District 2 1 12/31/16 General Public Member 0% 0/1 Randy Schnettler OIL AND GAS ADVISORY COMMITTEE Seeking reappointment District 4 1 12/31/16 General Public Member 100% 1/1 John W.Newman OIL AND GAS ADVISORY COMMITTEE Active District 5 1 12/31/17 Oil Industry Member Gary Meurer OIL AND GAS ADVISORY COMMITTEE Active District 4 2 12/31/17 General Public Member Patrick McCullough OIL AND GAS ADVISORY COMMITTEE Active District 4 2 12/31/18 Oil Industry Member Eucharia Igwe OIL AND GAS ADVISORY COMMITTEE Active District 5 1 12/31/18 Alternate-General Public Member Oil and Gas Advisory Committee Applicants July 18, 2017 • ®® CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Committee, or Commission Profile Craig _ C Hebner Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 ISONWAMM INNONNOW Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager Employer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Craig C Hebner Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.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: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Registered Voter? r Yes r No Current resident of the city? Yes r No Craig C Hebner Page 2 of 6 37 If yes,how many years? Craig Resume_5-1-16_2 .docx Upload a Resume Please upload any additional supporting documents 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. W I Agree Craig C Hebner 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 BUILDING STANDARDS BOARD. 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 Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? rYesr- No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? r Yes ( No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? rh Yes r No Craig C Hebner Page 4 of 6 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r-- Yes r No Question applies to CLEAN CITY ADVISORY COMMITTEE. 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 Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? r Yes No Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? J Not Connected with Oil and Gas Well Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? r. Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Craig C Hebner Page 5 of 6 Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * V Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 6 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015 — Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress/ cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out • Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on job site,prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel,material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid&Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels,viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves,position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts,hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request City Of Corpus Christi WATER RESOURCES ADVISORY COMMITTEE BOARD DETAILS SeatsSIZE 10 The Water Resources Advisory in Committee advises the City Council, City 107 TERM LENGTH 2 Years Manager and Water Superintendent in OVERVIEW TERM LIMIT 6 Yearsmatters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Ten (10)members appointed by the Mayor with the approval of the Council for F-�Ik two-year staggered terms. The members shall include 1 -residential customer (home owner)of the City's water system; 1 -large commercial customer of the City's water system, 1 -wholesale raw or treated water customer of the City's regional water supply system, 1 -representative of the Port Industries of Corpus DETAILS Christi, 1 -representative of a school district located within the city, 1- representative of a military facility, 1 -representative of landscaping/nursery/horticulture interest; 1 -apartment owner or owner's representative, 1 -citizen at-large and 1 -member or employee of an organization that seeks to protect or positively influence the Nueces River watershed or its ecosystems. In addition,the Mayor may appoint one or two Council member(s)to serve as ex-officio member(s). ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Chapter 2,Article IV, Division 20,Code of Ordinances-Ordinance No.024561, 8/28/01;Ord. No.024760,2/12/02;amended by Ordinance No.30431,2/17/15. ........................................................................................................................................................................................................................................................................................................ MEETS Quarterly on 3rd Thursdays of the month at 11:30 a.m.in the Water Department Conference Room,2726 Holly Road. TERM DETAILS Two-year staggered terms. .................................................................................................................................................................................................................................................................................... DEPARTMENT Environmental ............................................................................................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION WATER RESOURCES ADVISORY COMMITTEE Page 1 of 1 Water Resources Advisory Committee Members July 25,2017 Six(6)vacancies with terms to 4/1/18 and 4/1/19 representing the following categories: 1-residential customer(homeowner)of the City's water system,1-member or employee of an organization that seeks to protector positively influence the Nueces River watershed or its ecosystems,1-representative of a school district located within the City,1-representative of a military facility,1-large commercial customer of the City's water system,and 1-wholesale raw or treated water customer of the City's regional water supply system. (Note:Mayoral appointment with approval of the City Council.)(Staff is recommending the realignment of Lucia Sosa(Citizen At-Large)to School District category.) Lucia Sosa WATER RESOURCES ADVISORY COMMITTEE Realignment of category District 5 3 04/01/18 Citizen At-Large Member Joelle Francois WATER RESOURCES ADVISORY COMMITTEE Seeking reappointment District 5 1 04/01/17 Residential Customer Member 1000 4/4 meetings Rocky Freund WATER RESOURCES ADVISORY COMMITTEE Seeking reappointment District 5 2 04/01/17 Nueces River Representative Member 1000 4/4 meetings Roberto A.Reece WATER RESOURCES ADVISORY COMMITTEE Seeking reappointment Other/Non-Resident 1 04/01/17 Military Facility Member 1000 4/4 meetings Brian Williams WATER RESOURCES ADVISORY COMMITTEE Seeking reappointment District 1 04/01/17 Wholesale Treated Member 7503/4 meetings Sam Sanders WATER RESOURCES ADVISORY COMMITTEE Not seeking reappointment District 1 04/01/17 Large Commercial Customer Member Vacancy WATER RESOURCES ADVISORY COMMITTEE Vacant 04/01/18 School District Member Sally Gill WATER RESOURCES ADVISORY COMMITTEE Active District 2 04/01/18 Landscaping Chair Robert Kunkel WATER RESOURCES ADVISORY COMMITTEE Active District 1 3 04/01/18 Port Industries Member Phil Hale,Sr. WATER RESOURCES ADVISORY COMMITTEE Active District 4 1 04/01/18 Apartment Owners or Owner's Representati Member Greg Smith WATER RESOURCES ADVISORY COMMITTEE Active N/A N/A Mayoral Ex-Officio,Non-voting Rudy Garza WATER RESOURCES ADVISORY COMMITTEE Active N/A N/A Mayoral Ex-Officio,Non-voting Water Resources Advisory Committee Applicants July 18,2017 Boards Applying For NM M.ork.ddr.. Citizen�l Robbie T.Foster WATER RESOURCES ADVISORY COMMITTEE District Retired(PPG Industires) 19V Water Systemge or Residential Customer/Home Owner of City's Citizen At-Large or Residential Customer/Home Owner of City's Marc Gonzalez WATER RESOURCES ADVISORY COMMITTEE District Corpus Christi Army Depot 308 Crecy Corpus Christi TX 361-961-0082 Water System or Military Facility Representative Citizen At-Large or Residential Customer/Home Owner of City's Craig C.Helmer WATER RESOURCES ADVISORY COMMITTEE District 1 Horton Automatic 4242 Baldwin Blvd. Corpus Christi TX 361-866-6719 Water System Citizen At-Large or Residential Customer/Home Owner of City's Steven R.McClure,Sr. WATER RESOURCES ADVISORY COMMITTEE District 1 Hausman Foods,LLC 4261 Beacon Corpus Christi TX 361-883-5521 Water System Citizen At-Large or Residential Customer/Home Owner of City's Leah Tiner WATER RESOURCES ADVISORY COMMITTEE District 2 Cloud to Market,LLC 434 Louisiana Ave. Corpus Christi TX 361-533-6771 Water System Citizen At-Large or Large Commercial Customer of Citys Water Faren K.Von Duben WATER RESOURCES ADVISORY COMMITTEE District 5 Valero Refining 1147 Cantwell Lane Corpus Christi TX System Citizen At-Large or Residential Customer/Home Owner of City's Larry L.White WATER RESOURCES ADVISORY COMMITTEE District 5 AIISourcePPS 16371 Beach Blvd. Huntington Beach CA Water System CITY OF CORPUS CHRISTI Submit Date: Dec 15, 2016 Application for a City Board, Committee, or Commission Profile Dr Robbie t Foster Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? WATER RESOURCES ADVISORY COMMITTEE: 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 PPG industires retired retired Senior Chemist Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Work Address-Zip Code Dr Robbie t Foster Work Phone rfoster@grandecom.net 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) PHD in Chemistry, 13 years industrial senior chemist, transportation advisory committee for 6 years. Sailor for 23 years. moved to Corpus Christi in 1964. Why are you interested in serving on a City board, commission or committee? Registered Voter? YesNo Current resident of the city? r. Yes No 50 If yes,how many years? Upload a Resume Please upload any additional supporting documents Dr Robbie t Foster 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 Dr Robbie t Foster 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 WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Residential Customer and Home Owner of City's Water System Dr Robbie t Foster CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2016 Application for a City Board, Committee, or Commission Profile Marc Gonzalez Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 Primary Phone Alternate Phone DEPT. OF THE ARMY, DIRECTOR, CORPUS CHRISTI ARMY INFRASTRUCTURE DEPOT OPERATIONS 308 CRECY Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TX Work Address-State Marc Gonzalez 78419 Work Address-Zip Code 361-961-0082 Work Phone Work E-mail address Preferred Mailing Address r Home/Primary Address r 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) MBA, TAMU-CC - IN PROGRESS; MASTER OF AERONAUTICAL SCIENCE, ERAU, 2006; BA, UTSA, 1996; COMMISSIONED OFFICER US AIR FORCE 1990-2008; RESPONSIBLE FOR ALL FACILITIES, CONSTRUCTION, ENVIRONMENTAL AND WASTEWATER TREATMENT; LEADERSHIP CORPUS CHRISTI - CLASS 39, 2011. Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes (- No Current resident of the city? r Yes r No 5 If yes,how many years? Marc Gonzalez Upload a Resume Please upload any additional supporting documents Demographics fJ 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 Marc Gonzalez 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. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw I Agree Board -specific questions (if applicable) Marc Gonzalez Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * IW Residential Customer and Home Owner of City's Water System i' Military Facility Representative Marc Gonzalez CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Committee, or Commission Profile Prefix Craig First Name Email Address C Middle Initial Hebner Last Name Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * 1? District 1 Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager Employer Job Title 4242 Baldwin Blvd Work Address - Street Address and Suite Number Craig C Hebner Corpus Christi Work Address - City Texas Work Address - State 78405 Work Address - Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.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: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Registered Voter? Yes r No Current resident of the city? Yes c No Craig C Hebner 37 If yes, how many years? Craig Resume 5-1-16 2 .docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IP' Caucasian/Non-Hispanic Gender V 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 Craig C Hebner 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. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 1W None of the above Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? Yes No 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? r Yes •No Craig C Hebner Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r: Yes r No Question applies to CLEAN CITY ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * i None of the above Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? cYes ` No Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes No Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * IW Residential Customer and Home Owner of City's Water System Craig C Hebner Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015 — Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress / cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out • Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 — January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel, job site equipment, and materials needed • Prior to arrival on job site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids 2009-2012 Lead Engineer Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well -bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Combat Lifesavers Course Combat Controller Basic EMT Course Range Safety Officer Heavy Equipment Operators Course School of Infantry Marine Corps Leadership School Flight Deck Safety Course Crane & Riggers Course Offshore Safety Certification A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification Tetra Mud School Tetra Well Control School Fluid Engineer School Defensive Driving Plant Operations Course PEC SafeGulf PEC SafeLand Offshore Safety Certification IADC Global Leadership Course Forklift Certification Rig Pass HSE Safety References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: May 21, 2016 Application for a City Board, Committee, or Commission Profile Steven R McClure Sr, Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? WATER RESOURCES ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * IW District 1 Primary Phone Alternate Phone HAUSMAN FOODS, LLC Employer 4261 BEACON Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78405 Work Address - Zip Code Steven R McClure Sr, PRESIDENT/CEO Job Title Suite or Apt State Postal Code 361-883-5521 Work Phone steven.r.mcclure@att.net 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: Building code board of appeals Education, Professional and/or Community Activity (Present) SEE ATTACHED CV Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes r No 25 If yes, how many years? MCCLURE.pdf Upload a Resume Please upload any additional supporting documents Steven R McClure Sr, 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 Steven R McClure Sr, 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 WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Residential Customer and Home Owner of City's Water System Large Commercial Customer of City's Water System 1� Wholesale Raw or Treated Water Customer of City's Regional Water System IJ Apartment Owner or Owner's Representative Steven R McClure Sr, Steven R. McClure, Sr. 63 years old, born in Lawrence, KS. November 18, 1951 Graduated accounting Emporia State University '73 Graduate work : ESU (24 hours business) Texas A&M — Commerce (Risk Management) , TXA&M Corpus Christi (International Business) Active in the food industry since '71 Tyson (IBP), Swift (JBS) experience ConAgra IOC Senior Executive — listed in '98 and '99 stockholders report Hausman Foods 1991-1998, 2002 to present Training seminars include broker management, team building ropes course, Zig Ziglar, Stevens Sales Training, Karass Negotiating, Tony Robbins Masters University, Date with Destiny, Life Mastery Journey to Damascus participant, Upward Basketball coach Memberships - Corpus Christi Regional Development Commission, Texas Dairy Queen Vendors Council '09 —'11, Southwest Meat Packers Association, National Rifle Association, National Association of Wholesalers, Texas Restaurant Association Bilingual — Spanish Owner member Hausman Foods since 2005 $30 million in sales, 120 employees, 75th year in operation, 2 locations, top 100 meat processor in the nation, export / import Previous ownership positions include Millennium Foods (Food processing) , Diamond M Ranch (cow/calf operation); Bar B Ranch (Food Processing) Managing Member - Acacia SSA, LLC (real estate investments, used equipment, and food operations consulting) Member - South Texas Cold Storage, LLC (real estate investments, cold storage operations) Two active advisory board memberships, Three active board memberships, Two active consulting positions I enjoy historical fiction and non- fiction, family time, sports, church Married: 3 children 36, 33, 30 and 2 children 13 and 9. Excellent health 6'1%:-,240pounds. gPii'• CITY OF CORPUS CHRISTI Submit Date: Mar 06, 2017 Application for a City Board, Committee, or Commission Profile Leah Tiner Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? WATER RESOURCES ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * IW District 2 Primary Phone Alternate Phone Cloud to Market, LLC Operations Manager Employer Job Title 434 Louisiana Ave Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78404 Work Address - Zip Code Leah Tiner Suite or Apt State Postal Code 3615336771 Work Phone Leahrand@cloudtomarketllc.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) Associate Degree Psychology York House Mentor Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes r No 4 If yes, how many years? Leah Tiner CC 030617.doc Upload a Resume Rand Recommendation 12 27 2016.pdf Please upload any additional supporting documents Leah Tiner Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender w 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 Leah Tiner 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 WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * TJ Residential Customer and Home Owner of City's Water System Leah Tiner Leah Tiner Summary Expert in project management and the understanding of the construction process from inception to completion. Proficient in proposal evaluation and response, including budget tracking and financial value review. Expert at document control ensuring proficient and productive daily operations. Skilled in communications, timeline management and operations experience. Well versed in motivating and focusing team on project goals. Dedicated to the value of promoting the company's reputation and maintaining good public relations with suppliers, subcontractors, engineers, architects, and owners. Professional Experience Cloud to Market, LLC. Operations Manager — Corpus Christi, TX Basic Industries Payroll Manager — San Antonio, TX DD&B Construction Office Manager — San Antonio, TX Hull Door Administrative Assistant/Estimator/Project Manager, San Antonio TX Feb. 2014 — Present July 2012 — Feb. 2014 Sept. 2009 — Apr. 2011 Oct. 2008 - Aug. 2009 FaulknerUSA Feb. 2006 — July 2008 Contract Manager/Assistant Project Manager/Preconstruction Coordinator, Austin, TX O'Haver Contractors Project Administrator/Engineer, San Antonio TX Law Offices of Jaay D. Neal, P.C. Legal Assistant, San Antonio, TX Judson Independent School District Facilities Planning Secretary to Director of Facilities, San Antonio, TX Judson Independent School District Police Department Secretary to Chief of Police, Converse, TX Education: A&M Consolidated High School, College Station, TX University of Phoenix: Associate of Arts Training & Certifications Microsoft Project Dec. 2004 — Feb. 2006 Feb. 2004 — Dec. 2004 Nov. 2001 — Jan. 2004 Dec. 1998 — Nov. 2001 May 1984 Feb. 2011 Microsoft Excel Microsoft Word Microsoft Outlook Quickbooks Primavera Expedition 8.0-9.0 BidFaxPro Suretrak 3.0 ICE 2000 Sage Timberline Office Other Experience School Volunteer for Northern Hills Elementary School Volunteer for Crestview Elementary TLETS and NCIC/TCIC Training NCIC/TCIC Full Access Operator Crisis Communication Training Post Committee Member for Law Enforcement Explorers Post Volunteer for Region XX School Bus Safety Rodeo Vote Yes Committee for JISD Bond Election Office of Attorney General Presumptive Eligibility Training Converse Citizens Police Academy Member Converse Citizens Police Academy Alumni Association City of Converse Parks and Recreation Committee Understanding & Promoting the Well-being of Vulnerable Children References Available upon request fritschworks PRECONSTRIICTION + ANALYSIS. + STRATECY December 27, 2016 Leah Tiner Rand RE: Professional Letter of Reference To Whom It May Concern: My name is J.R. "Bob" Fritsch, Jr. and I was the Vice President of Preconstruction and Development, FaulknerUSA, when I worked with Mrs. Rand at the aforementioned company. Notwithstanding Mrs. Rand's resume, it became immediately apparent through our initial conversations that Mrs. Rand was highly intelligent, well versed in current affairs and ready and willing to accept any challenges that I and/or FaulknerUSA would put forth. Although Mrs. Rand was initially hired as a Field Engineer for the Grand Hyatt in San Antonio, I was able to keep her in my Preconstruction and Development Department as she demonstrated excellent communication skill sets which included very unique writing and speaking abilities. Mrs. Rand's abilities were unique in that she exhibited a very strong knowledge of the various means, methods and specific verbiage exclusive to the Development community, although she had no professional experience. I was in the process of preparing a team of Preconstruction and Development professionals from FaulknerUSA to assist me in a project in Cairo, Egypt. Mrs. Rand had so impressed me with her maturity and motivation that I had included her in my request for human resources. Mrs. Rand was included in the Cairo project and I strongly believe the project and its team benefited from her being there. I believe one of the most telling comments regarding Mrs. Rand's attributes is a comment that Mark Schultz, Owner and CEO of FaulknerUSA, made to me while I was in Egypt. I am paraphrasing his comments; essentially, he commented to me that Mrs. Rand was one of the best resources I had ever hired and that I should not be surprised to find myself working under her direction in the future. It is with great pleasure that I provide this Letter of Professional Reference for Mrs. Rand. I can think of no one I have been involved with who has shown more promise or who has demonstrated to me the intellectual ability needed to succeed in this industry. Mrs. Rand is highly motivated; she is the incarnate professional. I can attest to both her character and her personality and assure you that Mrs. Rand's work ethics are beyond compare. Regards, (7-k Sob fit tsch, JY J.R. "Bob" Fritsch, Jr. Owner and Founder Fritschworks http://www.fritschworks.com CITY OF CORPUS CHRISTI Submit Date: Jun 07, 2017 Application for a City Board, Committee, or Commission Profile Faren K Prefix First Name Middle Initial Email Address Von Duben Last Name Which Boards would you like to apply for? WATER RESOURCES ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 5 Primary Phone Alternate Phone Valero Refining Employer 1147 Cantwell Lane Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78407 Work Address - Zip Code Faren K Von Duben Associate Environmental Engineer Suite or Apt State Postal Code Work Phone Faren.vonduben@valero.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: Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? To keep informed with the latest news and technologies of the city's water systems. Registered Voter? rYes cNo Current resident of the city? r Yes c No 3 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Faren K Von Duben Ethnicity I7 Hispanic Gender • 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 Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V" I Agree Faren K Von Duben 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 WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * TJ Large Commercial Customer of City's Water System Faren K Von Duben CITY OF CORPUS CHRISTI Submit Date: Jul 16, 2017 Application for a City Board, Committee, or Commission Profile Prefix Larry First Name Email Address L Middle Initial White Last Name P.E. Suffix Which Boards would you like to apply for? WATER RESOURCES ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 5 wialinNan. Primary Phone AIISourcePPS Employer 16371 Beach Boulevard Work Address - Street Address and Suite Number Huntington Beach Work Address - City California Work Address - State 92647 Work Address - Zip Code Larry L White P.E. Alternate Phone Consulting Engineer - Part Time at Chemours Suite or Apt State Postal Code Work Phone Larry.L.White.PE@gmail.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: None Education, Professional and/or Community Activity (Present) M.S. Degree in Chemical Engineering M.S. Degree in Environmental (Civil) Engineering Part Time consulting engineer at Chemours in Ingleside,Tx (AllSource contractor) Member Veterans Band of Corpus Christi Member Corpus Christi Bucaraders Have volunteered weekends for KIROS-Outside Member Texas Society of Professional Engineers Why are you interested in serving on a City board, commission or committee? I am semi -retired and have lived in Corpus Chrisit for over 30 years. Corpus Christi is my home and I want to serve my community for the good of all. I believe my background in engineering would be a benefit for this committee. Registered Voter? Yes r No Current resident of the city? Yes c No 30 If yes, how many years? RESUME FOR LARRY 14.pdf Upload a Resume Larry L White P.E. Please upload any additional supporting documents Demographics I 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. 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 Larry L White P.E. 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 WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * TJ Residential Customer and Home Owner of City's Water System Larry L White P.E. RESUME FOR LARRY L. WHITE EDUCATION July 16, 2017 Married Age: 66 Born: May 12, 1950 March, 1972 Bachelor of Science in Chemical Engineering from Louisiana Tech University in Ruston, Louisiana. August, 1973 Master of Science in Chemical Engineering from Louisiana Tech University in Ruston, Louisiana. Received a Texaco Research Fellowship for my M.S. Degree in Chemical Engineering. May, 1976 Master of Science in Environmental (Civil) Engineering from Memphis State University in Memphis, Tennessee. 1995 to Part time graduate student in mathematics at Texas A&M University in 2000 Corpus Christi. DUPONT WORK HISTORY 2012 to Present I presently work as a part time contract engineer (AllSourcePPE) for DuPont (now Chemours) . In this position I am mentoring new engineers and doing other consulting work. 2007 to 2012 I was assigned to the HFC -152a Process as the Process Engineer. In this position, I ran process tests for energy conservation, product quality, and reactor optimization. I was also assigned to DuPont's Highly Toxic Material (HTM) C12 Guardian Committee. My responsibly was to ensure that the Corpus Plant met the DuPont Standards for the safe handling of C12. I also audited other DuPont sites (one site was in Asia) for compliance with the DuPont Standards for C12. 2006 to 2007 Took a leave of absence from DuPont to teach full time at Texas A&M Corpus Christi. 2001 to 2006 I provided the technical support for HFC -134a Process at the DuPont Corpus Plant. My responsibilities included process tests, optimization, and product quality. 2000 to 2001 Project Team Leader for a new pharmaceutical product at the DuPont Corpus Christi Plant. I managed the design, construction, and start up of the new system. I was responsible that this system complied with the Food & Drug Administration (FDA) regulations. 1992 to 2000 I was assigned to the start up team for a 2' HFC -134a Process, I worked as a shift engineer and then became the technical lead for this new process. In 1995, in addition to my other responsibilities, I was assigned as the Plant Process Hazards Analysis (PHA) Champion for the Corpus Christi Plant. My responsibility was the coordination of the Plant's PHA program. 1988 to 1992 In 1988 I was assigned to the Project Team to design and build the world's first HFC - 134a Manufacturing Facility. This project was in response to the Montreal Protocol (i.e., the ozone depletion issue). Using lab reports and a computer generated flow sheet, I prepared the basic data and design for the middle part of the process. After start up I monitored the process performance, ran process tests, evaluated product quality, provided general support to operations, and followed two expansion projects. 1985 to 1988 In 1985 I transferred to the DuPont Corpus Christi Plant and was assigned to the Aqueous HC1 Process. This work involved equipment modifications and process optimization. 1982 to 1985 From 1982 to 1985, I was the Plant Environmental Coordinator at the DuPont Montague Plant in Michigan This involved permit applications, environmental reports to the State & EPA, compliance monitoring, hazardous waste, air emission inventories, etc. 1973 To 1982 My first assignment was as a process engineer at the DuPont Memphis Plant where I evaluated distillation column performance. I later moved to the Cyanide Waste Treatment System. My last assignment at the Memphis Plant was in the environmental group. In this position I prepared the plant's RCRA permit application and assisted in the preparation of the Plant's NPDES permit application. WORK HISTORY WITH PINKERTON For 6 months in 1972, I worked as a construction gate guard at a chemical plant in Baton Rouge, Louisiana. This included shift work on weekends for the main gate and main office building. WORK HISTORY AT TEXAS A&M -CORPUS CHRISTI (TAMUCC) During 2006/2007 I was a Visiting Professor at TAMUCC in the Engineering Technology Department. I taught thermodynamics, heat transfer, fluid mechanics, material science, engineering economics, and manufacturing systems. I also organized the safety rules in the Engineering Technology labs. I received a certificate of appreciation by the Program Coordinator when I left TAMUCC to go back to DuPont. From 2001 to 2006 I was a part time Adjunct Professor at Texas A&M -Corpus in the Engineering Technology Department teaching thermodynamics and heat transfer. WORK HISTORY AT TEXAS A&M-KINGSVILLE (TAMUK) I was a part time Adjunct Professor in the Department of Chemical Engineering, Spring 2014, teaching heat transfer and thermodynamics. I helped start the Engineering Advisory Council for the Dotterweich College of Engineering, Kingsville, and am a Past Chairperson of this Council. WORK HISTORY AT DEL MAR COLLEGE I have been a part time instructor in the College's Corporate Services Department. I have taught an Introduction to Corrosion Course and a Technical Writing course at the metal plating shop (Army Depot) for their new technicians. MILITARY HISTORY Member of the Coast Guard Reserve from June, 1968, to June, 1974. Honorable Discharge at the rank of Engineman Second Class. PROFESSIONAL ACTIVITIES AND HONORS DuPont 2003 Engineering Excellence Honoree I obtained my Tennessee P.E. License in 1978 and am now a Registered Professional Engineer in Texas. Member of the American Institute of Chemical Engineers (AIChE). I am a past member of the Safety & Chemical Engineering Education Program (SAChE). This sub- committee works with engineering professors on including safety topics in their courses. Member of the Texas Society of Professional Engineers (TSPE). I'm the past President for the local TSPE Chapter. I am presently a State Director for TSPE. I've participated in the Society's Math Counts program which helps middle school students become interested in math and engineering. COMMUNITY ACTIVITIES Member of the Corpus Christi Veterans Band Past Member of the Corpus Christi Ethics Commission Member of the Corpus Christi Bucaraders Volunteer for KIROS Outside. Ran for Del Mar Board of Regents (Nov. 2012) and came in 2nd in a field of 4. Ran for Mayor (Special Election, 2017) and came in 3nd in a field of 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 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 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 /ke43 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 p yCo 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 yCoo y 41 , 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 ka 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 R26r ,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 BSZ01-j n 'N3No-'1 wv fl'l-Fd 51.vos., 1oI1V1yods�Nv01,�61-FlorA t-1 113'>1?Jn9 - OaVN0a1VW wof)od /O01003 )O 0,,,p0 Cl1d0 SVX31 I1S12 HO SOdHOO 10 ADO 3sn ONV1 Nlsln SldWVO 3aISH1flOS 3031109 LIVW 12a 3,0 3,0 'ON NOISIA1,1 SHEET 1 OF 2 3N1g HN1bW 1 00 X NO0E1 GRICULTURE GRICULTURE 11 b0 XN021 B) 08 1V11N301510 1NVOV0 1V11N301532i 1Vo03WW00 1NVJV0 CC 1V102i3 WW00 RESIDENTIAL RESIDENTIAL �l� + 30 NV211N3 N21Vd 111V 1118 30VNIV010 0018 N02121V1,110 ORK CROSSING BLVD 1V11N301532i 1 0018 N021211.09 c OJ BSZ01-j n 'N3No- dd1 wv zfls�l-Fd , IOI1V1yc�ds�NV2111v3��11131111 „sl��t-I 113�?Jn9 - OaeNoa1VW wOJoala 1,3.03 )O 0,3LupOdd0 SVX31 11SI Ho sndaoo }a Al/0 ]sn aN� Nisin Sf1dWVO 341SH1flOS 3J311OO aVW 13a 1- m_ 2 X W 0 W N NI H�1dW 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 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 Building Standards Board Hearing Appeal - July 25, 2017 DATE: July 13, 2017 TO: Margie C. Rose, City Manager FROM: Anthony Sanders, Captain - Neighborhood Services/K9, Police Department (AnthonyS@cctexas.com) (361.826.2691) Liza Lopez, Supervisor — Code Enforcement Division, Police Department (Lizac@cctexas.com) (361.826.3043) Building Standards Board Hearing Appeal for 1203 Sabinas Street CAPTION: Resolution denying Adriana Jimenez, aka Adriana Orozco's appeal, thereby upholding Building Standards Board order to demolish the buildings and structures on the property located at 1203 Sabinas Street. PURPOSE: Mr. Jose Raudel Orozco has requested the City Council hear and consider an appeal of a decision of the Building Standards Board regarding property located at 1203 Sabinas Street. BACKGROUND AND FINDINGS: On June 1, 2016, due to the substandard and dilapidated condition of the residential and accessory structures at 1203 Sabinas Street, a hazard to the health, safety, and welfare of the public is henceforth declared. The Building Standards Board ordered the structures at 1203 Sabinas to be removed or demolished by owner, lien holder or mortgagee within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Per Section 13-24 of the Code, an owner or occupant may appeal a decision of the board to the city council. Jose Raudel Orozco submitted a notice of appeal in writing on August 10, 2016, within 30 days of the board's decision. The City Charter, Article VI, Section 2 states that appeals shall be perfected by filing a sworn notice of appeal with the city secretary within thirty (30) days from the date of the decision. In addition, Section 13-24(b), of the Code states that all orders of the Board regarding this property are to be suspended pending a decision on this matter by the City Council. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to deny the appeal (uphold the Building Standards Board order) or to sustain the appeal (reversing the Board's order in whole or in part). Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the city council to vary the application of any provision of this Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the city council was rendered. OTHER CONSIDERATIONS: Not applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Building Standards Board — Code Enforcement, Police Department Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable RECOMMENDATION: Deny the appeal by approving the proposed resolution (uphold the Building Standards Board order to demolish the property located at 1203 Sabinas within 30 days.) LIST OF SUPPORTING DOCUMENTS: 1. Resolution - Affirming the Building Standards Board order to demolish the property located at 1203 Sabinas Street within 30 days. 2. Final Order of the Building Standards Board Case No. 64065-010616 3. Minutes of Building Standards Board Meeting July 28, 2016 4. Case Timeline & City Abatement Costs for 1203 Sabinas Street 5. Location Map & 1203 Sabinas Street Aerial Photo 6. Evidence Photos 7. Notice of Appeal — Jose Raudel Orozco 8. Notice of City Council Meeting - Building Standards Board Appeal rrvabaergv 1862` RE: NOTICE OF CITY COUNCIL MEETING: BUILDING STANDARDS BOARD APPEAL JULY 25, 2017 AT APPROXIMATELY 2:00 P.M. 1203 SABINAS ST. LEGAL DESCRIPTION: LA BAHIA LT 11 BLK A OWNER: JOSE RAUDEL OROZCO 1203 SABINAS ST. CORPUS CHRISTI, TX 78405-2331 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7016 3560 0000 0410 0599 Notice is hereby given that the City of Corpus Christi City Council the Building Standards Board Appeal regarding the above listed property on JULY 25, 2017 in the COUNCIL CHAMBERS located at CITY HALL, 1201 LEOPARD, CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "Appeal" may heard at any time during the regularly scheduled meeting. NOTICE TO PERSON LISTED ABOVE AS OWNER: According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you, The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 10th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. (1) A decision of the city council to vary the application of any provision of this code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallowance of the board or varies the application of any provision of this code, or the Corpus Christi Property Maintenance Code, the code official shall immediately take action in accordance with such decision. (c) The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within 15 days from the date on which the decision of the city council was rendered. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Commander David Blackmon at (361) 886-2682. Sincerely, Commander David Blackmer—_ Corpus Christi Police Department Code Enforcement Division Attachments: Affidavit of Non -Ownership STATE OF TEXAS COUNTYOF NUECES SWORN AND SUBSCRIBED BEFORE ME BY COMMANDER DAVID BLACKMON, A CREDIBLE PERSON, THIS F L- DAY OF julL, , 2017. ......t,,VV,;`.:,,,,,, LAZA M'.CHELE LOPEZ `� Notary Public, State of Texas ': rc Comm. Exp res 10.11-2020 L:2221,111 �`` Notary IQ '10621142 NOTARY PUBLIC, STATE OF TEXAS AFFIDAVIT OF NON-OWNERSIIIP THE STATE OF TEXAS COUNTY OF NUECES According to the real property records of Nueces County, you own the real property de- scribed in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and the last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office no later than the 20th day after the date you received this notice. If you do not return the affidavit, it will be presumed that you own the property described in this notice, even if you do not. I/We (name): no longer own the property located at 1203 SABINAS ST and more particularly described as (legal description): LA BAHIA LT 11 BLK A which is located in Corpus Christi, Nueces County, Texas. I/We sold the property to (name): Street: City, State, Zip: (Signed) THE STATE OF § COUNTY OF § This instrument was sworn to and subscribed before me on this the day of , 20 , by (name) Notary Public Printed Name: My commission expires: Return by Personal Delivery or Certified Mail, Return Receipt Requested to: Code Enforcement — Case Number: V064065-010616 City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 Resolution denying Adriana Jimenez, aka Adriana Orozco's appeal, thereby upholding the Building Standards Board order to demolish the buildings and structures on the property located at 1203 Sabinas Street. Whereas, the Building Standards Board (the "Board") held a public hearing on July 28, 2016, at 1:30pm regarding property located at 1203 Sabinas Street and after making certain findings ordered the structure or premises be removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days pursuant to the attached Final Order of the Building Standards Board Case No. 77844-120816; and Whereas, the owner of 1203 Sabinas Street (the "Appellant") filed a written notice of appeal of the Board's order with the City Secretary's Office on August 10, 2016, in accordance with Section 13-24(a) City of Corpus Christi Code of Ordinances (the "Code") and Article VI, Section 2 of the City Charter (the "Charter"); and Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore this Council properly has jurisdiction of this appeal; and Whereas, after hearing the evidence, the City Council makes the following findings related to the property located at 1203 Sabinas Street: 1. The Code Enforcement division of the Police Department complied with the procedural requirements for eliminating substandard conditions pursuant to Section 13-22 of the Code; and 2. The Board held a public hearing on July 28, 2016, at 1:30pm. The owner did not appear, as he is deceased. However, Adriana Jimenez and Mayra Orozco, both daughters of the owner, and heirs to the owner's estate appeared on behalf of the owner. Adriana Jimenez and Mayra Orozco informed the Board that all of the heirs/siblings cannot come to an agreement as to equally sharing in the responsibility for the property. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board found that the structure or premises could not be repaired because of the refusal of the owner or its intrinsic state of disrepair or both and is dilapidated or substandard and ordered ordered removal or demolition by the owner, lienholder or mortgagee, within 30 days; and 3. The walking surface of an aisle, passageway, stairway, exit or other means of egress of the buildings and structures is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 4. The buildings and structures are clearly unsafe for its use and occupancy and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 5. The buildings and structures are neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structures to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building and structure for committing a nuisance or an unlawful act and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 6. The buildings and structures, intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay or otherwise is determined by the code official to be unsanitary and unfit for human habitation and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 7. The buildings and structures, because of a lack of sufficient or proper electrical system or other cause, is determined by the code official to be a threat to life or health and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 8. The photos attached of 1203 Sabinas Street further support the finding that the buildings and structures are dangerous and substandard; and 9. Pursuant to Section 101.3 of the CCPMC the spirit and purpose of the Code is to ensure public health, safety and welfare of the residents of this City insofar as they are affected by the continued occupancy and maintenance of structures and premises; and 10. The Appellant has not alleged or establish that an error was committed by the Board; and 11.The Appellant has failed to establish that the Board's decision would have caused undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Council declares the recitals in the above paragraphs are true and correct. Section 2. The Appellant's appeal is hereby denied. Section 3. The Board's attached order requiring the owner, lien holder or mortgagee to demolish the buildings and structures on the property located at 1203 Sabinas Street is upheld. Section 4. Not applicable unless amendment is made to specifically adopt in place of the aforementioned Sections 2 and 3: The Board's attached Order is modified as follows: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. 64065-010616 RE: 1203 Sabinas LOT: 11 BLOCK: A ADD' N: La Bahia Property Owner(s) OWNER: Jose Raudei Orozco ADDRESS: 1203 Sabinas CITY STATE ZIP- Carpus Christi, Texas 78405 This final order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances ("Code') and the Texas Local Government Code. On July 28, 2016, the City of Corpus Christi Building and Standards Board held a public hearing and made the follow ng findings regarding the building located at the above referenced property 1. Pursuant to the provisions of Chapter 13 of the Code, on January 6, 2016 an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On January 7, 2016 a notice of violation(s) and request to correct the violation(s) was sent to the owner and all known interested parties. Additionally, on June 6, 2016 and June 7, 2016 notice of violation(s) was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s) was provided and such violation(s) were not cured; 4. Code Official, Diana T. Garza, filed a complaint with the Chairman regarding the above listed property on February 8, 2016, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; ested parties on July 13, 2016 ch 5. Noten daof pthe pubto theipearing ublic hearing. s nt to the owner and all known Additionally, on July 13, 2016 andrJuly 14, 2016 notice of the public `he was was ten day prior top posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished, the owner is ordered to remove personal property from the premises within 30 days. If such items of personal are not removed from the premises within 30 days, they shall be placed in storage for a period of 90 days. During this period they may be redeemed by the owner after all costs incurred In placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board further finds: _ The substandard building shall be ordered secured by the owner, lien holder or mortgagee from unauthorized entry within 30 days. OR The substandard building or structure can reasonably be repaired by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within thirty (30) days. Repairs must be in compliance with City Ordinance Section 13-22 (G). The substandard building or structure can reasonably be repaired by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within (31 days to 90 days) days. Repairs must be in compliance with City Ordinance Section 13-22 (G). Further, the owner, lien holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and work shall be commenced and performed in accordance with the time schedules established by the Board, to wit: _ The substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty (30) days. The substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within days. Work shall be commenced and performed in accordance with the time schedules established by the Board, to wit: ✓ The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days. The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee, within , (31 days to 90 days) days. OR ailed laand time le for the work and the owner, en The Board finds that the owner, lien holder or that the work cannot greasoably be comp'e edtwithi p9 ^days because ofuthe scope and complexity of the work; Eder wo k or mortgagee has estab s therefore: Or The owner, lien holder or mortgagee Is •equired to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work, to wit' The owner, lien holder or mortgagee shall report monthly to the code enforcement office with progress reports. The above listed property, :nc.uding structures or improvements on the property, exceeds S100,000, in total value the owner, Len holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the bulld.ng or structure not later than the 3e day from the date of this order. Joel De La Garza Lee R. Hassman Matthew Ezel Gary K Adams FO - 'i AGAINST Tim Honea O AGAINST AGAINST Craig S. Loving 0 /AGAINST /AGAINST Dante C. Miller FOR/AGAINST AGAINST ered thi 28`k day of July, 2016. itil Sig - : under .1.� Chairperson rity of the Board: Filed .. City Secretary DATE TIME 3:57 r Date :57P►Date Filed ?Tip Rebecca Huerta City Secretary Signed under the authnrity of the Boars: Vice -Chairperson 186 PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2017 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 DATE: July 28, 2016 Code Enforcement Division Police Department CERTIFIED LETTER # 7015 3430 0000 0819 0245 OWNER: Jose Raudel Orozco ADDRESS: 1203 Sabinas CITY STATE ZIP: Corpus Christi, Texas 78405 RE: 1203 Sabinas ADD' La Bahia LOT: 11 BLOCK: A The Building Standards Board met at 1:30 p.m., Thursday, July28, 2016 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A final order of the Board's decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of the enclosed order. The owner or occupant, or his/her duly authorized agent, may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board, appeal must first be perfected to the City Council. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the City Council was rendered. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at (361) 826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: Board Order Case number: 64065-010616 P.O. Box 9277 Corpus Christi, Texas 78469-9277 • (361) 826-3046 • http://www.cctexas.com/ FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. 64065-010616 RE: 1203 Sabinas LOT: 11 BLOCK: A ADD' N: La Bahia Property Owner(s) OWNER: Jose Raudel Orozco ADDRESS: 1203 Sabinas CITY STATE ZIP- Corpus Christi, Texas 78405 This final order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances ("Code") and the Texas Local Government Code. On July 28, 2016, the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code, on January 6, 2016 an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On January 7, 2016 a notice of violation(s) and request to correct the violation(s) was sent to the owner and all known interested parties. Additionally, on June 6, 2016 and June 7, 2016 notice of violation(s) was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s) was provided and such violation(s) were not cured; 4. Code Official, Diana T. Garza, filed a complaint with the Chairman regarding the above listed property on February 8, 2016, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on July 13, 2016 which was at least ten day prior to the public hearing. Additionally, on July 13, 2016 and July 14, 2016 notice of the public hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished, the owner is ordered to remove personal property from the premises within 30 days. If such items of personal are not removed from the premises within 30 days, they shall be placed in storage for a period of 90 days. During this period they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board further finds: The substandard building shall be ordered secured by the owner, lien holder or mortgagee from unauthorized entry within 30 days. OR The substandard building or structure can reasonably be repaired by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within thirty (30) days. Repairs must be in compliance with City Ordinance Section 13-22 (G). The substandard building or structure can reasonably be repaired by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within (31 days to 90 days) days. Repairs must be in compliance with City Ordinance Section 13-22 (G). Further, the owner, lien holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and work shall be commenced and performed in accordance with the time schedules established by the Board, to wit: The substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within _ days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty (30) days. The substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within _ days. Work shall be commenced and performed in accordance with the time schedules established by the Board, to wit: _V The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days. The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee, within _ (31 days to 90 days) days. OR The Board finds that the owner, lien holder or mortgagee has submitted a detailed plan and time schedule for the work and the owner, lien holder or mortgagee has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore: The owner, lien holder or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work, to wit: The owner, lien holder or mortgagee shall report monthly to the code enforcement office with progress reports. The above listed property, including structures or improvements on the property, exceeds $100,000, in total value the owner, lien holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30th day from the date of this order. Joel De La Garza Lee R. Hassman Matthew Ezell Gary K. Adams AGAINST Tim Honea O /AGAINST AGAINST Craig S. Loving O /AGAINST AGAINST Dante C. Miller FOR/AGAINST AGAI NST Orered thi 28th day of July, 2016. I tTl 1,. Sig -. under . rity of the Board: Chairperson Filed .. City Secretary DATE TIME 3:57 Iv— Date Filed 71P1/i- Signed under the authority of the Board: Vice -Chairperson Rebecca Huerta City Secretary Minutes Building Standards Board Council Chambers, City Hall July 28, 2016 @ 1:30 p.m. I. CALL TO ORDER The meeting was called to order by Matthew Ezell at 1:38 P.M. in the Council Chambers on the first floor of City Hall. II. ROLL CALL Board Members Present Joel De La Garza Matthew Ezell Lee R. Hassman Craig S. Loving Tim Honea Gary K. Adams Staff Present Tracey Cantu, Code Enforcement Administrator, Police Diana T. Garza, Code Compliance Officer/Liaison, Police Glenda Doner, Senior Account Clerk, Police Rachel Ramirez, Senior Account Clerk, Police Yvette Aguilar, Assistant City Attorney III. Board Members Absent Dante C. Miller IV. MINUTES A motion was made by Lee R. Hassman and seconded by Craig S. Loving to approve the minutes of the Regular Meeting of May 26, 2016. A roll call vote was taken and the motion passed unanimously. V. STAFF REPORT The Staff Report was presented to the Board for discussion and information regarding cases for 2015 to present. Board members were updated on cases at 4501 Mokry Drive, 5029 Williams Drive and 3769 Wilson Drive. The cases for 4501 Mokry Drive and 5029 Williams Drive have been upheld by the City Council Board Members. Staff will proceed with the order given by Building Standards Board members for the case at 5029 Williams Drive to demolish and will give notice stating the request for more time has been denied. VI. PUBLIC COMMENT A motion was made by Matthew Ezell to open the floor for public comment. As there was no response, Matthew Ezell closed the public comment. VII. OLD BUSINESS 1. 2710 Elizabeth St., Repairs (48%) & Accessory (43%) (BALDWIN PARK BLK 7 LOT 31) STAFF RECOMMENDATION: To Table this case APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Gary K. Adams to accept the staff recommendation to Table this case. A roll call vote was taken and passed unanimously. 2. 2217 Nogales St., Demolition (54%) (SAN DEIGO UNIT NO 1 LT 2 BK 5) STAFF RECOMMENDATION: To Table this case until the new owners can be determined APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Gary K. Adams to accept the staff recommendation to Table this case. A roll call vote was taken and passed unanimously. VIII. NEW BUSINESS 1. 2609 David St., Demolition of detached Accessory Structure (61%) (SOUTHWEST HEIGHTS LT 6 BLK 4 AND POR OF ALLEY STAFF RECOMMENDATION: Pull this case from the hearing; structure demolished by owner APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: No motion was made by board members for this case since the property owner has demolished the dilapidated accessory. 2. 1505 Coahuila St., Demolition (53%) & Accessory (55%) (LOS ENCINOS BLK D LOT 10) STAFF RECOMMENDATION: Table this case from the hearing to notify all heirs APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Joel De La Garza and seconded by Gary K. Adams to accept the staff recommendation to Table this case. A roll call vote was taken and passed unanimously. 3. 3449 Lawnview Dr., Demolition (56%) & Accessory (52%) (P A CLIFFS N15' OF LT 5 ALL OF LTS 6 THRU 10 BLK 614) STAFF RECOMMENDATION: Table this case from the hearing to notify all heirs APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Lee R. Hassman and seconded by Joel De La Garza to accept the staff recommendation to Table this case. A roll call vote was taken and passed unanimously. 4. 4901 Valley Mill Dr., Demolition (51%) (CLUB ESTATES UNIT 3 LT 48 BK 3) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration AMENDED RECOMMENDATION: To table this case to give potential buyer time to close on purchase of home. APPEARING IN FAVOR: George Pollakis and Lisa Pollakis APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Gary K. Adams to accept the staff recommendation to Table this case. A roll call vote was taken and passed unanimously. 5. 207 Spruce St., Demolition Residence (56%) & Accessory (50 %) (MONTE VISTA LTS 4 & 5 BK 5 E STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: Diana Linan and Manuel Alvarez APPEARING IN OPPOSITION: 0 Motion: A motion was made Lee R. Hassman and seconded by Craig S. Loving to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 207 Spruce St., (MONTE VISTA LTS 4 & 5 BK 5 E). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 6. 2010 Mussett St., Demolition Residence (56%) & Accessory (55 %) (MONTE VISTA LTS 1 & 2 BK 5 E) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: Diana Linan and Manuel Alvarez APPEARING IN OPPOSITION: 0 Motion: A motion was made Joel De La Garza and seconded by Tim Honea to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 2010 Mussett St., (MONTE VISTA LTS 1 & 2 BK 5 E). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 7. 1203 Sabinas St., Demolition Residence(54%) & Accessory (51 %)(LA BAHIA LT 11 BLK A) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: Adriana Jimenez and Mayra Orozco Motion: A motion was made by Lee R. Hassman and seconded by Gary K. Adams to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 1203 Sabinas St., Demolition Residence (LA BAHIA LT 11 BLK A). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 8. 1226 7th St., Demolition Residence (55%) (BAY VIEW LTS 13 & 14 BK 11) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration AMENDED RECOMMENDATION: To table this case until the next meeting APPEARING IN FAVOR: Sunshine Moore APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Gary K. Adams to accept the staff recommendation to Table this case. A requirement of securing the property with barrier netting sufficient to prohibit anyone from entering beneath this property was discussed. A roll call vote was taken and passed unanimously. 9. 2918 Caprice Dr., Demolition Residence (59%) Accessory (51 %) (MANUFACTURED HOME LOC 2918 CAPRICE DR SANDY OAK MH PK SERIAL # HH03721A LABEL #TEX0248672) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Joel De La Garza to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 2918 Caprice DR., (MANUFACTURED HOME LOC 2918 CAPRICE DR SANDY OAK MH PK SERIAL # HH03721A LABEL #TEX0248672). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 10. 2830 Carver Dr., Demolition Residence (54%) (DUNBAR LT 5 BLK C) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Joel De La Garza to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 2830 Carver Dr., (DUNBAR LT 5 BLK C). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. IX. IDENTIFYING ITEMS FOR FUTURE AGENDA Possible special BSB Hearing to be held in August for 425 N. Chaparral Street. X. ADJOURNMENT A motion was made by Matthew Ezell to adjourn the hearing at 3:30 P.M. on July 28, 2016. Tracey K. Cantu Code Enforcement Administrator Note: For detailed information on testimony, refer to the recording retained on file in the Code Enforcement Division of the City of Corpus Christi Police Department. CASE TIMELINE FOR 1203 Sabinas Activity Date Legal Requirement Legal Reference Code Enforcement Notified of 1/6/2016 Potential Violation n/a n/a Initial Inspection Completed 1/6/2016 When building, structure or premise thought to be substandard CCPMC 104.2 Notice of Violation Mailed to Last 1/7/2016 When there are reasonable grounds to C.O. 13-22(A) Known Addresses believe there is a violation & (D)(2) Notice of Violation Posted in 6/10/2016 & When owner is unknown, whereabouts C.O. 13-22(A) Newspaper 6/11/2016 unknown, or where service of notice has failed (Published twice w/in a 10 day period) & (D)(3) Returned Notice of Violation Posted at 6/21/2016 When notice is returned showing C.O. 13-22(A) Front Door of Property unclaimed or not delivered & (D)(4) Notice Received 1/21/2016, 2/22/2016 Signed by Mayra Orozco and Signed by n/a Steven Orozco Deadline to comply with Mailed Notice of Violation 3/23/2016 30 days from receipt of the notice C.O. 13 - 22(A)(5) Deadline to comply with Newspaper Notice of Violation 7/6/2016 When 30 days have elapsed from date of first publication C.O. 13-22(B) Re -inspection 7/18/2016 Not less thans 30 days from receipt of the notice or when 30 days have elapsed from date of first publication C.O. 13-22(B) Complaint filed with BSB 7/13/2016 When owner refused to comply; when not cured within 30 days from receipt of notice or any further agreed time; or when 30 days have elapsed from date of first publication C.O. 13 - 22(B)(2) BSB Hearing 7/28/2016 Not less than 10 days nor more than 45 days after Complaint filed C.O. 13-22(C) Notice of Hearing Mailed to Last 7/13/2016 At least 10 days prior to hearing C.O. 13-22(C) Known Address & (D)(2) Notice of Hearing Posted in Newspaper 7/13/2016 & At least 10 days prior to hearing when C.O. 13-22(C) 7/14/2016 owner is unknown, whereabouts unknown, or where service of notice has failed (Published twice w/in a 10 day period) & (D)(3) Notice of Hearing Filed with County 7/13/2016 At least 10 days prior to hearing C.O. 13-22(C) Clerk & LGC 214.001(e) Returned Notice of Hearing Posted at 7/18/2016 When notice is returned showing C.O. 13-22(C) Front Door of Property unclaimed or not delivered & (D)(4) 184 BSB Agenda Posted 7/20/2016 72 hours (3 days) before scheduled time of hearing 185 Texas Govt. Code 551.043(a) WORK ORDER COMPLETION INSPECTION AND AUTHORIZATION FOR PAYMENT EXHIBIT — CLEAN-UP 1203 SABINAS ST LA BAHIA LT 11 BLK A JOSE RAUDEL OROZCO Census Tract: 9 4042-0001-0110 Block Group: Unsecured Vacant Building Square Feet: 4916.059572 V064056-010616 Acreage: 0.11 A good clear picture showing the condition of the property before clean cleaning and a good clear picture showing the condition of the property after cleaning must be submitted prior to receiving payment for the work. Failure to submit both pictures will lead to appropriate action up to and including suspension from participating in the program. Clean Up Specifications A. Leave all fencing and signs intact and in same state of repair as existing unless otherwise specified. B. Cut all weeds, grass, brush, bushes (except ornamentals), and stumps to ground level. C. Mow and trim (cut) around buildings, trees and fences. D. Scrape & sweep all growth on sidewalks, curves, gutters and street. E. The cleaning of the lot includes the area between the front property line and the edge of the roadway. This includes ditches and easements. F. None of the materials pertaining to the foregoing may be places or otherwise located on adjoining properties. G. Removal and disposition of salvage material must be approved by a Compliance Officer in writing. H. All debris such as but not limited to paper, cans, bottles, tree limbs, mowed grass/weeds and other unsightly matter must be disposed of at the City's landfill and a receipt from the landfill submitted prior to receiving payment. I. Contractor must hand mow as needed. J. Trim trees 7ft from ground and 12ft over street. K. Do not leave any rubbish, debris and furniture on property. Remove grass clippings from sidewalk and street. RQ: Company: CUTMASTERS LAWN SERVICE Vendor No: 136278 PO No: Remit: PO BOX 270100 CORPUS CHRISTI, TX 78427 HTE Invoice No: 16-00000821 Invoice Date: 5/24/2016 Contract Price: $90.00 Description of Work: Two openings on building, back window, open door on shed in backyard. Must be boarded up. 361-331- 1630. /' $4,14 Luis Garza Date CDBG Activity No: 1059-851606F-157 530220 CDBG Authorized Designee Signature & Date: RQ: 1203 SABINAS ST LA BAHIA LT 11 BLK A Unsecured Vacant Building V064056-010616 Owner Name: JOSE RAUDEL OROZCO Tax ID: 4042-0001-0110 3/22/2016 CLEAN-UP SPECIFICATIONS DO NOT MOW IF LESS THAN 12 INCHES Census Tract: 9 Block Group: Square Feet: 4916.059572 Acreage: 0.11 Take the number of photos required to show the condition of the property before and after cleaning. Photos showing condition of the property before and after must be submitted prior to receiving payment for the work. Failure to submit photos will lead to appropriate action up to and including suspension from participating in the program. All work completed by Contractor shall be subject to the approval of the area Code Compliance Officer or departmental designee. The Code Compliance Officer shall have the right to require the Contractor to re -mow, re -trim, re -edge, re -sweep, or re -board properties. Properties which have not been abated adequately will be re -done before payment authorization is approved. x Leave all fencing and signs intact and in same state of repair as existing unless otherwise specified. Cut all weeds, grass, brush, bushes (except ornamentals), and stumps to ground level. Mow and trim (cut) around buildings, trees and fences. Scrape & sweep all growth on sidewalks, curbs, gutters and street. The cleaning of the lot includes the area between the front property line and the edge of the roadway. This includes ditches and easements. None of the materials pertaining to the foregoing may be places or otherwise located on adjoining properties. Removal and disposition of salvage material must be approved by a Code Compliance Officer in writing. All debris such as but not limited to paper, cans, bottles, tree limbs, mowed grass/weeds and other unsightly matter must be disposed of at the City's landfill and a receipt from the landfill submitted prior to receiving payment. Do not leave any rubbish, debris, auto parts, fallen trees and furniture etc. on property. Trim trees 7 ft from ground and less than 13 feet over the street. Contractor must hand mow and rake where needed. Follow all clean-up specifications and contact Compliance Officer Luis Garza with any questions. Two openings on building, back window, open door on shed in backyard. Must be boarded up. 361- 331-1630. Services No. Units Total Density price per square foot Mowing and Clearing sq. ft Tree Trimming (7 feet from ground and less than 13 feet over the street) Tree Removal Solid Waste Clean Up and Debris Disposal Tonnage Concrete Disposal Tonnage Tire Disposal Board Up Unsecured Openings 2 90.00 TOTAL WORK ORDER PRICE: $90.00 Property clearance started on this date: Property clearance completed on this date: Company: CUTMASTERS LAWN SERVICE Vendor No: 136278 Agent Signature & Date CDBG Activity No: 1059-851506f-157 530220 �O 33222015 CLEAN-UP SPECIFICATIONS 203 9Aa3NA4 ST 3 BANTA LT 11 804 miaowed Vacant Budding 384056<910414 BOARD UP en, Nan1a. JOSE 91990E1 040200 4042 0001,0110 00 NOT MOW if LESS THAN 12 INCHES !Jt las molar a Pana a449&4ivalkai. •. m. rive 4TH she irsaaetivaolail wort itcaor30 a i• pw 003* stun to stem pia 4.. wre 311,4 1,314 Q p*r 2010, 1.4 6t omtmGI01 N3u *4 e003,311n N8 AaG. N 033 nn ara4 Castle Ca 013*3 3080*0. freo*d as M P...01e+ty wawa ' C e n^' HStl@8. leave ail fencing and signs intact and In same state of repair as existing unless otherwise specified.. Cut air weedsgrass brush, bushes i8KCapt Om0m832aisrand stumps to ground level Mow and trim rotor around buildings.. tress and fences. Scrape & sweep all growth on sidewalks Goths, gutters and street. The cleaning of the lot includes the area between the front property lme and the edge of the road+vay. Thd J Inclines ditches and easements None of the mammas pertaining t0 me foregoing may be pieces or otherwise located on adjoining properties Removal and disposition of salvage matenai must be apwoved by a Code Compliance Officer in writing All debris such as but not limited to paper, cartsbottles tree limbs. mowed gra55iweeds and other unsightly matter must be disposed of at the City s landfill and a receipt from the landfill submitted prior to redeivir,g payment Do net leave any rubbish. debitsauto partsfallen trees and furniture etcon property. Trim trees 7 ft from ground and 15501110h 13 feet over the street Contractor must hand mow and rake where needed. Follow all clean-up specifications and contact Compliance Officer Luis Garza with any questions Two openings on building, back window, open door on shed in backyard. Must be boarded up. 361. 331-1630. 0800330 01021 93020 03044 Square Feat Aa04ga 9 4919 039573 0 11 Ot 111, No. Ona* corny pros p*r mare rad warp bad 90*iO4 w Tronminp jl Am tion ?round and aha sun ee R.ngrn 44 Waste 240n Up and fT Mut* MK.*I Tonxapa + owpoda ltd Up 33331+3343730 03001700 2At MARK ORDER PRICE:.. Hely cisaruw0 started en tris daft. Wry 348030330 comphted on this daft. stony. CU1MASTERS LAWN SERVICE 003 no: tye274 Gni 11I 1.080 430583 40 1059.831 3041 157 590220 98l O 2322 1203 Sabinas — Location Map & Aerial r FRANCESCA gaa-11 . Li C1-AuPPEVIA # 1002 II 1001 1002 I 1003 1 00 5 1006 1010 1 1009 1014 1 1018 1011 1011 1017 1022 1 1026 1 1021 1 1025 1030 111029 1 1 034 1 213 3130 1 r 3118 1122 1002 1 1006 1 1001 1005 1010 1 1014 113008 r1— 800 1 1009 01 2930 2334 r 2931 252933 2937 130343025 2993.2939 I. 1216 I 1217 1 1218 1 221 1i 3114 3110 3106 1225 1 , f X3043 30413 3 9 041 1112 1109 1114 1113 1116 1118 1115 1124 1126 1117 1121 1128 1130 1123 1132 1232 1 204 1135 1201 1208 1210 1 21 2 1205 1207 1209 1 21 4 1213 1 218 1 220 1 222 1224 1 217 .3046 MTI lir 3042 3038 W 10b.2 1002 1— 1017 1 006 1017 1019 1021 X024 3016 3014 012 3008 3002 3027302101 913017 01913017 1108 1115 1114 MEM 1118 1117 EMU 1126 1121 MEM MEM 1132 1127 1131 MEM 1204 1 206 1 21 0 1214 1133 1201 1 20 5 1 209 1211 1 21 5 MIEEN 1219 1 222 1223 3022 .0 1 330 11 30051101 MEIN 1112 1109 1113 1115 a W 1120 1122 1119 1121 11 24 1123 1126 1125 1128 1127 1130 1134 1204 1206 1129 1131 1133 1203 1 235 BRUCE 1210 1 21 2 1214 1218 1 218 1 220 3012 MORGAN OROZCO JOSE RAUDEL 1203 SABINAS ST 009.00 404200010110 City of Corpus Christi & Board P.O. Box 9277 Corpus Christi, TX 784699277 Re: Case No. 64065-010616 1203 Sabinas, Lot 11, Block A, La Bahia Dear Code Enforcement and City of Corpus Christi, August 10, 2016 RECEIVED AUG 102016 cmr SECRETARY'S oFFICE, I'm writing to appeal the decision of the Board to the City Council and the City Secretary. The error that has occurred is that one or more of the parties responsible were not notified nor present at the time of the hearing. In addition, I'd like to inform that the reason I haven't kept up with the property is because of a Child Support Lien that had been in place. The petitioner kept telling me that she was removing the lien and never did. I reached out to the city, tax office, Attorney General and records but wasn't able to proceed until the lien was removed. I was finally notified that on February of this year, the lien was finally removed so now I'm ready to get the property onto my name alone and will take full responsibility for its taxes and maintenance. Please allow me time to get this finalized. I plan to have the house back to standards by December of 2016. Sincerely, Adriana Jimenez, aka Adriana Orozco 4657 Vail Street Corpus Christi, TX 78413 361-765-0890 Enclosed Copy: 1. Attorney General Child Support Affidavit 2. Certificate of Death for Jose Raudel Orozco PTATE OF TEXAS City of Corpus Christi, Texas Bureau of Vital Statistics CERTIFICATE OF DEATH STATE FILE NUMBER I.LEr.ALNAME i7�s...�.:.. sr . , .. / °R if say) (Flrst, Middle, Last) r (Malden) 4SERAUDI=L ORO O j . DATE OF DEATH- EF' (mm-dayyyy) MAR :24, 2012. 3. SEX ' 4. grIE OF BIRTH (mn.dd yyyy) 5. AGE.LasI Birthday IIF I SkIFP t nt IN IFrJ'R 1 P Y BERTHF'1.l10E(Cplj dgweer Faelgtl Gantry) MEXICO MALE JANUARY 28, 1960 ') 52 MO (Yuri) DAYS HOURS MIN T. SC'r4AL SECURITY NUMBER 4(0-133-1937 IL MARITAL STATUS AT TIME OF DEATH ❑ Nauta ❑ Wdowed ® Divorced 0 Never Married 0 Unmown 9. SURVIVING spouses NAME Of Me, cine men, trim to Ora madam) 100. I1510ENCE STREET ACIDNESS ES 1203 SABINAS 106 APT NO. ,10c. CITY OR TOWN CORPUS CHRISTI 19d= ICIUNTY 10e. STATE10f ZIP CODE 110g. INSIDE C itt..UMTTS? CgS 176405 i1i yea p' No 11.FA7 RS NAME ESTEBAN 'OOZCO 12 MOTHERS NAME PRIOR TO FIRST MARRIAGE MARIA CONCEPTCION GUERRERO 11 PLACE OF DEATH ;CHECK OM.Y ONL1 IF1LATti OCCORRED Pi A TAL: IF DEATH OCCURRED SOMEY*IERE 74ADUsatent • DOA U. Hospice Fulay 0 OTHER THAN A HOSPITAL Farah"; Home 0 Deasdsrs'sHorne 0 Other (Sway 1+L =LP/TY OF DFA N JEGES . 16 CITY1TDIM4, ZIP CODE Of CORPUS CHRISTI, 78405 wade can Iraqi, pica padnct ria). 16. FACIUVY NAME (N nnl 4kdqudon, Rho street address) CHRISTUS SPOHN HOSPITAL MEMORIAL iiror-c52.6ouvrz wAMEa RELA IONSHIPTO DECEASED • 1 ' IANA OROZCO VELA - DAUGHTER 118 MA81NG 4657 ADDRESS OF INFORMANTIStreet end Nun ber,CIy,State,Zlp Code) VAIL, CORPUS CHRISTI, TX 78413 rti[ 11.E,Fr1KC GFDS .L7 &aid U+rr rt ❑ Donation 20. SIGNATURE ACTING AS SUCH AND LICENSE NUMBER OF FUNERAL DIRECTOR OR PERSON 21 - it Linsrosn Section '13' Eriscatr re D FRenwrtlawn state DAVID BARRERAJR. ,BY ELECTRONIC BWck . O Mar (Sammy) SIGNATURE -11042 22 PLACE OF CISPOSmON (Name of Cemetery. crematory, other 23. LOCATION State) Lal place) 11(IA WELL P. DUNNE 5REMATORY (atyfTown. adn CORPUS CHRIST1,TX sa•c 24:1`Le.CE of FUNERAL FACILITY MAXWELL P. DUNNE•FUNERAL SERVICE, INC. 21 COMPLETE ADCRESS OF FUNERAL FACILITY (Steal and At after, 1222 MORGAN AVENUE, CORPUS -CHRISTI, TX CU Stale, Zs; Code) 78404 26 r• FCFIER (Chick cloy ) - CertfyIhp physician -To Me best aC my knododae, dMen =mod duo la be ause(e) endmmnerMidst 27 FATUFi jk 28. DATE CERTIFIED 29. LICENSE NUMBER 30. TIME OF DFJ1ili pan e _ (mmdd-yyyy) 313 o1 .Z.Ok 2 -T 3 ATZS I j4Ga l or m4114 i0:18 PM 31. F)<lJ-N'TE7 NAME, 11FIER (Street a id Number, CIIy.Slau,ap Code) 32. TITLOP COMFIER cartekC ore et4.r`oto✓i ZLLQ4I, 14tl ply.c.l Blvd iecnr7..ts el..; orazeth.t, 6 . 33. PART 1.,�ITER IE C,114,K2E3MOS - DISEASES, INJURIES. OR COMPLICATIONS - TF L T DIP.ECTLY CAUSED THE DEATH 11Q.biGE ENTER- EF#MINAL EVENTS SUCH AS CARDIAC ARREST, RESPIRATOR',' ARREST, OR VENTRICULAR FIBRILLATION MTHOUT SHDWNa THE: ETi0LOj3Y..DO.NOT ABBREVIATE. ENTER ONLY ONE CAUSE ON EACH UNE sSIii oriaii US -., a en, % b a So AJ. Matti. __ ar,� �) e dma. keened Onset to darn S fe>tl�p W death) Due (ares a (b Fat Mak* b- ,1'so\/` I c, H tsfortpdbhll : Due m (cc m a consequence oq: sated ort aril AIN UNDERLYING c. Mend Ihisi r 6{ w W dean) LAST m (Q as a consequenceconsequenceall: d. Due PART ENTER OTHER ,FJGRIF)CANT CONDITIONS OONTRIBUTINGTO DEATH BUT NOT RESULTING IN THE UNDERLYING 34. WAS AN AUTOPSY PERFORMED? E GIVEN R4 PART L 0 Yes Vie - - .31 WERE AUTOPSY FINDINGS AVAILABLE TO COMPLETE THE CAUSE OF DEATIIL - Yes ❑ No . 30. 91,1,14 NER OF DEATH ;:1y rT A ; x Sijc1da LG3_ 37 DID TOBACCO USE CONTRIBUTE TO DEATH? 0 '?u ❑ No 0 Way g% Warman 38 IF FEMALE: , 0 Not 39. IF TRANSPORTATI RY, SPECIFY: 0 Drivra3perraor r. 0 unger a . 0 Pedestrian . fid' ti"1 #d 0 Other (Specify) fir pregnant waren past year ❑ PragrrwM of time cs deed, 0 Nol pregnant, but pregnant wets 42 days of death 0 Not pregnant, but pregnant 43 days to am year helm death ❑ Unknown t T 33 Lam" " IVItabiinSin r conned not be determined pregn a t within the past yaw - DATE OF INJURY frOM-al- yyy) t fib. TIME OF _40c. INJURY AT to 106 ? © Yes ❑ No 40d. PLACE OF INJURY (a.0. Decedent's horns. cansauctIon she, restaurant. wooded wee) 7e. LOCATION (Skeetand Number. d7.blate.bp Coda) COUNTY OF INJURY 1 DESCRIBE HOW INJURY OCCURRED 42a. REGASTRARFILENG: . 421 DATE RECF VED BY LOCAL REGISTRAR r 4k -re.. �rn- -- A(FbROOIA MC: ME IIIIu� IIIA FS# 0457988946 Central File Maintenance P O. IIOX 12048 AUSTIN, TX 78711 2048 nllliIlillnllluIlldlIIuhIII'I'IIId1111II'll'�lIIiPsIlIIjll JOSE OROZCO 4657 VAIL ST CRP CHRISTI TX 78413-4314 Date: 0110912016 Member ID: 05714760 Cause Number 993070D Case Number 0009012914 CHILI) S t. P P O R r 1) I V 131 11) N The following are your child support obligations: CHILD SUPPORT PAYMENT PLAN 1 178.00 MONTHLY 178.00 CHILD SUPPORT PAYMENT PLAN 2 165.00 MONTHLY 165.00 MEDICAL SUPPORT PAYMENT PLAN 1 10.00 MONTHLY 10.00 Pay this amount for 0212016: [ $353.00} Due date for payment: 02/01!2016 024323 Important Note: If the above payment amount due is zero, but you still owe arrears on your case (shown below), send the entire balance due or continue to make regular payments toward your arrears until the balance Is paid in full. TOTAL PRINCIPAL MESSAGES TOTAL INTEREST ARREARS (INCLUDES UNPAID CURRENT SUPPORT AS OF STATEMENT DATE) $49.509.04 + $1502855 STATEMENT MAY NOT REFLECT ANY RECENT PAYMENTS. CHECK YOUR BALANCE AT CHILDSUPPORT.OAGSTATE.TX.US OR 1-800-252-8014. .537.59 Please mail your payment to: TX CHILD SUPPORT SDU PO BOX 659791 SAN ANTONIO TX 78265-9791 November 2014 IIJ4i^I¢R�:a+� Form 61:100le AGENDA MEMORANDUM Building Standards Board Hearing Appeal - July 25, 2017 DATE: July 13, 2017 TO: Margie C. Rose, City Manager FROM: Anthony Sanders, Captain - Neighborhood Services/K9, Police Department (AnthonyS@cctexas.com) (361.826.2691) Liza Lopez, Supervisor — Code Enforcement Division, Police Department (Lizac@cctexas.com) (361.826.3043) Building Standards Board Hearing Appeal for 4918 Bonner Dr. CAPTION: Resolution denying Linda Reyes appeal, thereby upholding Building Standards Board order to demolish the buildings and structures on the property located at 4918 Bonner Drive. PURPOSE: Mrs. Linda Reyes has requested the City Council hear and consider an appeal of a decision of the Building Standards Board regarding property located at 4918 Bonner Dr. BACKGROUND AND FINDINGS: On November 23, 2016, due to the substandard and dilapidated condition of the residential and accessory structures at 4918 Bonner Dr., a hazard to the health, safety, and welfare of the public is henceforth declared. The Building Standards Board ordered the structures at 4918 Bonner Dr. to be removed or demolished by owner, lien holder or mortgagee within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Per Section 13-24 of the Code, an owner or occupant may appeal a decision of the board to the city council. Linda Reyes submitted a notice of appeal in writing on April 12, 2017, within 30 days of the board's decision. The City Charter, Article VI, Section 2 states that appeals shall be perfected by filing a sworn notice of appeal with the city secretary within thirty (30) days from the date of the decision. In addition, Section 13-24(b), of the Code states that all orders of the Board regarding this property are to be suspended pending a decision on this matter by the City Council. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to deny the appeal (uphold the Building Standards Board order) or to sustain the appeal (reversing the Board's order in whole or in part). Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the city council to vary the application of any provision of this Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the city council was rendered. OTHER CONSIDERATIONS: Not applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Building Standards Board — Code Enforcement, Police Department Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable RECOMMENDATION: Deny the appeal by approving the proposed resolution (uphold the Building Standards Board order to demolish the property located at 4918 Bonner Dr. within 30 days.) LIST OF SUPPORTING DOCUMENTS: 1. Resolution - Affirming the Building Standards Board order to demolish the property located at 4918 Bonner Dr. within 30 days. 2. Final Order of the Building Standards Board Case No. 77844-120816 3. Minutes of Building Standards Board Meeting March 23, 2017 4. Case Timeline & City Abatement Costs for 4918 Bonner Dr. 5. Location Map & 4918 Bonner Dr. Aerial Photo 6. Evidence Photos 7. Notice of Appeal — Linda Reyes 8. Notice of City Council Meeting - Building Standards Board Appeal LETTER OF APPEAL DATE: April 10, 2017 Attn: Diana T. Garza, Building Standards Board Liason Code Enforcement Division of the City of Corpus Christi P. Q. Box 9277 Corpus Christi, Texas 78469-9277 REF: Case Number: 77844-120816 4918 Bonner Drive, Corpus Christi, TX 78411 Lot 23, Block 8 Gardendale Addition #2 Ref: Certified Letter #7013 2630 0002 1514 9824 (attached) Board: Let it be known that this is appeal is being filed well within the 30 days of the Board's written decision which is the date of this letter attached (March 23, 2017). Following a phone conversation with Ms. Garza on Thurs. April 6th, I was instructed that the "final order by the City" could be appealed in writing and filed with the City Secretary within 30 days. First of all, please note that any communications mailed to the 4918 Bonner address were undeliverable or did not reach me, as this is residence is vacant. Any and all postings on the structure itself were collected (by a neighor, I assume) and placed under the step of the front porch. I did not receive any of the information, decisions, meetings, or calls to action prior to the recent communication of March 23rd. Second, I am the owner of said property at 4918 Bonner Drive, Corpus Christi, TX 78411. Further I have faithfully paid property taxes on this residence on time every year for the past 25 years. I have maintained insurance on the structure as well. I have had the structure boarded up and it is in somewhat disrepair because of some recent negligence. Please know that personal and health issues have kept me from addressing this property other than keeping it mowed and free of debris in the past months. am now in a position to address this property. I have a construction worker and a plumber on board to assist in getting this property up to par and ready to be occupied. 1 am hopeful that the Board will see it to forgive the order of demolition and grant me the opportunity I am requesting. 1 further understand that I may need to obtain the proper permits before initiating repairs, as required by the Board. I will be visiting the Development Services to obtain such permits, once I have visited with the Code Enforcement Division with regards to this recent order to demolish. I thank you in advance for considering my appeal and am available to discuss or further this process as you may find necessary. Again, let me state that I did not receive any of these communications till April 4th, 2017 when I recovered a stack of notices from under the step at the property. I will await your favorable response. Please contact me at your earliest convenience as I have a crew prepared to begin the work. Thanking you in advance for your attention and consideration. Linda Reyes, Owner 8106 Calgary Drive Corpus Christi, TX 78414 Home Phone 361-992-6306 Cell Phone 361-537-4322 2 DATE: March 23, 2017 Code Enforcement Division Police Department CERTIFIED LETTER # 7016 2140 0000 5067 6188 OWNER: Linda Reyes ADDRESS: 4925 Williams Or. CITY STATE ZIP: Corpus Christi, Texas 78411 RE: 4918 Bonner ADD' Gardendale #2 LOT: 23 BLOCK: 8 The Building Standards Board met at 1:30 p.m., Thursday. March 23, 2017 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A final order of the Board's decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of the enclosed order. The owner or occupant, or his/her duly authorized agent, may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board, appeal must first be perfected to the City Council. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the City Council was rendered. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at (361) 826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: Board Order Case number: 77844-120816 P.O. Box 9277 Corpus Christi, Texas 78469-9277 • (361) 826-3046 • http://www.cctexas.com/ Resolution denying Linda Reyes appeal, thereby upholding the Building Standards Board order to demolish the buildings and structures on the property located at 4918 Bonner Drive. Whereas, the Building Standards Board (the "Board") held a public hearing on March 23, 2017, at 1:30pm regarding property located at 4918 Bonner Drive and after making certain findings ordered the structure or premises be removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days pursuant to the attached Final Order of the Building Standards Board Case No. 77844-120816; and Whereas, the owner of 4918 Bonner Drive (the "Appellant") filed a written notice of appeal of the Board's order with the City Secretary's Office on April 11, 2017, in accordance with Section 13-24(a) City of Corpus Christi Code of Ordinances (the "Code") and Article VI, Section 2 of the City Charter (the "Charter"); and Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore this Council properly has jurisdiction of this appeal; and Whereas, after hearing the evidence, the City Council makes the following findings related to the property located at 4918 Bonner Drive: 1. The Code Enforcement division of the Police Department complied with the procedural requirements for eliminating substandard conditions pursuant to Section 13-22 of the Code; and 2. The Board held a public hearing on March 23, 2017, at 1:30pm. The owner did not appear, and no authorized representatives appeared on behalf of the owner. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board found that the structure or premises could not be repaired because of the refusal of the owner or its intrinsic state of disrepair or both and is dilapidated or substandard and ordered ordered removal or demolition by the owner, lienholder or mortgagee, within 30 days; and 3. The Appellant signed a return receipt acknowledging the receipt of the Notice of violation on January 19, 2017 (attached hereto) and failed to contact Code Enforcement regarding the property; and 4. The walking surface of an aisle, passageway, stairway, exit or other means of egress of the buildings and structures is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress and therefore are considered dangerous pursuant to section 108.1.5 of the International Property Maintenance Code as adopted by the Corpus Christi Code of Ordinances (the "IPMC"); and 5. The building is clearly unsafe for its use and occupancy and therefore is considered dangerous pursuant to section 108.1.5 of the IPMC; and 6. The building is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building and structure for committing a nuisance or an unlawful act and therefore is considered dangerous pursuant to section 108.1.5 of the IPMC; and 7. The building, intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage or otherwise is determined by the code official to be unsanitary and unfit for human habitation and therefore are considered dangerous pursuant to section 108.1.5 of the IPMC; and 8. The photos attached of 4918 Bonner Drive further support the finding that the buildings and structures are dangerous and substandard; and 9. Pursuant to Section 101.3 of the IPMC the spirit and purpose of the Code is to ensure public health, safety and welfare of the residents of this City insofar as they are affected by the continued occupancy and maintenance of structures and premises; and 10. The Appellant has not alleged or establish that an error was committed by the Board; and 11. The Appellant has failed to establish that the Board's decision would have caused undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Council declares the recitals in the above paragraphs are true and correct. Section 2. The Appellant's appeal is hereby denied. Section 3. The Board's attached order requiring the owner, lien holder or mortgagee to demolish the buildings and structures on the property located at 4918 Bonner Drive is upheld. Section 4. Not applicable unless amendment is made to specifically adopt in place of the aforementioned Sections 2 and 3: The Board's attached Order is modified as follows: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. 77844-120816 RE. 4918 Bonner LOT: 23 BLOCK' 8 ADD' N: Gardendale tf2 Property Owner(s) OWNER: Linda Reyes ADDRESS: 49I8 Bonner Dr. CITY STATE ZIP- Corpus Christi, Texas 78411 This final order i5 issued pursuant to the authority granted to the Building Standards Board ("Board') of the City of Corpus Christi, ("City"), Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances ?'Code") and the Texas Local Government Code On March 23, 2017, the City of Corpus Christi Bulding and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code, on November 23, 2016 an inspection for substandard conditions was made of the building(s) or structure(sl located within the City at the above referenced property, 2. On January 12, 2017 a notice of violation(s) and request to correct the violat.on(s) was sent to the owner and all known interested parties. Additionally, on January 12, 2017 and January 13, 2017 notice of violations was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s) was provided and such violation(s) were not cured: 4. Code Official, Diana T. Garza, filed a complaint with the Charman regarding the above listed property al March 7, 2017, and the public hearing was held not less than ten days and not more than 45 days after the complaint was riled. 5. Notice of the public hearing was sent to the owner and all known interested parties on February 27, 2017 which was at least ten day prior to the pub! c hearing. Additiona ly, on February 28, 2017 and March 1, 2017 notice of the publ:c hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board t:nd present testimony, documentation and information the Board finds the building located at the above referenced property is substanda-d and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished, the owner is ordered to remove personal property from the premises within 30 days. If such items of personal are not removed from the premises within 30 days, they shall be placed in storage for a period of 90 days. During this period they may be redeemed by the owner after all costs incurred in p acing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board further finds: The substandard building shall be ordered secured by the owner, lien holder or mortgagee from unauthorized entry within 30 days. v �� The substandard building or structure can reasonably be repaired by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within thirty (30) days Repairs must be in compliance with City Ordinance Sect.on 13-22 (G). The substandard building or structure can reasonably be repa red by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within (31 days to 90 days) days Repairs must be in compliance with City Ordinance Section 13-22 (G). Further, the owner. lien holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and woe,. shall be commenced and performed in accordance with the time schedules established by the Board, to wit: The substandard burlding or structure rw so damaged, decayed, dilapidated, unsanitary, unsafe, or verm'n-infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall he ordered to be vacated with n days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to al' minimum standards of this code within thirty (30) days. The substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serrous hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within _ days. The budding or structure sha I be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within _ days. Work shall be commenced and performed in accordance with the time schedules established by the Board, to wit The structure or premises cannot be repaired because of the refusal of owner or its intrins c state of disrepair or both and is dilap;dated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee. within thirty (30) days. The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee, within ,31 days to 90 days) days. OR The Board finds that the owner. I en Folder o• mortgagee has submitted a detailed plan and time schedule for the work and the owner, lien holder or mortgagee has established that the work cannot reasonably be comp eted within 90 days because of the scope and complexity of the work: therefore The owner, lien holder or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work, to wit: The owner, ien holder or mortgagee sha 1 report monthly to the code enforcement office with progress reports The above listed property, including structures or improvements on the property, exceeds 5100,000, in total value the awoe'. len holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repair ng, removing or demolishing the building or structure not later than the 30 ° day from the date of this order. Joel De I.a Garza FOR GAINST Lee R. Hassman FOR/AGAINST Matthew Ezel FO/AGAINST Gary K Adams OR AGAINST 1 Or eyed this 23.'� day of March, 2017 i�i t:. 5 gned under authority of the Board Chairperson +_) Filed . City Secretary DATE TIME Rebecca Huerta City Secretary Tim Honea FJ)AGAINST Craig 5. Loving FOR/AGAINST Dante C. Miller. OR/AGAINST $igred under the authority of the Board Vice -Chairperson ENDER: COMPLETE THIS SECTION 1 Complete items 1, 2, and 3 I Print your name and address on the reverse so that we can return the card to you. t Attach this card to the back of the mailpiece, or on the front if space permits. .ArticieAddressed to: +177844-120816, 4918 BONNER LINDA REYES 4925 WILLIAMS DR CORPUS CHRISTI, TX 78411 111 111111 1111 11111111111011111111 1111111 1111 COMPLETE THIS SECTION ON DELIVERY FL Receiv de,by Name) D Agent D Address C. Date of Delive D. Is delivery address different firm Item 1? r' Yes ❑ No f X _ ter delivery address below: 3. Service lijpe © Adult Signature ❑ Adult Signature Restricted Delivery ad Certified Mail® 0 Certified Mall Restricted Delivery ❑ Collect on Delivery , Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery 7016 2140 0000 5067 8687 MaliRestricted Delivery 0 Priority Mail Expresso 0 Registered MallTMI ❑ Registered Mall Restrk Delivery O Return Receipt for Merchandise Q Signature Coniinnatlor O Signature Confirmatior Restricted Delivery S Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receil e .4.400pit. : PASSED AND APPROVED this day of , 2017 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2017 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 DATE: March 23, 2017 Code Enforcement Division Police Department CERTIFIED LETTER # 7013 2630 0002 1515 0004 OWNER: Linda Reyes ADDRESS: 4918 Bonner Dr. CITY STATE ZIP: Corpus Christi, Texas 78411 RE: 4918 Bonner ADD' Gardendale #2 LOT: 23 BLOCK: 8 The Building Standards Board met at 1:30 p.m., Thursday, March 23, 2017 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A final order of the Board's decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of the enclosed order. The owner or occupant, or his/her duly authorized agent, may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board, appeal must first be perfected to the City Council. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the City Council was rendered. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at (361) 826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: Board Order Case number: 77844-120816 P.O. Box 9277 Corpus Christi, Texas 78469-9277 • (361) 826-3046 • http://www.cctexas.com/ FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. 77844-120816 Property Owner(s) OWNER: Linda Reyes ADDRESS: 4918 Bonner Dr. CITY STATE ZIP- Corpus Christi, Texas 78411 RE: 4918 Bonner LOT: 23 BLOCK: 8 ADD' N: Gardendale #2 This final order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances ("Code") and the Texas Local Government Code. On March 23, 2017, the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code, on November 23, 2016 an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On January 12, 2017 a notice of violation(s) and request to correct the violation(s) was sent to the owner and all known interested parties. Additionally, on January 12, 2017 and January 13, 2017 notice of violation(s) was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s) was provided and such violation(s) were not cured; 4. Code Official, Diana T. Garza, filed a complaint with the Chairman regarding the above listed property on March 7, 2017, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on February 27, 2017 which was at least ten day prior to the public hearing. Additionally, on February 28, 2017 and March 1, 2017 notice of the public hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished, the owner is ordered to remove personal property from the premises within 30 days. If such items of personal are not removed from the premises within 30 days, they shall be placed in storage for a period of 90 days. During this period they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board further finds: The substandard building shall be ordered secured by the owner, lien holder or mortgagee from unauthorized entry within 30 days. OR OR The substandard building or structure can reasonably be repaired by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within thirty (30) days. Repairs must be in compliance with City Ordinance Section 13-22 (G). The substandard building or structure can reasonably be repaired by the owner, lien holder or mortgagee, so as to be in compliance with this code, therefore it shall be ordered repaired within (31 days to 90 days) days. Repairs must be in compliance with City Ordinance Section 13-22 (G). Further, the owner, lien holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and work shall be commenced and performed in accordance with the time schedules established by the Board, to wit: The substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty (30) days. The substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within days. Work shall be commenced and performed in accordance with the time schedules established by the Board, to wit: i The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days. The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, therefore, it shall be ordered removed or demolished by the owner, lien holder or mortgagee, within (31 days to 90 days) days. The Board finds that the owner, lien holder or mortgagee has submitted a detailed plan and time schedule for the work and the owner, lien holder or mortgagee has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore: The owner, lien holder or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work, to wit: The owner, lien holder or mortgagee shall report monthly to the code enforcement office with progress reports. The above listed property, including structures or improvements on the property, exceeds $100,000, in total value the owner, lien holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30th day from the date of this order. Joel De La Garza Lee R. Hassman Matthew Ezell Gary K. Adams FOR FOR GAINST AGAINST AGAINST AGAINST Orde led this 23rd day of March, 2017. 1' L Signed under ijut ority of the Board: Chairperson Filed .. City Secretary DATE TIME 5 504-14A. Date FRied3-2`.1-17 wilt:, Rebecca Ruane City Secretary Tim Honea Craig S. Loving Dante C. Miller FO AGAINST FOR/AGAINST 0O /AGAINST Signed under the authority of the Board: Vice -Chairperson Minutes Building Standards Board Council Chambers, City Hall March 23, 2017 a@ 1:30 p.m. I. CALL TO ORDER The meeting was called to order by Matthew Ezell at 1:34 P.M. in the Council Chambers on the first floor of City Hall. 11. ROLL CALL Board Members Present Matthew Ezell Tim Honea Gary K. Adams Dante Miller Lee R. Hassman Joel De La Garza Staff Present Tracey Cantu, Code Enforcement Administrator, Police Liza Lopez, Code Enforcement Supervisor Glenda Doner, Senior Account Clerk, Police Rachel Ramirez, Senior Account Clerk, Police Yvette Aguilar, Assistant City Attorney 111. Board Members Absent Craig S. Loving IV. MINUTES A motion was made by Dante C. Miller and seconded by Gary k. Adams to approve the minutes of the Regular Meeting of January 26, 2017. A roll call vote was taken and the motion passed unanimously. V. STAFF REPORT The Staff Report was presented to the Board for discussion and information regarding cases for 2015 to present. Matthew Ezell requested a follow up on property address 5029 Williams Dr. Tracey K. Cantu responded that this property has been cleared and brought into compliance. VI. PUBLIC COMMENT A motion was made by Matthew Ezell to open the floor for public comment. As there was no response, Matthew Ezell closed the public comment. VII. NEW BUSINESS 1. 1013 DONNA DR., Demolition (55%) (DONA PK LT 20 BK 6) STAFF RECOMMENDATION: Pull this case from today's meeting to ensure proper notification has been completed. APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: No motion was made by board members for this case since it was pulled to ensure proper notification has been completed. 2. 838 ERWIN AVE., Demolition (75%) (MONTROSE PARK BLK 6 LOT 12) STAFF RECOMMENDATION: Pull this case from today's meeting to ensure proper notification has been completed. APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: No motion was made by board members for this case since it was pulled to ensure proper notification has been completed. 3. 217 SPRUCE ST., Demolition (61%) (MONTE VISTA LT 9 BK 5 E) STAFF RECOMMENDATION: Pull this case from today's meeting to ensure proper notification has been completed. APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: No motion was made by board members for this case since it was pulled to ensure proper notification has been completed. 4. 2917 SUNRISE AVE., Demolition (55%) (DONA PK LT 20 BK 6) STAFF RECOMMENDATION: Pull this case from today's meeting to ensure proper notification has been completed. APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: No motion was made by board members for this case since it was pulled to ensure proper notification has been completed. 5. 1556 DAYTONA DR., Demolition (54%) (WYNWOOD 1 LT 27 BK 2) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: Mike Monsive APPEARING IN OPPOSITION: 0 Motion: A motion was made Dante C. Miller and seconded by Gary S. Adams to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 1556 DAYTONA DR., (WYNWOOD 1 LT 27 BK 2). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 6. 2618 RIGGAN ST., Demolition (54%) (TRACY BLK 6 LOT 17) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: Susan Fuertes APPEARING IN OPPOSITION: 0 Motion: A motion was made Joel De La Garza and seconded by Dante C. Miller to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 2618 RIGGAN ST., (TRACY BLK 6 LOT 17). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 7. 4918 BONNER DR., Demolition (51%) (GARDENDALE #2 BLK 8 LOT 23) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made Lee R. Hassman and seconded by Joel De La Garza to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 4918 BONNER DR., (GARDENDALE #2 BLK 8 LOT 23). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 8. 5522 BURTON LN., Demolition (67%) (GARDENDALE BLK 6 LOT 1F) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made Dante C. Miller and seconded by Lee R. Hassman to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 5522 BURTON LN. (GARDENDALE BLK 6 LOT 1F. If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 9. 3337 HALFPENNY ST., Demolition (52%) (BRIGHTON VILLAGE BLK 7 LOT 3) STAFF RECOMMENDATION: Table case until the next hearing; more information needed to make final decision APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Gary S. Adams and seconded by Dante C. Miller to deny the staff recommendation and table this case until the next hearing. A roll call vote was taken and passed unanimously. 10. 1606 LIPAN ST., Demolition (62%) (JONES BLK 3 LOT 2) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Gary S. Adams and seconded by Dante C. Miller to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 1606 LIPAN ST., (JONES BLK 3 LOT 2). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 11. 910 ROSEDALE DR., Demolition (58%) ACCESSORY (54%) (COOPERDALE BLK 1 LOT 13) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Dante C. Miller to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 910 ROSEDALE DR., (COOPERDALE BLK 1 LOT 13). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. IX. IDENTIFYING ITEMS FOR FUTURE AGENDA No identifying items for future agenda at this moment. X. ADJOURNMENT A motion was made by Matthew Ezell to adjourn the hearing at 2:55 P.M. on March 23, 2017. Tracey K. Cantu Code Enforcement Administrator Note: For detailed information on testimony, refer to the recording retained on file in the Code Enforcement Division of the City of Corpus Christi Police Department. CASE TIMELINE FOR 4918 Bonner Activity Date Legal Requirement Legal Reference Code Enforcement Notified of Potential Violation 11/23/2016 n/a n/a Initial Inspection Completed 11/23/2016 When building, structure or premise thought to be substandard CCPMC 104.2 Notice of Violation Mailed to Last 1/12/2017 When there are reasonable grounds to C.O. 13-22(A) Known Addresses believe there is a violation & (D)(2) Notice of Violation Posted in 1/12/2017 & When owner is unknown, whereabouts C.O. 13-22(A) Newspaper 1/13/2017 unknown, or where service of notice has failed (Published twice w/in a 10 day period) & (D)(3) Returned Notice of Violation Posted at 1/23/2017 When notice is returned showing C.O. 13-22(A) Front Door of Property unclaimed or not delivered & (D)(4) Notice Received Mail return unclaimed n/a n/a Deadline to comply with Mailed Notice 12/19/2016 30 days from receipt of the notice C.O. 13 - of Violation 22(A)(5) Deadline to comply with Newspaper Notice of Violation 2/12/2017 When 30 days have elapsed from date of first publication C.O. 13-22(B) Re -inspection 2/13/2017 Not less thans 30 days from receipt of the notice or when 30 days have elapsed from date of first publication C.O. 13-22(B) Complaint filed with BSB 3/7/2017 When owner refused to comply; when not C.O. 13 - cured within 30 days from receipt of notice or any further agreed time; or when 30 days have elapsed from date of first publication 22(6)(2) BSB Hearing 3/23/2017 Not Tess than 10 days nor more than 45 days after Complaint filed C.O. 13-22(C) Notice of Hearing Mailed to Last 2/27/2017 At least 10 days prior to hearing C.O. 13-22(C) Known Address & (D)(2) Notice of Hearing Posted in Newspaper 2/27/2017 & At least 10 days prior to hearing when C.O. 13-22(C) 3/1/2017 owner is unknown, whereabouts unknown, or where service of notice has failed (Published twice w/in a 10 day period) & (D)(3) Notice of Hearing Filed with County 2/27/2017 At least 10 days prior to hearing C.O. 13-22(C) Clerk & LGC 214.001(e) Returned Notice of Hearing Posted at 3/20/2017 When notice is returned showing C.O. 13-22(C) Front Door of Property unclaimed or not delivered & (D)(4) BSB Agenda Posted 3/15/2017 72 hours (3 days) before scheduled time of hearing Texas Govt. Code 551.043(a) 4918 BONNER DR GARDENDALE 2 LT 23 BK 8 Owner Name: LINDA REYES Tax ID: 2709-0008-0230 1U/1 /%LU13 CLEAN-UP SPECIFICATIONS • Vacant Building — V021813-022013 DO NOT MOW IF LESS THAN 12 INCHES Census Tract: 33.01 Block Group: 1003 Square Feet: 19800 Acreage: 0.45 Take the number of photos required to show the condition of the property before and after cleaning. Photos showing condition of the property before and after must be submitted prior to receiving payment for the work. Failure to submit photos will lead to appropriate action up to and including suspension from participating in the program. All work completed by Contractor shall be subject to the approval of the area Code Enforcement Official or departmental designee. The Code Enforcement Official shall have the right to require Contractor to re -mow, re -trim, re -edge, re -sweep, or re -board properties. Properties which have not been abated adequately will be re -done before payment authorization is approved. x x x x x X Leave all fencing and signs intact and in same state of repair as existing unless otherwise specified. Cut all weeds, grass, brush, bushes (except ornamentals), and stumps to ground level. Mow and trim (cut) around buildings, trees and fences. Scrape & sweep all growth on sidewalks, curbs, gutters and street. The cleaning of the lot includes the area between the front property line and the edge of the roadway. This includes ditches and easements. None of the materials pertaining to the foregoing may be places or otherwise located on adjoining properties. Removal and disposition of salvage material must be approved by a Neighborhood Services representative in writing. All debris such as but not limited to paper, cans, bottles, tree limbs, mowed grass/weeds and other unsightly matter must be disposed of at the City's landfill and a receipt from the landfill submitted prior to receiving payment. Do not leave any rubbish, debris, auto parts, fallen trees and furniture etc. on property. Trim trees 7 ft from ground and less than 13 feet over the street. Contractor must hand mow and rake where needed. Follow all clean-up specifications and contact Code Enforcement Official with any questions. 19800 X .014 (4') = $277.20 + $10 FLAT FEE = $287.20 ❑MOW AND CLEAR, ALVIN\ 945-0275 Services Tire less than 16" Tire 16" or more Tire Truck/ Trailer No. Units Total Mowing and Trimming $277.20 Tree Trimming (7 ft from ground and less than 13 feet over the street) Sidewalk, Curb, Gutter and Street Clean Up Tree Removal Solid Waste Clean Up and Debris Disposal (construction material/brush/fumiture/bulky items) $10.00 Concrete Disposal Tire Disposal Secunng Structures (Board Ups) TOTAL CONTRACTORS BID: $287.20 Property was cl Compa ed on this date ('c' Sweepin. S rvices 438-1277 (Agent Signature & Date) /7'/,// DO NOT MOW IF LESS THAN 12 INCHES ti Gilbert Cipriano (Code Enforcement Official) November 1, 2013 WORK ORDER COMPLETION INSPECTION AND AUTHORIZATION FOR PAYMENT 4918 BONNER DR GARDENDALE #2 BLK 8 LOT 23 EXHIBIT - CLEAN-UP REYES LINDA 1003 2709-0008-0230 033.03 PAYMENT AUTHORIZATION 19798.0200 13-00002664 .4545 A good clear picture showing the condition of the property before clean cleaning and a good clear picture showing the condition of the property after cleaning must be submitted prior to receiving payment for the work. Failure to submit both pictures will lead to appropriate action up to and including suspension from participating in the program. Clean Up Specifications A. Leave all fencing and signs intact and in same state of repair as existing unless otherwise specified. B. Cut all weeds, grass, brush, bushes (except ornamentals), and stumps to ground level. C. Mow and trim (cut) around buildings, trees and fences. D. Scrape & sweep all growth on sidewalks, curves, gutters and street. E. The cleaning of the lot includes the area between the front property line and the edge of the roadway. This includes ditches and easements. F. None of the materials pertaining to the foregoing may be places or otherwise located on adjoining properties. G. Removal and disposition of salvage material must be approved by a Community Development representative in writing. H. All debris such as but not limited to paper, cans, bottles, tree limbs, mowed grass/weeds and other unsightly matter must be disposed of at the City's landfill and a receipt from the landfill submitted prior to receiving payment. I. Contractor must hand mow. (where needed) J. Trim trees 7ft from ground and 12ft over street. K. Do not leave any rubbish, debris and furniture on property. Remove grass clippings from sidewalk and street. Contract Price $ 287.20 Company: COASTAL SWEEPING SERVICES ,_ al ALVIN WITCHER (03 DATE 4918 BONNER DR GARDENDALE 2 LT 23 BK 8 5/27/2014 CLEAN-UP SPECIFICATIONS Vacant Building - V037352-011714 • DO NOT MOW IF LESS THAN 12 INCHES • Owner Name: LINDA REYES Tax ID_ 2709-0008-0230 Census Tract: 33.01 Block Group: 1003 Square Feet: 19800 Acreage: 0.45 Take the number of photos required to show the condition of the property before and after cleaning. Photos showing condition of the property before and after must be submitted prior to receiving payment for the work. Failure to submit photos will lead to appropriate action up to and including suspension from participating in the program. All work completed by Contractor shall be subject to the approval of the area Code Compliance Officer or departmental designee. The Code Compliance Officer shall have the right to require the Contractor to re -mow, re -trim, re -edge, re -sweep, or re -board properties. Properties which have not been abated adequately will be re -done before payment authorization is approved, x x x x x x ;. Leave all fencing and signs intact and in same state of repair as existing unless otherwise specified. Cut all weeds, grass, brush, bushes (except ornamentals), and stumps to ground level. Mow and trim (cut) around buildings, trees and fences. Scrape & sweep all growth on sidewalks, curbs, gutters and street. The cleaning of the lot includes the area between the front property line and the edge of the roadway. This includes ditches and easements. None of the materials pertaining to the foregoing may be places or otherwise located on adjoining properties. Removal and disposition of salvage material must be approved by a Neighborhood Services representative 'in writing. xl All debris such as but not limited to paper, cans, bottles, tree limbs, mowed grass/weeds and other unsightly matter must be disposed of at the City's landfill and a receipt from the landfill submitted prior to receiving payment. Do not leave any rubbish, debris, auto parts, fallen trees and furniture etc. on property. Trim trees 7 ft from ground and less than 13 feet over the street. Contractor must hand mow and rake where needed. Follow all clean-up specifications and contact Code Compliance Officer with any questions. 19800 X .009 = $178.20 + $10.00 DISPOSAL FEE = $188.20 MOW AND CLEAR PROPERTY, SIDEWALK, CURB, AND GUTTER ANY QUESTIONS CALL ALVIN\ 945-0275 x x x Services Tire Tess than 16" Tire 16" or more Tire Truck/ Trailer No. Units Total Mowing and Trimming $178.20 Tree Trimming (7 ft from ground and less than 13 feet over the street) Sidewalk, Curb, Gutter and Street Clean Up Tree Removal �% r� Solid Waste Clean Up and Debris Disposal (construction material/brush/fumiture/bulky items) /I j $10 flQ Concrete Disposal Tire Disposal Securing Structures (Board Ups) TOTAL CONTRACTORS BID: 0' Property clearance started on this date: Property clearance completed on this date: Company: AFFORDABLE MOWING SERVICE 779-0168 '(Ag gSignature & Date) r DO NOT MOW IF LESS THAN 12 INCHES (7 , L Alvin Witcher (Code Compliance Officer) June 12. 2014 WORK ORDER COMPLETION INSPECTION AND AUTHORIZATION FOR PAYMENT 4918 BONNER DR GARDENDALE #2 BLK 8 LOT 23 EXHIBIT CLEAN-UP REYES LINDA 1003 2709-0008-0230 033.03 PAYMENT AUTHORIZATION 19798.0200 14-00000810 .4545 A good dear picture showing the condition of the property before clean cleaning and a good clear picture showing the condition of the property after cleaning must be submitted prior to receiving payment for the work. Failure to submit both pictures will lead to appropriate action up to and including suspension from participating in the program. Clean Up Specifications A Leave all fencing and signs intact and in same state of repair as existing unless otherwise specified. B. Cut all weeds, grass, brush, bushes (except ornamentals), and stumps to ground level. C. Mow and trim (cut) around buildings, trees and fences. D. Scrape & sweep all growth on sidewalks, curves, gutters and street. E The cleaning of the lot includes the area between the front property line and the edge of the roadway. This includes ditches and easements. F. None of the materials pertaining to the foregoing may be places or otherwise located on adjoining properties. G. Removal and disposition of salvage material must be approved by a Community Development representative in writing. H. AM debris such as but not limited to paper, cans, bottles, tree limbs, mowed grass/weeds and other unsightly matter must be disposed of at the City's landfill and a receipt from the landfill submitted prior to receiving payment. I. Contractor must hand mow. (where needed) J. Trim trees 7ft from ground and 12ft over street. K. Do not leave any rubbish, debris and furniture on property. Remove grass clippings from sidewalk and street. V037352-011714 Contract Price $253.30 Company: AFFORDABLE MOWING SERVICE 779-0168 r . b ALVIN WIrtCHER DATE TO: Accounts Payable DATE: 6-12-2014 FROM: Neighborhood Enforcement Team SUBJECT: Payment For CLEAN-UP of Private Property with CDBG Funds Please pay Eddie Del Bosque dba Affordable Mowing, P 0 Box 7357, Corpus Christi, TX 78467 the sum of $253.30 V # 48490 CT 33 BG 1 4918 BONNER DR. GARDENDALE #2 BLK 8 LOT 23 $253.30 6-12-2014 These have been inspected and approved for payment. Activity #530220-1059-851406 igned un• -r authority as designee of the Director of Neighborhood Enforcement Team AM: is APPROVED BY: SyIvi Ozuna, `'. Mgmt. Asst. Date A p cP 0 Z 7 N 1 4918 .Donner U1/09/1 Before 4918 .Donner 01/U9/1'i SCANNED 4918 BOHNER HIGH WEEDS, LITTER k SOLI SIDEWALK, GUNK GLITTER A. WITCHER „ , ^ WASTE *!. cprY OF CORPUS ctatis-ri, TexAs NOTICE cihe boomR. /14 - Ithrcif<;R\ 01/17/ 4918 Bonner Dr — Location Map & Aerial REYES LINDA 4918 B©NNER DR 033.03 0270900080230 RE: NOTICE OF CITY COUNCIL MEETING: BUILDING STANDARDS BOARD APPEAL JULY 25, 2017 AT APPROXIMATELY 2:00 P.M. 4918 BONNER DR. LEGAL DESCRIPTION: GARDENDALE #2 BLK 8 LOT 23 OWNER: LINDA REYES 4918 BONNER DR CORPUS CHRISTI, TX 78411-4713 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7016 3560 0000 0410 0964 Notice is hereby given that the City of Corpus Christi City Council the Building Standards Board Appeal regarding the above listed property on JULY 25, 2017 in the COUNCIL CHAMBERS located at CITY HALL, 1201 LEOPARD, CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "Appeal" may heard at any time during the regularly scheduled meeting NOTICE TO PERSON LISTED ABOVE AS OWNER: According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 10th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. (1) A decision of the city council to vary the application of any provision of this code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallowance of the board or varies the application of any provision of this code, or the Corpus Christi Property Maintenance Code, the code official shall immediately take action in accordance with such decision. (c) The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within 15 days from the date on which the decision of the city council was rendered. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Commander David Blackmon at (361) 886-2682. Sincerely, Commander David Blackmon Corpus Christi Police Department Code Enforcement Division Attachments: Affidavit of Non -Ownership STATE OF TEXAS COUNTYOF NUECES SWORN AND SUBSCRIBED BEFORE ME BY COMMANDER DAVID BLACKMON, A. CREDIBLE PERSON, THIS DAY OF j is I ` , 2017. .N'li,Pk/i„ LIZA MIC VIELE LOPEZ °Notary Pubic "t.+m of Taxi) Comm. Expire..IU-1 i-2U1U °F,;(%"%.:'."•-tNotary ID '10+52114 tfl { 7 NOTA Y I'[BLI f STATE O'F, TEXAS AFFIDAVIT OF NON -OWNERSHIP THE STATE OF TEXAS COUNTY OF NUECES According to the real property records of Nueces County, you own the real property de- scribed in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and the last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office no later than the 20th day after the date you received this notice. If you do not return the affidavit, it will be presumed that you own the property described in this notice, even if you do not. I/We (name): no longer own the property located at 4918 BONNER DR and more particularly described as (legal description): GARDENDALE #2 BLK 8 LOT 23 which is located in Corpus Christi, Nueces County, Texas. 1/We sold the property to (name): Street: City, State, Zip: (Signed) THE STATE OF § COUNTY OF § This instrument was sworn to and subscribed before me on this the day of , 20 , by (name) Notary Public Printed Name: My commission expires: Return by Personal Delivery or Certified Mail, Return Receipt Requested to: Code Enforcement — Case Number: V077844-120816 City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: June 29, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director, Planning and ESI DanielMc@cctexas.com (361) 826-7011 Proposed Amendments to the Unified Development Code Codifying Community Home use. CAPTION: Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. PURPOSE: The purpose of this item is to clarify Community Home uses in the regulations of the Unified Development Code (UDC) to ensure compliance with the Texas Human Resource Code §123.003 (a). A Community Home is defined as a place where food, shelter, personal guidance, care, habitation services, and supervision are provided to not more than six persons with a disability. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement to address the City's development needs staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. To ensure compliance with State law, staff proposes the following new text amendments: 1. Subsection 1.11.3 Defined Terms: Adding the definition of Community Home: A place where food, shelter, personal guidance, care, habitation services, and supervision are provided to not more than six persons with a disability and meets the requirements and limitations of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. 2. Article 4, Table 4.3.2 and Table 4.4.2: Adding Community Home as a permitted use in all Single -Family and Multifamily districts to the Permitted Uses Tables. Community Home use is permitted in Commercial districts that permit Group Living uses by right. 3. Section 5.2 Specific Standards: Adding new subsection 5.2.26 Community Homes, to define standards for Community Home uses in all districts. A. Use: The use and operation of a Community Home for Disabled Persons that meet the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123 Texas Human Resources Code is authorized in any residential zoning district. B. Limitation on Number of Residents: No more than six persons with disabilities and two supervisors. C. License Requirements: as established in the Community Homes for Disable Persons Location Act, Chapter 123, Texas Human Resources Code. D. Location Requirement: Within a residential zoning district, a Community Home may not be established within one-half mile of an existing Community Home. E. Limitation on the Number of Motor Vehicles: no more than one motor vehicle per bedroom. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Development Services, Planning and ESI, Planning Commission - recommended approval on June 14, 2017 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. WHERAS, use of a Community Home in a residential district may not be restricted pursuant to Texas Human Resource Code §123.003 (a) as follows: "(a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential." WHEREAS, the Planning Commission has recommended the City Council approve this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 14, 2017, during a meeting of the Planning Commission, and on Tuesday, July 25, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 1, Section 1.11, subsection 1.11.3 entitled "Defined Terms" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Community Home: A place where food, shelter, personal guidance, care, habilitation services and supervision are provided to not more than six persons with a disability and meets the requirements and limitations of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. SECTION 2. Article 4, Section 4.3, subsection 4.3.2, Table 4.3.2 entitled "Permitted Uses (single- family district)"; Section 4.4, subsection 4.4.2, Table 4.4.2 entitled "Permitted Uses (Multifamily)"; and Section 4.5, subsection 4.5.2, Table 4.5.2 entitled "Permitted Uses (commercial zoning districts)" are being amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Page 1 Table 4.3.2 Permitted Uses (Single-family districts SINGLE-FAMILY DISTRICTS P = Permitted Use SP = Special Permit L = Subject to Limitations [blank cell] = SUE = Special Use Exception Not Permitted FR RE RS- 22 RS- 15 RS- 10 RS- 6 RS- 4.5 Standards Residential Uses Single-familydetached house except: P P P P P P P L Industrialized / Modular Housing L L L L L L L 4.3.7 Manufactured Housing P P P Semi -attached house P 6.1.1 Zero lot line house (RE: provides for 1 acre lots whereby zero lot line configurations are not P L L L L L L 4.3.5 Traditional house P L L L L L 4.3.5 Semi -attached house Apartment L L P 4.3.5 Group home (6 or fewer residents) P P P P P P P 4.7 Community Home P P P +4' -P 5.2.26 Table 4.4.2 Permitted Uses (multifamily districts MULTIFAMILY DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted RS- RS-TH RM -1 RM -2 RM -3 RM -AT Standards Residential Uses Single-familydetachedhouse P P P P P Zero lot line house L L L L L 4.3.5 Traditional house P P P P P Semi -attached house P P P P P Two-family house P P P P P Townhouse P P P P P P Apartment P P P P Cottage Housing Development P P P P P P 4.7 Group homc (6 or fcwcr residcnts) +4' -P Group Living Uses except for: P P P P Nursing or convalescent home P P Group home (6 or fewer residents) Community Home 5.2.26 Page 2 SECTION 3. Article 5, Section 5.1, subsection 5.1.2.B entitled "Group Living"; Section 5.2 entitled "Specific Standards" by adding subsection 5.2.26 entitled "Community Homes" of the UDC are amended by the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 5.1.2.B. Grou • Livin Characteristics: Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training. Principal Uses Assisted living facility Boarding, rooming or lodging house Community Home Dormitory Group home (6 or fewer residents) Hospice Fraternity or sorority Monastery or convent Nursing home Orphanage Accessory Uses Associated office Food preparation and dining facility Off-street parking of vehicles for occupants and staff Recreational facility Satellite dish antenna under 3.2 feet* Uses Not Included Alternative or post -incarceration facility (see Social Service) Bed and breakfast home or inn, hotel, motel, inn, extended -stay facility (see Overnight Accommodations) Group home for the physically, , mentally and emotionally challenged that are not considered single-family residences (7 or more residents) (see Social Service) Group home for drug and alcohol treatment (see Social Service) Hotel or motel (see Overnight Accommodations) Transient lodging or shelter for the homeless (see Social Service) Treatment center (see Social Service) *See additional standards in Subsection 5.3.2 5.2.26 Community Home (Ordinance 030769, 02/16/2016) A. Use The use and operation of a Community Home for Disabled Persons that meets the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123 Texas Human Resources Code is authorized in any residential zoninq district. B. Limitation on Number of Residents Not more than six persons with disabilities and two supervisors may reside in a Community Home at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. C. Licensing requirement A Community Home must meet all applicable licensinq requirements of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. D. Location requirement Within a residential zoninq district, a Community Home may not be established within one-half mile of an existing community home. E. Limitation on the Number of Motor Vehicles Residents of a Community Home may not keep, on the premises of a Community Home or on the public rights-of-way adjacent to the Community Home, more than one motor vehicle per bedroom for the use of residents of the home. Page 3 SECTION 4. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 7. This ordinance is effective immediately upon passage. Page 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 5 Unified Development Code Text Amendment for Community Home Uses City Council Presentation July 25, 2017 Definition of Community Home Community Home: A place where food, shelter, personal guidance, care, rehabilitation services and supervision are provided to not more than six persons with a disability and meets the requirements and limitations of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. Use Regulations 5.1.2.B. Group Living Characteristics: Residential occupancy o a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents and the residents may receive care or training. Principal Uses Accessory Uses Uses Not Included Assisted living facility Boarding, rooming or lodging Associated office Food preparation and dining Alternative or post -incarceration facility (see Social Service) house facility Bed and breakfast home or inn, Community Home Off-street parking of vehicles for hotel, motel, inn, extended -stay Dormitory occupants and staff facility (see Overnight Group home (6 or fewer residents) Recreational facility Satellite Accommodations) Hospice dish antenna under Group home for the physically, , Fraternity or sorority 3.2 feet* mentally and emotionally challenged Monastery or convent that are not considered single-family Nursing home residences (7 or more residents) Orphanage (see Social Service) Group home for drug and alcohol treatment (see Social Service) Hotel or motel (see Overnight Accommodations) Transient lodging orshelter for the homeless (see Social Service) Treatment center (see Social Service) 'See additional standards in Subsection 5.3.2 (Ordinance 030769, 02/16/2016) Characteristics: Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training. Permitted Zoning Districts ✓ All Single -Family Districts: ✓ Farm -Rural (FR); Residential Estate (RE); Single -Family 22, 15, 10, 6, 4.5 (RS -22, RS -15, RS -10, RS -6, RS -4.5). ✓ All Multifamily Districts: ✓ Two -Family (RS -TF); Townhouse (RS-TH); Multifamily 1, 2, 3 (RM -1, RM -2, RM -3); Multifamily AT (RM -AT). ✓ Most Commercial Districts (where Group Living Uses Permitted): ✓ Neighborhood Commercial 1 and 2, (CN -1, CN -2); Neighborhood Office (ON); Resort Commercial 1, 2, 3 (CR -1, CR -2, CR -3); General Commercial 2 (CG -2); Downtown Commercial (CBD). Not Permitted Zoning Districts x A Few Commercial Districts: x General Commercial 1 (CG -1); Intensive Commercial (CI); Business Park (BP). x All Industrial Districts x Light Industrial (IL); Heavy Industrial (IH). Specific Standards 5.2.26 Community Home A. Use The use and operation of a Community Home for Disabled Persons that meets the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123 Texas Human Resources Code is authorized in any residential zoning district. B. Limitation on Number of Residents Not more than six persons with disabilities and two supervisors may reside in a Community Home at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. Specific Standards, Continued C. Licensing requirement A Community Home must meet all applicable licensing requirements of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. D. Location requirement Within residential zoning districts, a Community Home may not be established within one-half mile of an existing community home. E. Limitation on the Number of Motor Vehicles Residents of a Community Home may not keep, on the premises of a Community Home or on the public rights-of-way adjacent to the Community Home, more than one motor vehicle per bedroom for the use of residents of the home. Recommendation Staff and Planning Commission recommend approval to amend the UDC to codify Community Home use in residential districts pursuant to the Texas Human Resource Code § 123.003 (a). 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: July 20, 2017 TO: Margie C. Rose, City Manager FROM: Miles Risley, City Attorney Ordinance reinstating Young Min Burkett as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi CAPTION: Ordinance reinstating Young Min Burkett as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; determining salary; providing a term of office; and declaring an effective date. PURPOSE: Reinstatement of Young Min Burkett as a Judge of Municipal Court BACKGROUND AND FINDINGS: Young Min Burkett was appointed as a Municipal Court Judge on March 24, 2015. She was reappointed on February 21, 2017. It came to the attention of the City that Ms. Burkett was not a United States Citizen as required to be a Municipal Judge of a Court of Record pursuant to Texas Government Code 30.00006 and Corpus Christi Code of Ordinance Sec.29-4. Additionally, Corpus Christi Code Sec.29-4 also requires Municipal Court Judges to be qualified voters. On May 16, 2017, Ms. Burkett was put on unpaid leave for 90 days to give her an opportunity to obtain her U.S. citizenship. Ms. Burkett obtained her United States of America Certificate of Naturalization on July 7, 2017. Subsequently, she submitted her application for voter registration. Nueces County Voter Registrar's Office issued Ms. Burkett a voter registration certificate, which is effective August 9, 2017. Corpus Christi Code of Ordinance Sec.29-4 requires Municipal Court judges to be a "qualified voter", though, the Corpus Christi Code of Ordinances does not define the term "qualified voter". Texas Constitution Article VI, Sec 2 defines "qualified voter" as follows: "Every person subject to none of the disqualifications provided by Section 1 of this article or by a law enacted under that section who is a citizen of the United States and who is a resident of this State shall be deemed a qualified voter; ..." Under the Texas Constitution definition, Ms. Burkett is currently qualified to be a Municipal Court Judge for the City of Corpus Christi. However, the Texas Election Code §11.002 utilizes a narrower definition of "qualified voter". The definition of "qualified voter" in the Texas Election Code requires a person to be a register voter. A legal argument can be made that Ms. Burkett is not a "qualified voter" until August 9, 2017. To eliminate any potential legal challenge to the ordinance reinstating Young Min Burkett as Municipal Court Judge, City staff recommends amending the effective date of the ordinance to August 9, 2017. ALTERNATIVES: Approve an ordinance with effective date upon passage on second reading. Not approve ordinance OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Not applicable 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: RECOMMENDATION: Approval of the Amended Ordinance with effective date of August 9, 2017. LIST OF SUPPORTING DOCUMENTS: Ordinance as passed on July 18, 2017 Amended Ordinance Ordinance reinstating Young Min Burkett as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; determining Salary; providing a term of office; and declaring an effective date WHEREAS, effective May 16, 2017, the City Council placed Young Min Burkett on unpaid leave for 90 days to permit remedying of qualification issues; and WHEREAS, Young Min Burkett has remedied all qualification issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. In reinstating Young Min Burkett, Young Min Burkett is appointed as a Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas and such previous appointments are ratified. SECTION 2. Young Min Burkett is removed from unpaid administrative leave effective upon second passage of this ordinance. SECTION 3. That Young Min Burkett shall continue to receive the fixed salary of $97,935 within Grade 335 of the City of Corpus Christi's Employee Compensation and Classification System, effective upon second passage of this ordinance. SECTION 4. That Young Min Burkett shall hold office for a term coterminous with the term of the appointing City Council unless sooner removed or until the successor, if any, is appointed. SECTION 5. This ordinance takes effect upon passage on second reading. 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 Ordinance reinstating Young Min Burkett as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; determining salary; providing a term of office; and declaring an effective date WHEREAS, effective May 16, 2017, the City Council placed Young Min Burkett on unpaid leave for 90 days to permit remedying of qualification issues; and WHEREAS, Young Min Burkett has remedied all qualification issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. In reinstating Young Min Burkett, Young Min Burkett is appointed as a Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas and such previous appointments are ratified. SECTION 2. Young Min Burkett is removed from unpaid administrative leave effective upon second passage of this ordinance. SECTION 3. That Young Min Burkett shall continue to receive the fixed salary of $97,935 within Grade 335 of the City of Corpus Christi's Employee Compensation and Classification System, effective upon second passage of this ordinance. SECTION 4. That Young Min Burkett shall hold office for a term coterminous with the term of the appointing City Council unless sooner removed or until the successor, if any, is appointed. SECTION 5. This ordinance takes effect on August 9, 2017. 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 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 Informal Staff Report — CCARS Request 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. INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager From: Esther Velazquez, Assistant to the City Manager OM Date: July 20, 2017 Subject: Ordinance - Museum of Science and History Advisory Board Issue/ Problem During the July 18, 2017 City Council meeting a question was raised regarding the inclusion of other Corpus Christi independent school district superintendents as ex officio members on the Museum of Science and History ("Museum") Advisory Board. Background & Findings Currently, 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 recently approved amendments to the Ordinance changing membership to nine (9) voting members and eliminating the non-voting members. Ex officio language in the Ordinance states: Ex officio members shall include the city manager and the superintendent of the Corpus Christi Independent School District or their designated representative. Council inquired why the other independent school districts were not represented and recommended including them. Museum staff actively engages in outreach and fosters positive working relationships with many public and private schools, both in Corpus Christi and beyond. In fiscal year 2016, 32,000 students visited the Museum. The Corpus Christi Independent School District ("CCISD") enters into an annual contract with the Museum for school programming and has done so since the 1960's. In 2013 the Museum's Education Program Coordinator started writing curriculum for the first grade classes and the associated school trip to the Museum supplemented the classroom studies. This year the curriculum will be for the fifth grade classes. CCISD's ex officio officer was added to the Advisory Board in 1986. Conclusion The Advisory Board has been contacted and made aware of Council's request and they concur with this change. The Ordinance has been further revised to clarify ex officio members as non-voting and to include four (4) additional independent school districts as follows: Ex officio members without vote shall include the city manager and the superintendent of the Corpus Christi Independent School District, Calallen Independent School District, Flour Bluff Independent School District, Tuloso-Midway Independent School District, and West Oso Independent School District or their designated representative. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 11, 2017 Reconsideration and First Reading July 18, 2017 Second Reading for the City Council Meeting of July 25, 2017 DATE: July 19, 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 for 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 "ON" Neighborhood Office 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 City Council Recommendation (July 18, 2017): With City Council reconsideration, the recommendation is approval of the change of zoning from "RS-6/SP" Single -Family 6 District with a Special Permit to the "ON" Neighborhood Office District. 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. (Requires 3/ vote) 2. Deny the request. 3. Approve "ON" Neighborhood Office District (Requires 3/4 vote) OTHER CONSIDERATIONS: Approval of the "ON" Neighborhood Office District requires a 3/ vote by the City Council per UDC, because it is a less restrictive zoning than the Planning Commission recommended. 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 "ON" Neighborhood Office 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 "ON" Neighborhood Office 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 "ON" Neighborhood Office District (Zoning Map No. 045038), as shown in Exhibit "A" and "B". Exhibit A, which is a metes and bounds description of the Property and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entities. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Reconsidered_Ordinance_0317-07_Mohammed Motaghi.docx Page 2of3 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\Reconsidered_Ordinance_0317-07_Mohammed Motaghi.docx Page 3of3 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. 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 EV PROPOSED RE -ZONING OF: THE EDWIN E. CONNOR TRACT THIS IS To. CERTIFY THA' I HAVE CONSULTED THE FEMA MAPS AND FOUND HEREIN SHOWN IS NOT LOCATED IN a SPECIAL HAZARD THIS THE 9 TH DAY OF MARCH 2017 REFERENCE: VOLUME 40 PACE(S) 05 MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS coR soLE us,E or ..R. TITLE COMPANY. OR MORTGAGE COMPANY IN NIS TRANSACTION ONLY GRAPHIC SCALE 100 ( waver) t inch = BO fl MEDINA CONSULTANTS ENGINEERING & LAND SURVEYING, INC. corpus Ch S.. S TXv (361) CO -1266 t (361) 993-2955 MARCH 09, 2019 K17J /,'3ePar • LOCATION MAP " - 400' 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, SHORTAC£S IN AREA, BOUNDARY LINE CONFLICTS. NSIBIE 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 SHO HEREON. _,77.774(44 77. . MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE N0. 3419 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 "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/1St Reading Ordinance for the City Council Meeting of July 11, 2017 2nd Reading Ordinance for City Council Meeting July 25, 2017 DATE: 6/20/2017 TO: Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manger KeithSe@cctexas.com 361-826-3878 FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361-826-3021 Ordinance regarding the City of Corpus Christi's proposed FY2017-2018 Consolidated Annual Action Plan. CAPTION: 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. PURPOSE: Purpose of Public Hearing is to meet HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on the proposed project funding for the FY2017-2018 CAAP; the Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2013-FY2017 Consolidated Plan/Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2017-2018 CAAP. An initial public hearing was held at the City of Corpus Christi's City Hall on February 6, 2017. A second public hearing to receive additional input was held on February 16, 2017. The public hearing to be conducted on Tuesday, July 11, 2017 by the City of Corpus Christi's City Council will satisfy the requirement of the two required hearings, though three public hearings were held. The City of Corpus Christi has received official notification from the U.S. Department of Housing and Urban Development (HUD) of the FY2017-2018 funding allocation for the following programs. $2,405,193 Community Development Block Grant (CDBG) $216,432 Emergency Solutions Grant (ESG) $844,596 HOME Investment Partnerships Program (HOME) It is important to note that for FY2017-2018, CDBG will experience a .05% increase ($1,127), ESG will experience a 2.28% reduction (-$5,054), and HOME will experience a 2.75% reduction (-$23,866) from prior year funding, based on the entitlement funding which will be received from HUD. An additional funding in the amount of $100,000 which was recaptured from previously funded projects that were unspent has been made available to be reprogrammed as well as $500,000 of generated program income from the Rehabilitation Loan Program and $200,000 of generated program income from the Demolition Program has been made available to augment funding levels for the upcoming FY2017-2018 CDBG program allocations for a total funding level of $3,205,193. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 176.5 million, of which approximately 21.4 million has been income generated by various programs administered by the Housing and Community Development Department. The ESG Program will have an allocation amount of $216,432 for FY2017-2018. The intent of the ESG Program is to provide funding to providers of Homeless services to support the efforts of Emergency Shelter, Homeless Prevention and Rapid Re -Housing activities. Emergency Shelter activities assist with the shelter operations and staffing for homeless shelters. Homeless Prevention activities assist individuals and families who are currently homeless but are at high risk of becoming homeless "but for" this assistance. Rapid Re - Housing activities assist those individuals and families with rapidly rehousing those who are homeless back into permanent housing "but for" this assistance. Commencing in 1987, the City of Corpus Christi has received in excess of $4.4 million in funding for ESG services. The HOME Program will have an allocation amount of $844,596 as a funding level from entitlement funds to be received, with an additional $400,000 being made available for reprogramming from previously funded recaptured program funds as well as an additional $340,779 generated from the Rehabilitation Loan Program for a preliminary estimated funding amount of $1,585,375 for the FY2017-2018 budget year. The HOME Program was initiated in 1992 with the mandate to increase and improve affordable housing opportunities; HOME funds totaling $37.6 million have been utilized to fund Rental and Home Ownership programs in addition to the rehabilitation and reconstruction of affordable housing within the City of Corpus Christi. Of the $36.7 million in HOME funding, approximately $4.9 million of those funds have been made available from previous loans as generated program income; these funds have been utilized to augment available funding. The FY2017 CAAP represents the fifth and final annual action plan of the developed five-year (FY2013- FY2017) Consolidated Plan and is the application for HUD for funding for the CDBG, ESG, and HOME Programs. The FY2017 CAAP describes the activities and projects to be assisted with funds received under CDBG, ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community developed objectives. The Housing and Community Development Department adopted a timeline that provides for public hearings during Technical Assistance Workshops which were held on February 6, and February 16, 2017 to be followed by the City Council public hearing on July 11, 2017. Citizens' public comment period begins on July 9, 2017 and ends July 28, 2017, for the FY2017 CAAP. Subsequently, adoption of the CAAP is scheduled for July 18, 2017, allowing timely submission of the program to HUD. The proposed FY2017 CAAP has been developed according to HUD regulations. Staff will be making a brief presentation to the City Council at the opening of the Public Hearing so that staff may outline the FY2017-2018 CAAP's eligibility criteria for the programs and staffs recommendations. Housing and Community Development held four Technical Assistance Workshops on February 6, 7, 16, and 21, 2017, and two Technical Assistance Workshops which included a Public Hearing on February 6 and 16, 2017. Also held were two Neighborhood Meetings, in conjunction with Technical Assistance Workshops, on February 16 and 21, 2017 at Corpus Christi City Hall. The public hearing date with City Council was also disclosed at this time. The FY2017-2018 Consolidated Annual Action Plan will be submitted to HUD on August 14, 2017 following the required citizen comment period. Since the July 11, 2017 City Council Meeting, the Housing and Community Development (HCD) Department has made some adjustments and updates to the CDBG overall funding availability. CDBG Administration and Rehabilitation Services funding has been reduced as HCD currently has three (3) vacant positions and will not be filling them, releasing funding to add funding for the support of an additional Code Enforcement Officer and a Sr. Account Clerk. HCD will operate and function on 20 FTE positions instead of 23 FTE positions. Therefore, CDBG funding will fund a total of five (5) Code Enforcement Officers and one (1) Sr. Account Clerk as have been previously funded in past fiscal years. The initial proposal of not funding one Code Officer and one Sr. Account Clerk would not have resulted in eliminating the positions. The positions were to be funded by a non-CDBG source. The attached spreadsheet for CDBG indicates the overall funds available for the FY2017-2018 program year has increased from $2,505,193 to $3,205,193. The amounts initially not included in the July 11, 2017 attachment was Program Income which is revenue generated from previously allocations. HUD does not require the governing body of Corpus Christi (City Council) to re -allocate income already allocated in prior funding years, therefore the funding was not shown to reference the Ordinance of this item. However, the funding, which is now shown for clarification purposes, includes $500,000 of revenue generated by the CDBG's Single Family Rehabilitation Program which will return to fund the program administered by HCD staff. The Demolition Program has generated, to date, $150,000 in Program Income and is expected to generate an additional $50,000 before the beginning of FY2017-2018. The proceeds from this generated revenue was going to be split between the Demolition Program and the Clearance of Vacant Properties Program as it has been done in previous years. It was the misjudgment of HCD staff not to include Program Income in the overall CDBG budget, however the programs were to be funded for FY2017-2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: At the conclusion of public hearing, the City Council may, at their discretion, discuss any and all recommendations and provide direction on the projects/activities to be funded under the FY2017-2018 CAAP. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation CDBG Attachment FY2017-2018 ESG Attachment FY2017-2018 HOME Attachment FY2017-2018 City Council Policy No. 9 Memorandum for Parks and Districts Memorandum for Homeless Work Program Memorandum for Housing Gap Financing Program Memorandum for Housing and Community Development Staff Duties and Salaries INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Pp. Thru: Keith Selman, Assistant City Manager if, From: Rudy Bentancourt, HCD Director Date: July 17, 2017 Subject: CDBG funding for Parks and their Districts Request Provide a memo to Council which identifies the City Council Districts and parks which the Community Development Block Grant (CDBG) Program will fund from FY2017-2018. Background & Findings During the FY2017-2018 Pubic Hearing and First Reading Ordinance on July 11, 2017, the Housing and Community Development (HCD) Department recommended CDBG funding for the following City parks: Moody Park, Salinas Park, South Bluff Park. Council asked in which City Council Districts the parks are located. To comply with the City's 2013-2017 Consolidated Action Plan to improve parks in the community, HCD coordinated with the Parks and Recreation Department on need and eligibility for improvements. Salinas Park completes the second and final phase of the project. Moody Park and South Bluff Park are both listed as neighborhood parks in the 2012 Parks and Recreation Master Plan. The parks were selected because they meet the U. S. Department of Housing and Urban Development's eligible activity of "area benefit". Eligible parks must be located within census tracts which are considered income eligible and must be utilized by the neighborhood in the eligible areas. Conclusion The parks recommended for FY2017-2018 Community Development Block Grant funds are located as follows: Moody Park and Salinas Park are both located in Council District 3 and South Bluff Park is located in Council District 1. INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Ak Thru: Keith Selman, Assistant City Manager { I. From: Rudy Bentancourt, HCD Director. Date: 3uly 17, 2017 Subject: Housing and Community Development Staffing and Duties Request Provide a memo indicating the salaries in HCD which are paid for and what role each funded position has. Background & Findings During the June 11, 2017 City Council meeting, City Council members inquired of the staffing and funding amount required to successfully staff and maintain the Housing and Community Development (HCD) Department. Currently, HCD staffs 23 Full Time Equivalent (FTE) positions within our three (3) divisions. The attached Organizational Chart provides a snapshot of the positions and divisions which staff HCD. HCD is approximately 99.9% grant funded by the U. S. Department of Housing and Urban Development (HUD), except for the HCD Director and Management Assistant which are partially funded by the General Fund (Director 40% / Management Assistant 60%). The City of Corpus Christi is an entitlement community, therefore as such, receives an annual entitlement allocation from the Community Development Block Grant, Emergency Solutions Grant, and the HOME Investment Partnerships Program. As such, HCD must comply with the rules, regulations, and requirements of HUD to continue receiving annual funding. The HCD Director is responsible for directing the overall operations, activities and functions of HCD as well as being the staff person responsible for non -HUD activities 1 such as Type A and other non -HUD funded projects. The HCD Director also provides staff support to the City Council, City Manager, Assistant City Manager and various technical boards including the Corpus Christi Community Improvement Corporation and the Corpus Christi Housing Finance Corporation. The HCD Director directs the preparation of all plans prior to submission to HUD, represents both the City and HCD in departmental functions, and directs the development of the departments Business Plan and overall funding budget. The Management Assistant is responsible for providing assistance to the Director, HCD Administrator, Program Managers and HCD Staff to ensure all departmental needs are met. This position also schedules departmental meetings, composes and edits departmental correspondence, maintains the Directors calendar to provide assistance to internal and external customers, creates purchase orders or P -Card payments for purchases, works with Budget Analyst to follow budget allocation for the department, assists with special projects and city-wide programs, is responsible for all contract and insurance tracking for contractors and non -profits and provides reporting in preparation of City Council presentations, budget presentations, City performance reports, and coordinates the weekly report to the Assistant City Manager. The Management Aide is the initial face of the department. This position is the front desk receptionist who greets all clients as they enter the department. This position provides customer service by explaining all HCD programs to clients and provides a list of documents needed and assists in scheduling appointments for clients to see the Program Specialists. This position assists in ensuring project files are scanned and filed for local and federal compliance with the record retention policies of the City and HUD. The HCD Administrator assists the Director in the overall management and administration of the Community Development Block Grant, Emergency Solutions Grant and HOME Investment Partnerships Programs. This position also assists in the development and implementation of the 5 -year Consolidated Action Plan and Annual Action Plans, and the Consolidated Annual Performance and Evaluation Report to HUD. The position ensures all recommended activities meet eligibility requirements and implements funding strategies by making presentations in community Public Hearings. Other duties include reviewing all conducted environmental reviews, conducting program workshops, trainings, and contract meetings, draft all funding agreements, and reviews and approves all correspondence for the Harbor Bridge Liaison Program as a requirement of the Harbor Bridge Four Party Agreement. The department is composed of three (3) divisions. The Housing Division is the entry point for HCD's housing programs. Current and past federally funded programs include the Minor Home Repair Grant Program, Rehabilitation Program, Demolition/Redevelopment Program, Appliance Replacement Grant Program, Homebuyer Closing Cost Program, Homebuyer Down Payment Assistance Program, and 2 the Veterans Minor Home Repair Grant Program. The Housing Division is comprised of a Housing Program Manager and four (4) Program Specialists. Currently HCD has two vacant Program Specialist positions. The Housing Program Manager is responsible for the overall responsibility of the housing functions to ensure housing activities are implemented and all housing programs comply with the rules and regulations of HUD and Fair Housing. The position recommends and presents information and rehabilitation loan packages to the Loan Review Committee, performs underwriting activities to ensure grants and loans meet funding eligibility and conducts final review and approval of rehabilitation grants and loans as well as homebuyer grants. This position also maintains and updates program guidelines and procedures to ensure compliance with City Council Policies and HUD regulations and makes public presentations to the public regarding housing programs. This position is also the back-up to the Harbor Bridge Liaison and assists with the Hillcrest Voluntary Acquisition applicants. The Program Specialists serve as the initial point of contact for the housing programs administered within HCD and collect required documentation from applicants, reviews income documentation for program eligibility and serves as the advocate for the client on all external information needed for application processing. This position also recertifies income eligibility on all clients waiting to be assisted in the various programs, and must ensure all regulatory requirements and documents are completed for compliance with regulatory requirements and internal policies. It is important to note that of the two (2) currently filled positions, one (1) Program Specialist must be housed at Del Richardson and Associates (DRA) on Monday, Wednesday, and Friday to comply with the Harbor Bridge Four Party Agreement. These positions must also release liens on a weekly basis for previous loans which have met the affordability period which can be from 5, 10 or 20 years, and recertify all homebuyers and demolition/replacement clients who have received loans during the past 5 years. HUD mandates that the positions in the Housing Division must have Underwriting Loans Training, become HUD Housing Counseling Certified, Title Commitment Training, Fair Housing Laws Training, and Pre -Purchase Homeownership Education Training. The Operations Division of HCD is essentially the "nuts and bolts" of the department. The division is comprised of one (1) Operations Program Manager, four (4) Property Advisors, and three (3) Contract Administrators. The Operations Program Manager is responsible for managing, planning, coordinating and supervising Property Advisors and Contract Administrators. The position coordinates all HCD construction projects from the various HCD housing programs and non-profit funded construction projects. This position also supervises the coordination of the annual Request for Proposals, initiates the bid process for projects by establishing criteria for required services, ensures annual performance measures are met, ensures all projects comply with required rules and regulations set forth by HUD, and guides staff on all internal and external construction 3 projects to ensure federal compliance. The position also provides final approval on all construction projects, required reports and final approval of all monitored/audited projects, both internal and external. The Property Advisors provide technical assistance to homeowners by performing site inspections to assess code violations and substandard construction, conducting surveys and inspections of main structural and main utilities conditions, provide lead-based paint inspections, warranty letters, pre -construction meetings, bid openings and provides oversight of the overall process of construction projects from beginning to end while ensuring federal compliance with HUD regulations. The position also evaluates structural conditions, inspects condition of foundation, exterior walls, roof, windows, doors, electrical, air conditioning units, heating and plumbing, flooring and insulation and provides preliminary cost estimates and negotiations of proposed solutions in order to provide options to eliminate substandard conditions and determine whether the home can be rehabilitated of demolished and replaced. The position also meets daily with contractors and homeowners on the various ongoing projects, ensures construction meets established specifications and meets with homeowners to select colors and patterns for their homes and inspects workmanship in order to finalize contracts and permits. Also included in the duties are to conduct lead inspections and assessments utilizing radioactive equipment as well as conducting Housing Quality Standards on all homebuyer projects and approve draw requests for completed work. The Contract Administrators are responsible for the coordination of approximately 55 federally funded contracts from the CDBG, ESG and HOME Programs. This position is responsible for all activities to ensure compliance of local, state, and federal requirements. The position counsels recipients, developers and architects to ensure compliance with each project by ensuring compliance with labor standards, Americans with Disabilities Act, lead paint hazards and conducting on-site inspections of all non- profit construction projects. The position performs research to ensure project eligibility and performs environmental reviews on all projects administered by HCD or awarded to non -profits. Each environmental review must comply with the following federal statutes, executive orders and regulations which include: Airport Hazards, Coastal Barrier Resources, Flood Insurance, Clean Air Act, Coastal Zone Management, Contamination and Toxic Substances, Endangered Species, Explosive and Flammable Hazards, Farmlands Protection, Floodplain Management, Historic Preservation, Noise Abatement and Control, Sole Source Aquifers, Wetlands Protection, and Environmental Justice.. Each project must contain supporting documentation clearing the project of the listed environmental issues. The position must also conduct compliance monitoring/auditing of each funded project from 5, 10, 15 or 20 years to ensure federal compliance. Each project must be accompanied by approximately 12 compliance exhibits provided by HUD to ensure compliance. 4 HUD mandates that the positions in the Operations Division must have Foundations in Environmental Review Certificate, maintain Code Enforcement certification for two (2) staff, Labor Standards Certificate, Lead Risk Assessor Certificate, Section 3 Training, Subrecipient Management Training, CDBG Basics and Advanced Certificate and HOME Basics and Advanced Certificate. Lastly, the Finance Division is the section of HCD responsible for the oversight of federal and non-federal funding received by the department as well as administering Mortgage Servicing for all HCD loans. The division is comprised of one (1) Program Manager, two (2) Sr. Management Assistants, one (1) Mortgage Servicing Aide, and one (1) Sr. Staff Assistant. The Program Manager is responsible for the oversight of the annual budget for federally and locally funded programs by monitoring expenditures and performing detailed reconciliation of expense accounts, researching, and correcting discrepancies and conducting frequent reimbursement draws in the HUD's Integrated Disbursement Information System (IDIS) database to ensure required spending ratios are met. This position is responsible for drafting the Consolidated Annual Action Plan, Consolidated Action Performance and Evaluation Report (CAPER), submitting the HOME Monthly Analysis report, HOME Match Report, and Quarterly expenditure reports to HUD. The position ensures financial compliance monitoring of inter -departments and non-profit projects and must review and respond to all external audits as mandated by HUD. The Sr. Management Assistants are responsible for the overall program management reporting of the CDBG, ESG, and HOME Programs into IDIS as well as providing monthly and quarterly reports, Semi-annual Labor Standards Enforcement Report, Annual Contractor/Subcontractor Activity Report and the monthly gathering of CAPER data. The position is responsible for setting up, funding, and closing out activities and gathering all close-out data and documentation on each internal and externally funded projects. The position also provides budgetary technical assistance to intemal departments and external non -profits to ensure project reconciliation. This position reviews all expenditures, payment requests and processes all payment requests and reimbursements for federal and non-federal funds. The position verifies the availability of funds and assists with the financial monitoring/audit of each federally funded project. The position also maintains all subledgers which includes balances, transfers, change orders, and encumbered and unencumbered balances. The Mortgage Servicing Aide and Sr. Management Assistant services approximately 700 CDBG and HOME loans by collecting current and delinquent loan payments, processing insurance payments, property tax payment preparations and disbursements and processing escrow disbursements on all current loans. These positions maintain and verify loan information, review deeds, real estate notes, borrower information and home insurance. They also meet with clients on a daily basis and prepare tax and insurance escrow analyses. All loans are individually reviewed to ensure the proper amount of money is collected with each mortgage payment and must print and review 5 all 1098 financial statements, mail to customers, and file all required IRS information electronically. Based on the HCD housing programs administered by the department, the following measures indicate completion for FY2015-2016 and current year. Construction Programs FY15-16 FY16-17 to date FY16-17 expected Minor Home Repair Grant 34 39 51 Demolition/Replacement Loan Prog. 3 5 8 Homebuyer Assistance Down Payment 22 23 38 Homebuyer Assistance Closing Cost 22 23 38 CDBG Non-profit Construction Projects 3 5 7 HOME Program Multi -family Projects 2 / 213 units 1 / 68 units 1 / 68 units Conclusion The Housing and Community Development Department is currently staffed to provide for the regulatory and fiduciary responsibilities set forth by the rules and regulations of the U. S. Department of Housing and Urban Development (HUD), local, and state policies. All HCD staff serve specific technical and administrative roles in the department which allow for the administration, monitoring, and compliance with all local, state, and federal programs. For the FY2017-2018 Action Plan, HCD initially budgeted for 23 FTE positions. The attached organizational chart indicates 23 FTE positions with the red boxes indicating current vacancies in the department. HCD is proposing to remove the funding budgeted for the 3 FTE positions and function the department with 20 FTE positions. Removing any additional FTE positions will result in risking the City falling into non-compliance with the local, state, and primarily federal rules and regulations as mandated by the programs, therefore jeopardizing the City of Corpus Christi's participation in the programs and ultimately depriving the citizens who are at the most need. This result, in turn, prevents the City in administering the programs at the current and successful capacity properly and responsibly to the homeless, very low-, and low-income citizens of Corpus Christi. Attachments Organizational Chart HCD Titles and Salaries 6 i.1i1•11►C 1 ► a -01MVA[11►11111] 'A i1 J 111;11 HCD Director HCD Administrator Sr. Staff Assistant Management Aide Program Manager Program Specialist Sr. Staff Assistant Program Specialist Property Advisor Property Advisor Program Specialist P4operty Advisor •d Property Advisor O ro c 'c 0 c 1 Housing and Community Development Salaries & Benefits FY 2017 Job Title Annual Rate TMRS 20.46% FICA 7.65% TOTAL COST Self Ins 935.60 Grp Health Annual Director 89,682.42 18,349.03 6,860.71 114,892.16 935.60 4,612.92 Administrator 66,981.23 13,704.36 5,124.06 85,809.65 935.60 9,728.94 Housing Program Manager 56,651.74 11,590.95 4,333.86 72,576.55 935.60 4,612.92 Program Manager 45,362.67 9,281.20 3,470.24 58,114.11 935.60 9,728.94 Program Manager 43,176.83 8,833.98 3,303.03 55,313.84 935.60 4,612.92 Sr. Management Assistant 50,101.35 10,250.74 3,832.75 64,184.84 935.60 4,612.92 Sr. Management Assistant 38,105.40 7,796.36 2,915.06 48,816.82 935.60 4,612.92 Contract Administrator 44,484.18 9,101.46 3,403.04 56,988.68 935.60 4,612.92 Contract Administrator 42,341.52 8,663.08 3,239.13 54,243.73 935.60 0.00 Contract Administrator 37,423.00 7,656.75 2,862.86 47,942.61 935.60 4,612.92 Property Advisor 38,335.49 7,843.44 2,932.67 49,111.60 935.60 7,806.76 Property Advisor 42,315.94 8,657.84 3,237.17 54,210.95 935.60 0.00 Property Advisor 40,277.74 8,240.83 3,081.25 51,599.82 935.60 7,806.76 Program Specialist 33,097.17 6,771.68 2,531.93 42,400.78 935.60 7,806.76 Program Specialist 33,097.17 6,771.68 2,531.93 42,400.78 935.60 4,612.92 Program Specialist 33,097.17 6,771.68 2,531.93 42,400.78 935.60 4,612.92 Management Aide 27,227.77 5,570.80 2,082.92 34,881.49 935.60 7,171.06 Mortgage Servicing Aide 29,321.40 5,999.16 2,243.09 37,563.65 935.60 9,728.94 Sr. Staff Assistant 22,959.51 4,697.52 1,756.40 29,413.43 935.60 4,612.92 Management Assistant 33,943.52 6,944.85 2,596.68 43,485.05 935.60 4,612.92 Totals for 20 FTE Staff 847,983.22 173,497.39 64,870.71 1,086,351.32 19,647.60 110,520.28 TOTAL SALARIES TM RS FICA SELF INSURANCE GRP HEALTH 847,983.22 173,497.39 64,870.71 19,647.60 110,520.28 * 1,216,519.20 Salary amount does not include funding required for the overall administration of HCD which include: Fuel, office equiptment, office supplies, vehicle maintenance and repairs, postage, non -capital lease payments, telephones (5), memberships and dues, printing and advertising, training and travel and printshop/copy allocation. Page 8 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. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on February 6 and 16, 2017, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, July 11, 2017. All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that this Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2017-2018 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2017-2018 CAAP to HUD, and • to amend the FY2017-2018 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2017-2018 CAAP, and • to execute funding agreements, amendments and all other documents necessary to implement the FY2017-2018 CAAP with organizations for approved projects. @BCL@98055EE5 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 day of , 2017. ATTEST: Rebecca Huerta City Secretary @BCL@98055EE5 Joe McComb Mayor CITY COUNCIL - 2nd Reading Ordinance Staff Recommendations for the FY2017-2018 CAAP City Council July 25, 2017 Staff Recommendations - CDBG FY2017 City Departments • HCD - CDBG Program Administration - $160,000 S438,000 • HCD - Rehabilitation Services S847,000-$750,000 • HCD - Minor Home Repair Grant Program - S444,775 • Parks and Recreation - Play for All Playground at Salinas Park Phase II- $225,000 • Parks and Recreation - Nutrition Education Service Center (Central Kitchen) - $74,800 • Parks and Recreation - Moody Park Improvements - $112,750 • Parks and Recreation - South Bluff Park Improvements - $132,000 • Police - Code Enforcement Program $208,868 $307,032 • Projects funded with generated revenue (Program Income) • HCD - Single Family Rehabilitation - $500,000 • Police - Demolition Program - $100,000 • Police - Clearance of Vacant Properties - $122,836 (PI/Ent) Staff Recommendations - ESG FY2017 • City of Corpus Christi - ESG Admin Cost - $16,232 • Corpus Christi Hope House - $50,050 • Corpus Christi Metro Ministries - $50,050 • Family Endeavors of Corpus Christi - $50,050 • The Salvation Army - $50,050 Staff Recommendations - HOME FY2017 • HOME Administration/Technical Assistance - $84,459 • Homebuyer Assistance Program - $100,000 • Homebuyer Gap Financing Assistance Program - $375,000 • HCD Single Family Rehabilitation Program - $440,779 • HOME Program Set-aside funds - $585,137 QUESTIONS? CITY OF CORPUS CHRISTI FY2017 ANNUAL ACTION PLAN RECOMMENDED FY2017 CDBG PROGRAM FY2017 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens Program Income from Rehabilitation Program (Revolving Loan Funds estimate) TOTAL FUNDS AVAILABLE FOR FY2017 CDBG PROGRAM $2,405,193 $100,000 $200,000 $500,000 $3,205,193 # PROJECT & DESCRIPTION Request Staff Recomm Council Approval 1 HCD - CDBG Program Administration This project will fund 5.4 FTE staff salaries and administrative costs: 1 - Administrator, 1 -Program Manager, 1.8 -Sr. Management Assistants, and 1.6 -Contract Administrators. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal wage rate requirements. $460,000 $460,000 $436,000 2 HCD - Rehabilitation Services This is the operating budget for 13.5 FTE staff that service the various housing programs administered by HCD: 1 -Director (at 60%), 2 -Program Managers, 3 -Property Advisors, .5 -Contract Administrator (12%), 3 - Program Specialists, 1 -Mortgage Servicing Aide, 1-Managment Assistant (at 40%), 1-Managment Aide, and 1 Sr. Staff Assistant. The staff manage and administer the Demolition/Reconstruction Loan Program, Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Appliance Replacement Grant Program, Homebuyer Closing Cost Program, the Type A Homebuyer Program, and Mortgage Servicing which manages the servicing of approximately 700 loans provided through the Single Family Demolition/Reconstruction and Rehabilitation Loan Programs. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education, construction monitoring, project estimating, and development of specifications and drawings. $847,000 $847,000 $750,000 3 HCD - Minor Home Repair Grant Program Minor repair grants up to $20,000 for repairs which include lead based paint testing as required by HUD regulations on houses built prior to 1978 . Repairs consist of roof repairs, plumbing, electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 62 years old or older or disabled. $444,775 $444,775 $444,775 4 HCD -Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. Program Income - $500,000 $500,000 $500,000 $500,000 5 Parks and Recreation - Play for All Playground at Salinas Park Phase 11 Play for All Playground at Salinas Park is the City's first fully accessible playground for people of all ages and abilities. Phase II of the Play for All Playground at Salinas Park includes the addition of a shade structure for the play strucutre, swings, play panels, exercise equiptment and additional slides for all children to utilize. The playground is located next to Miracle Field - a fully accessible ball field. Phase I of the structure was built in February 2017. $225,000 $225,000 $225,000 1 # PROJECT & DESCRIPTION Request Staff Recomm Council Approval 6 Parks and Recreation - Nutrition Education Service Center (Central Kitchen) located at the Del Mar West Campus This Improvement Project will include a new roof to the city-owned portion of the building, and the replacement of 3 HVAC systems. The Nutrition Education Service Center prepares daily meals for the elderly for the eiaht senior centers and the Meals on Wheels Proaram $74,800 $74,800 $74,800 7 Parks and Recreation - Moody Park Improvements The Moody Park Improvements Project will include the replacement of the playground and a basketball court, and also provide new park benches and picnic tables, along with planting trees. Parks and Recreation will work with a playground and park amenity manufacturer to provide and install all of the structural improvements. As use of the park increases and neighbors are encouraged to connect with each other, it can serve as a base line for combating crime in the area. $112,750 $112,750 $112,750 8 Parks and Recreation - South Bluff Park Improvements The South Bluff Park Improvements Project will include the replacement of the playground, trail enhancements, park lighting, bathroom upgrades,and also provide new park benches, trash cans, BBQ pits, and trees. The department will work with a playground and park amenity manufacturer to provide and install all of the structural improvements. As use of the park improves and neighbors are encouraged to connect with each other, it can serve as a base line for combating crime in the area. $132,000 $132,000 $132,000 9 Police - Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 6 full time employees (FTE's): 5-Code Compliance Officials (100%) which includes a total of $307,032. Funding will be for salaries and approximately $6,667 for training and for certifications required for code enforcement. The CE Compliance Officials are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy-five (75) health, safety, and welfare related City Codes. All CDBG eligible census tracts in the city meet, per Resolution, HUD's criteria for a deteriorating area and meet the national objective of serving the low income citizens. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors by processing compliance requests through the mail and researching a property owner's name and address. $208,868 $208,868 $307,032 10 Police - Demolition Program This program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Program Income: $100,000 $100,000 $100,000 $100,000 11 Police - Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds; to include, abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Program Income: $100,000 $100,000 $100,000 $122,836 Total City Projects $3,205,193 $3,205,193 $3,205,193 Overall Total $3,205,193 $3,205,193 $3,205,193 2 RECOMMENDED FY2017 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2017 ESG Allocation $216,432 # PROJECT & DESCRIPTION Request Staff Recomm 1 City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested to fund a staff person at .40 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. $16,232 $16,232 2 Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short and medium term rental assistance and Rapid Re -housing Case Management and short and medium term assistance. $50,050 $50,050 3 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short- and medium term rental assistance, and Rapid Re -housing - Case Management and short- and medium term assistance. $50,050 $50,050 4 The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short- and medium term rental assistance and Rapid Re -housing - Case Management and short- and medium term assistance and Street Outreach. $50,050 $50,050 5 Family Endeavors of Corpus Christi Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short- and medium term rental assistance and Rapid Re -housing- Case Management and short- and medium term assistance and Street Out. Family Endeavors assists homeless veterans in the community. $50,050 $50,050 Overall Total** $216,432 $216,432 * All ESG funding must be matched at 100% 1 RECOMMENDED FY2017 HOME PROGRAM FY2017 HOME Allocation Reprogrammed Funds Program Income from Rehabilitation Program (Revolving Loan Fund estimate) TOTAL FUNDS AVAILABLE FOR FY2017 HOME PROGRAM $844,596 $400,000 $340,779 $1,585,375 # PROJECT & DESCRIPTION Request Staff Recomm 1 HOME Administration/Technical Assistance Administrative funds for .70 FTE staff, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in the request. Technical assistance will be provided to enhance the capacity of CHDO's, non -profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10% of the allowed 10% for administrative costs. $84,459 $84,459 2 Homebuyer Assistance Program Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $100,000 $100,000 3 Homebuyer Gap Financing Assistance Program Provide assistance to eligible homebuyers with a total household income of less than 80% AMI with up to $25,000 to purchase a newly constructed home within an undeveloped area within the City limits of Corpus Christi. The maximum sales price for the newly constructed home may not exceed $165,000. $375,000 $375,000 4 HCD - Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans, demolition grants, relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. $440,779 $440,779 INTERDEPARTMENTAL TOTAL $1,000,238 $1,000,238 Funding determination will be made no later than September 1, 2017 1 TG 110 - Samuel Place Apartments * (CHDO) Samuel Place Apartments, to be located on 4315 Carroll Lane, is an affordable housing multi -family community consisting of 60 units which serve low-income families, seniors and individuals. The project proposes to rehabilitate the entire complex. Improvements will include: energy efficient apartments and appliances, ceiling fans, low -E vinyl windows, central heat and air, a new common area building with community center and kitchen, business center/computer lab and laundry facility. The development will be financed primarily through The Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Samuel Place Apartments will serve residents at 30%, 50%, and 60% area median income. Total project cost: $14,137,611 $300,000 1 # PROJECT & DESCRIPTION Request Staff Recomm 2 MDA Housing Lipes Ltd. - The Avanti Bayside Apartments The Avanti Bayside apartments, to be located at 5409 Lipes Blvd., is a proposed affordable housing multi -family community consisting of 88 units to serve low-income families, seniors, and individuals. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. The Avanti Bayside Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $16,431,777 $300,000 3 TG 110 - Village at Henderson* (CHDO) Village at Henderson, to be located 5409 Lipes Blvd, is a proposed affordable housing multi -family community consisting of 88 units to serve low-income families, seniors, and individuals. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Village at Henderson Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $16,089,629 $300,000 HCD Projects Total $1,000,238 $1,000,238 Overall Total $1,900,238 $1,000,238 * Total Set -Aside to be determined no later than September 1, 2017 $585,137 $585,137 *HOME Subrecipient Agencies who submitted HOME FY2017 funding will be awarded funding no later than September 1, 2017 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs* 2 City Council Policy No. 9 Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward Affordable Housing Programs administered by the Housing and Community Development Department, as mandated by the U.S. Department of Housing and Urban Development. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Housing and Community Development Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission. (Res. No. 21901, § 1, 3-22-1994; Res. No. 026055, § 1, 12-14-2004; Res. No. 026571, § 1, 12-20-2005; Ord. No. 030000, § 1, 10-29-2013; Res. No. 030365, § 1, 12-16-2014; Res. No. 030525, § 1, 6-16-15) INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Keith Selman, Assistant City Manager From: Rudy Bentancourt, HCD Director Date: July 17, 2017 Subject: Housing Gap Financing Program Reauest Provide a memo indicating the reasoning the Homebuyer Gap Financing Program is moving forward in the FY2017-2018 Action Plan from decisions made in the Housing and Community Development Workshop on May 11. Background & Findings During the June 11, 2017 City Council Meeting, Councilman Smith asked staff why the Homebuyer Gap Financing Program is being recommended if at the Housing and Community Development Workshop, Council indicated staff should not bring it forward as a recommendation. During the May 11, 2017, the Housing and Community Development (HCD) Department presented in a City Council Workshop. During the workshop, HCD staff provided a variety of information regarding funding from the U.S. Department of Housing and Urban Development, HCD programs and Affordable Housing Programs -Current and Future. During the presentation, HCD staff presented a proposed Homebuyer Gap Financing Program to be proposed as a new program funded partially by the HOME Investment Partnerships (HOME) Program. After the review of the archived workshop on May 11, 2017, the primary concern of two council members was "is funding this program reasonable if 2018-2019 funds may be eliminated by the federal government." At the time of the workshop, HCD staff received no direction or motion from the body of City Council directing staff to not proceed with the program. The success of the Homebuyer Gap Flnandng Program, for this specific attempt of the creation of new affordable housing, will not depend or rely on continued govemment financing. Should the program become successful in the attempt to create a supply of new affordable homes, future federal funding, if received, may be sought in order to mirror the project. Type A Affordable Housing Funding is a long term option to continue to address affordable housing in the community if the program is successful. Most importantly, it is anticipated this program will create a supply for affordable housing. The purpose of the Homebuyer Gap Assistance Program is to provide gap financing in the form of a grant to qualified homebuyers who are income -qualified for a new home for less than the amount of the price of the home. This program will close the gap between what a homeowner qualifies for and the cost of a new home. The income - qualified homeowner would receive a grant up to $25,000, and based on a U. S. Department of Housing and Urban Development (HUD) a required gap analysis for the purchase of a new home must be conducted, therefore not all applicants would receive the maximum amount. Affordable housing has become a topic of discussion for several years, with workshops being conducted for past City Council members. In speaking with builders and developers, HCD is trying to address the growing issue of affordable housing as well as attempting to spark the creation of a subdivision and ignite the demand of new affordable homes Essentially, the program will help in creating a supply of new homes valued at $165,000 or below. The request and recommendation of HCD staff for the program is for $375,000 in HOME funds and if approved, HCD will request the same amount from the Type A Board. Conclusion Currently, the supply of new affordable housing in a new subdivision in the price of $165,000 or below does not exist in Corpus Christi. Utilizing the recommended HOME funds, combined with a future request of Type A funds, will allow approximately 30 or more homebuyers who will not otherwise qualify the opportunities to purchase a new and affordable home. INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Managert6._ l Thru: Keith Selman, Assistant City Manager From: Rudy Bentancourt, HCD Director Date: July 17, 2017 Subject: Homeless Work Program Request Provide a memo to Council defining if and how the Emergency Solutions Grant Program (ESG) funds can be used for the homeless in a work program. Background & Findings During the FY2017-2018 Pubic Hearing and First Reading Ordinance on July 11, 2017, the Housing and Community Development (HCD) Department recommended ESG funding for the following non-profit agencies which provide services to the homeless and almost homeless: Corpus Christi Hope House, Corpus Christi Metro Ministries, Family Endeavors of Corpus Christi and The Salvation Army. Each of the agencies requested $30,000 of ESG funding for FY2017-2018. Due to the amount of ESG entitlement funds received for Corpus Christi, HCD has recommended $50,050 in funding for each agency. HCD has reached out to each agency funded to inquire if they have work programs which assist the homeless in obtaining skills for the workplace. Of the agencies replying, none currently have a program available which provides transportation to and from work. The Salvation Army currently has two (2) work programs available to homeless clients. The first is a Culinary Arts School. This is an 8-10 week program where students learn a trade and graduate. The classes conducted in the program are Kitchen 101, Basic Cooking Class, Advanced Cooking Class, Knife skills class, Baking and Deserts, Food Preparation and Catering Services Training. This class has a 95% success rate where students/dients find jobs frequently before graduating. The second lass is Thrift Operations. This is an 8-10 week program where students are trained to work in a retail environment and how a successful warehouse operates. The classes conducted in the program are Pricing, Sorting and Sales, Customer Service, Product Placement and Distribution and Donation Management With additional funding The Salvation Army is prepared to offer additional work program courses such as Resume Workshop, Interviewing 101 and Conflict Resolution and Emotional Intelligence Training as well as funding for Lodging and food, Program Supplies, Salary coverage for instructors. Family Endeavors of Corpus Christi was also recommended for funding in the same amount. Family Endeavors provides services only to homeless veterans in the community. At the time of Case Management, a client is referred to an Employment Specialist who will work with the client and provide referrals for employment Once an appointment is set up, an employment assessment is conducted on the veteran to identify barriers, job skills/training, work history, goals and referral if needed. A plan is developed to provide resources, job search and placement leads, interview preparation and assistance with the overall process If needed, financial assistance may be approved for the purchase of uniforms, shoes, transportation to work, renewal of licenses or certifications or aids for instruction. All assistance must tie back to the housing stability plan and employment services. Engagement remains until the dient is exited from the Veteran Supportive Services Program. Conclusion The above listed programs provide services for the homeless in the respective non- profit agencies. The Housing and Community Development (HCD) Department is a funding source, through the Emergency Solutions Grant and can provide funding through a Request for Proposal process for services identified by a non-profit to provide. HCD will work with a non-profit to identify the use of available current year ESG funds to develop and fund a work program which provides transportation to homeless clients staying in sheltersfor work purposes. 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 First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: July 10, 2017 Margie Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2017 through September 30, 2018 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. PURPOSE: To provide funding for the Health Department to implement targeted and evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: The following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: 1) Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2017 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2017 and the final Project Work Plan submission is due to DSHS on or before October 31, 2017. 2) Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2017 and the final Evaluation Plan version is due to DSHS on or before November 30, 2017. 3) Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2018. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 30, 2018. 4) Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2018. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 31, 2018. 5) Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2018. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2018. 6) Participate in twelve monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 28th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings begin October 1, 2017. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: • •Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016 -003808D -Amendment #04 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/T(HC) grant in the amount of $50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $150,000.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of October 1, 2015, through September 30, 2018, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators. Section 2: That the increased grant amount of $50,000.00, is appropriated in the No. 1066 Health Grants Fund to continue the HPCDP/TXHC grant in the Health Department. Section 3: The amendment includes revisions to Section 7, II Performance Measures and Section 15 Programmatic Reporting requirements. Section 4: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor 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: Mayor 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 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 2016-003808D AMENDMENT NO. 4 The Department of State Health Services ("DSHS") and Corpus Christi-Nueces County Public Health District (City) ("Contractor"), parties to that certain Texas Healthy Communities Grant contract effective October 1, 2015 and denominated HHSC Contract No. 2016-003808-00 as amended (the "Contract"), now desire to further amend the Contract. WHEREAS, the Parties wish to revise the Scope of Work, and WHEREAS, the Parties wish to extend the term of the Contract to allow for successful completion of the Project; and WHEREAS, these revisions will result in an increase in contract value. NOW, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION 2 of the Contract, Total Amount, is amended to add FIFTY TIIOUSAND DOLLARS ($50,000.00) for the period of October 1, 2017 through September 30, 2018 for a total contract amount not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000). Contractor will be paid on a cost reimbursement basis and in accordance with the budget in ATTACHUIENT B.2 of this contract. 2. SECTION 4 of the Contract, Term of the Contract, is hereby amended to reflect a termination date of September 30, 2018. 3. SECTION 7 of the Contract, Performance Measures, is amended to add the following: Contractor shall: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2017 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2017 and the final Project Work Plan submission is due to DSHS on or before October 31, 2017. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2017 and the final Evaluation Plan version is due to DSHS on or before November 30, 2017. 1 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2018. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 30, 2018. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2018. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 31, 2018. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2018. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2018. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 3151, November 28th, December 31st, January 30th, February 28t1', March 31St, April 30th, May 29th, June 30th, July 31St, August 3155, and September 30th. Contractor will submit written monthly reports as directed by DSHS. 4. SECTION 15 of the Contract, PROGRAMMATIC REPORTING REQUIREMENTS, is amended to add the following: Report Name Project Work Plan Evaluation Plan Interim Progress Report Texas Healthy Communities Assessment Report Final Progress Report Financial Status Report (FSR) Financial Status Report Financial Status Report Financial Status Report Frequency Nonrecurring Nonrecurring Annually Nonrecurring Nonrecurring Quarterly Quarterly Quarterl y Quarterly 2 Period Begin Period End Due Date 10/31/2017 11/30/2017 10/0112017 03, 15 2018 03/30/2018 05/31/2018 10/01/2017 08/31/2018 09/14/2018 10/01/2017 12/31/2017 01/31/2018 01/01/2018 03/31/2018 04/30/2018 04/01/2018 06/30/2018 07/31/2018 07/01/2018 09/30/2018 11/15/2018 1. This Amendment No. 4 shall be effective as of October 01, 2017. 2. Except as amended and modified by this Amendment No. 4, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 3. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS 3 DSHS SIGNATURE PAGE FOR AMENDMENT No. 4 HHSC CONTRACT No. 2016-003808D CONTRACTOR By: Name: Janna Zumbrun, M.S.S.W Name: Title: Associate Commissioner for Disease Title: Control and Prevention Annette Rodriguez Director of Public Health Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACUMENT B.2 - CATEGORICAL BUDGET Attachment B.2 Contract No. 2016-003808D Categorical Budget: PERSONNEL $32,328.00 FRINGE BENEFITS $9,537.00 TRAVEL $2,529.00 EQUIPMENT $0.00 SUPPLIES $5,606.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $50,000.00 INDIRECT CHARGES $0.00 TOTAL $50,000.00 Total Budget $50,000.00 Docu GsICUIID Certificate Of Completion Envelope Id: 689C3F5A82A94AA1B673722C69ADCAEE Status Sent Subject: REVISED 5150,000.00; DSHS AMEND NO. 2018-0038080; Corpus Christi- Nueces County PHD. HPCDP-TXHC Source Envelope° Document Pages; 15 Signatures; 0 Envelope Originator Supplemental Document Pages; 0 Initials: 0 Josalyn Wilson Certificate Pages: 3 AutoNav: Enabled Payments' 0 1860 Michael Faraday Dr Envetopeld Stamping: Enabled Reston, VA 20190 Time Zone: (UTC -06 00) Central Time (US & josalyn,wilson@hhsc state tx us Canada) IP Address: 167,137.1.15 Record Tracking Status' Original 4/28/2017 1 4 04 PM Signer Events Patty Melchior Patty,Melchior@dshs.stale.tx,us Resource Director Department State Health Services Security Level; Email Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID, Joe James Joe.james@hhsc,state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: Annette Rodriguez annetter@cclexas.com Director of Public Health Security Level: Email, Account Authentication (None) Electronic Record and Signature Disdosure Not Offered via DocuSign ID: Janna Zumbrun Janna.Zumbrun@dshs.state.lx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure' Not Offered via DocuSign ID: Holder Josalyn Wilson Location DocuSign Josalyn.wilson@hhsc.stale.tx. us Signature Completed Using IP Address: 160.42.65.9 Completed Using IP Address: 167.137.1.16 Timestamp Sent: 4/28/2017 1 4 23 PM Viewed: 5/112017 12.21 PM Signed: 5/11201712, 22 PM Sent; 511/2017 1 2 23 PM Viewed: 5/13/2017 1 10.43 AM Signed: 5/8/2017110 43 AM Sent: 51812017 1 10.44 AM Viewed: 518/2017 12 50 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Jonah Wilczynski Jonah.wllczynski@dshs,slato.tx.us Contract Manager Texas Health and Human Services Comm.ssian Security Level Email, Account Authentication (Nona) Electronic Record and S;gnature Disclosure. Not Offered via DocuSlgn ID: Justin Davis Justin.davis@dshs.state .tx.us Department of State Health Services Security Level. Email, Account Authentication (None) Electronic Record and S gnature Disclosure Not Offered via DocuSlgn ID: Amy Greene amy.greene@hhsc.stale.tx.us Contract Specialist V Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID Susana Garcia susana.garcta@dshs.state.tx.us Unit Director Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSlgn ID: William M. Uhlarik wiiliamu2@cctexas.com Assistant Director of Public Health Corpus Christi-Nueces County P.H.D. Security Level Email Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: DSHS CMU Inbox CMUContracts@dshs.texas gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. Status Status Status COPIED COPIED COPIED COPIED COPIED Timestamp Tlmestamp Timestamp Sent 4/2812017 1 4 23 PM Viewed 5/112017 1 8 07 AM Sent 4/28!2017 14 23 PM Sent 4/28/2017 l 4 23 PM Sent 4128/2017 1 4 23 PM Sent. 518/2017 1 10 44 AM Notary Events Timestamp Envelope Summary Events Envelope Sent Status Timestamps Hashed/Encrypted 5/8/2017 110 44 AM Payment Events Status Timestamps AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: July 10, 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 Acceptance of the IMM/LOCALS Immunization Branch -Locals Grant and Grant Program Income in the amount of $311, 637.00, and appropriation of the funds for the contract period September 1, 2017 through August 31, 2018. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating related program income in the estimated amount of $70,000.00 in the Health Grants Fund No. 1066. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637.00 to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to the population of the State of Texas. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2017. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $311,637.00 $311,637.00 BALANCE $311,637.00 $311,637.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. The Department of State Health Services ("DSHS") allows the Health Department to charge fees to administer vaccines provided by the grant; however, any fees collected during each month of the grant must be deducted from each monthly grant reimbursement request made to DSHS. Annual grant program fees are estimated to be $70,000 that have been included in the FY2016-2017 Health Department Budget. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 537-18-0077-00001 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating related program income in the estimated amount of $70,000.00 in the Health Grants Fund No. 1066. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, for the contract period of September 1, 2017 through August 31, 2018, to provide personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger. Section 2: Authorizing the appropriation of an estimated $70,000.00, IMM/LOCALS grant program income in the No. 1066 Health Grants Fund, for a total project cost of $311,637.00. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor 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: Mayor 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 DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591 EBB4D887 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0077-00001 UNDER THE IMMUNIZATION/LOCALS GRANT PROGRAM I. PURPOSE The Department of State Health Services ("System Agency"), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for immunization services (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with 42 USC 247b; 42 USC 243; 42 USC 300aa-3, 300aa-25, and 300aa-26; 42 USC 1396s; Chapter 791 of the Texas Government Code, and Chapters 81, 161 and 1001 of the Texas Health and Safety Code. IH. DURATION The Contract is effective on September 1, 2017 and terminates on August 31, 2018, unless renewed or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The total amount of this Contract will not exceed Two HUNDRED FORTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN DOLLARS ($241,637.00). The System Agency will act as a pass- through entity for up to ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED TWELVE DOLLARS (5107,512.00). The remainder, ONE HUNDRED THIRTY-FOUR THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($134,125.00), will be provided from state funds. All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET. V. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Aeencv Department of State Health Services 1100 West 49th Street Austin, Texas 78756 Attention: Tray Kirkpatrick tray.kirkpatrickndshs.state.tx.us System Agency Contract No. 537-18-0077-00001 Page 1 of 3 v. 11.15.2016 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Home Road Corpus Christi, Texas 78416 Attention: Annette Rodriguez annetter(cctexas.com VL LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: Lisa Hernandez 1100 W. 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Home Road Corpus Christi, Texas 78416 Attention: Annette Rodriguez annetterralcctexas.com Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. D. ADDI"l IONAL GRANT INFORMATION Federal Award Identification Number (FAIN): H23IP000773 Federal Award Date: 9108,2016 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: Immunization and Vaccines for Children Program 93.268 Awarding Official Contact Information: SeQuoyah Hill, Office: (770) 488-8350; email: kwj3(a,cdc.gov DUNS: 069457786 v. 02.01.2016 SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-0077-00001 Page 2 of 3 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. 537-18-0077-00001 DEPARTMENT OF STATE HEALTH SERVICES GRANTEE Name: Janna Zumbrun Title: Associate Commissioner Disease Control and Prevention Name: Annette Rodriguez Title: Heal th Di rector Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. 537-18-0077-00001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A - ATTACHMENT B - ATTACHMENT C - ATTACHMENT D - ATTACHMENT E - ATTACHMENT F - v. 02.01.2016 STATEMENT OF WORK BUDGET UNIFORM TERMS AND CONDITIONS SUPPLEMENTAL & SPECIAL CONDITIONS FEDERAL ASSURANCES AND CERTIFICATIONS FFATA roved as to for s tant C' Att Forty Attorney System Agency Contract No. 537-18-0077-00001 Page 3 of 3 DocuSign Enveiope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger (birth to 35 months of age). Contractor shall incorporate traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies, as described herein. B. Be enrolled as a provider in the Texas Vaccines for Children (TVFC) and the Adult Safety (ASN) Programs by the effective date of this Program Attachment. This includes a signed Deputization Addendum Form (E6-102) and adherence to the TVFC Operations Manual and associated TVFC policy guidelines provided by the DSHS Immunization Unit (located at http://www.dshs.state.tx.us/immunize/tvfc/tvfc manual.shtm). C. Comply with written policies and procedures provided by DSHS in managing vaccines supplied through the ASN and TVFC Programs, including guidelines for proper storage, handling, and safeguarding of vaccines in the event of natural disaster. Contractor shall comply with all requirements laid out in the final, approved Work Plan (Exhibit A). 1. Contractor will use the current vaccine management system as described in the TVFC Operations Manual. 2. Contractor will notify ASN and TVFC providers of changes to vaccine storage and handling, vaccine management reporting, and present updates and training to providers, as requested by DSHS. Contractor will plan and implement community-based activities and collaborations to accomplish the required tasks as specified in the final, approved Work Plan (Exhibit A). D. Report all notifiable conditions as specified in Texas Administrative Code (TAC) Title 25, Part I §§ 97.1-97.6 and §§ 97.101-97.102, and as otherwise required by law. E. Report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at http:,;/vaers.hhs.gov/ or 1-800- 822-7967). F. Inform and educate the public about vaccines and vaccine -preventable diseases, as described in the DSHS Immunization Contractors Guide for Local Health Departments (located at http:/Iwww.dshs.state.tx.us/immunizeldocsicontractor El 1- 13985 FY2018_ContractorsGuide.pdf). System Agency Contract No 537-18-0077-00001 v. 02.01.2016 Page 1 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 ATTACHMENT A STATEMENT OF WORK G. Conduct outreach and collaborative activities with American Indian tribes located within the boundaries of the contractor's jurisdiction. H. Work to promote a health care workforce within the Local Health Department's (LHDs) service area (including Contractor's staff) that is knowledgeable about vaccines, vaccine safety, vaccine -preventable diseases, and delivery of immunization services. I. Not deny vaccinations to recipients because they do not reside within Contractor's jurisdiction or because of an inability to pay an administration fee. J. Comply with all applicable federal and state regulations and statutes, including but not limited to: 1. Human Resources Code §42.043, VTCA; 2. Education Code §§38.001-38.002, VTCA; 3. Health and Safety Code §§12.032, 81.023, and 161.001-161.009, VTCA; 4. TAC Title 25, Chapter 97; 5. TAC Title 25, Chapter 96; 6. TAC Title 25, Chapter 100; 7. 42 USC §§247b and 300 aa -25; 8. Omnibus Budget Reconciliation Act of 1993, 26 USC §4980B. K. Comply with current applicable state and federal standards, policies and guidelines, including but not limited to DSHS's Standards for Public Health Clinic Services, revised August 31, 2004 (located at http:/.,www.dshs.state.tx.us'gmbr'default.shtm#public). L. Be responsible for identification and case management of all surface antigen (HBsAg) -positive pregnant women. Contractor shall ensure timely newborn post exposure prophylaxis (PEP) with hepatitis B vaccine and hepatitis B immune globin (HBIG), timely completion of doses two and three of hepatitis B vaccine, and timely completion of post -vaccination serologic testing (PVST). M. Be responsible for conducting outreach regarding vaccinations for children (19 through 35 months of age in the Contractor's jurisdiction) included on the list distributed to Contractor by the ImmTrac Group at DSHS. Lists are distributed through ImmTrac at the start of each quarterly reporting period (September 01, 2017; December 01, 2017; March 01, 2018; and June 01, 2018). N. Be responsible for conducting outreach to 17-year-olds included on the lists distributed to the Contractor by the ImmTrac Group at DSHS to explain the lifetime registry and obtain their consent to remain in ImmTrac as an adult. Lists are distributed on October 1, 2017; December 1, 2017; February 1, 2018; April 1, 2018; June 1, 2018; and August 1, 2018. System Agency Contract No. 537-18-0077-00001 v 02.01.2016 Page 2 DocuSrgn Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK 0. Be responsible for conducting outreach to new ImrnTrac providers who have logged into Irum Trac within 30 days of registering. Lists of these providers are distributed at the beginning of each month. P. Be responsible for conducting outreach to existing ImmTrac providers that have not logged in into lmmTrac in the last 90 days. Lists are distributed on September 1, 2017; November 1, 2017; January 1, 2018; March 1, 2018; May 1, 2018; and July 1, 2018. Receive written approval from DSHS before varying from applicable policies, procedures, protocols, and/or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this contract within forty-eight (48) hours of making approved changes. Q. R. Review monthly contract funding expenditures and salary savings from any contract -paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this contract before the end of the contract term on August 31, 2018. S. Send at least one representative to Immunization Unit mandatory meetings held in Austin, including the 1) Immunization Unit local health department held in the fall of every year and the 2) TVFC Annual Training held in January/February of every year. Additional mandatory meetings may be required during the contract term. T. Submit out of state travel requests to the Immunization Unit for approval when utilizing contract funds or program income. U. Agree DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a monthly basis. If expenditures are below what is projected in Contractor's total Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. V. The following performance measure(s) will be used, in part, to assess Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the terms of the Contract. AA. Investigate and document, in accordance with DSHS Emerging and Acute Infectious 1. Disease Investigation Guidelines (located at 2. http:.Ywww.dshs.state.tx.us/idcu/investiaation/conditions/) and NBS Data Entry Guidelines, at least 90% of confirmed or probable reportable vaccine -preventable disease cases within thirty (30) days of initial report to public health. BB. Complete 100% of the follow-up activities, designated by DSHS, for TVFC provider quality assurance site visits assigned by DSHS. System Agency Contract No. 537-18-0077-00001 v. 02.01 2016 Page 3 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK CC. Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Health Service Region (HSR) Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. DD. Contact and provide case management to 100°0 of the number of hepatitis B surface antigen -positive pregnant women identified. EE. Contact 3°o or 250 children (whichever is more) per each Full Time Equivalent (FTE) contract employee position, who are not up-to-date on their immunizations according to the ImmTrac-generated client list provided to the contractor by DSHS at the beginning of each reporting period. FF. Perform outreach and education activities targeting adolescents 14 to 18 years of age and their parents via health-care providers, health-care clinics, hospitals, and any other health- care facility providing health care to adolescents 14 to 18 years of age to satisfy Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095 requirements. Outreach and education activities must focus on the immunization registry and the option for an individual who is 18 years of age or older to consent to having their immunization records stored within the immunization registry. Additional outreach and educational activities may focus on high schools, colleges, and universities. GG. Participate in at least one collaborative meeting concerning tribal health issues, concerns, or needs with American Indian tribal members during the contract term if American Indian tribes are in their jurisdiction. HH. Report outreach done, and collaborative efforts made, with the American Indian tribes in the contractor's jurisdiction. II. Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy to ensure the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccines orders (when applicable) must be documented in the Electronic Vaccine Inventory (EVI) system. JJ. Complete 100% of child-care facility and Head Start center assessments, in accordance with the Immunization Population Assessment Manual, as assigned by the DSHS Immunization Unit. KK. Complete 100% of public and private school assessments, retrospective surveys, and validation surveys, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. LL. Report number of doses administered to underinsured children monthly, as directed by DSHS. System Agency Contract No. 537-18-0077-00001 v. 02.01.2016 Page 4 DocuSign Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK MM. Report the number of unduplicated underinsured clients served, as directed by DSHS. W. Utilize the Assessment, Feedback, Incentives, and eXchange (AFDC) on-line tool and methodology to assess immunization practices and coverage rates for all sub -contracted entities and non -local health department clinics. Immunization provider coverage rates will be generated using the Comprehensive Clinic Assessment Software Application (CoCASA), as specified by DSHS. X. Utilize the Centers for Disease Control and Prevention (CDC) Provider Education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document TVFC compliance site -visits for all sub -contracted entities and non -local health department clinics. The Contractor shall submit the final assessment results in the PEAR system within twenty-four (24) hours of conducting the visit. Y. Utilize the CDC PEAR system and directly enter data into PEAR to document TVFC unannounced storage and handling visits conducted at TVFC provider offices. The Contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24) hours of conducting the visit. Z. Required to complete and submit Immunization Inter -Local Agreement (ILA) Quarterly Report form, utilizing the format provided by the DSHS Immunization Unit and available at http://www.dshs.state.tx.us/immunize/providers.shtm, by the report due date. Report Type Reporting Period Report Due Date Programmatic 09/1/2017 to 11 30 2017 12 29 2017 Programmatic 12/1/2017 to 02=28'2018 4,01, 2018 Programmatic 03/1/2018 to 05 30 2018 7`01 2018. Programmatic 06/1/2018 to 08 31 2018 10 01 2018 Contractors LHD ILA Quarterly Reports should be submitted electronically to dshsimmunizationcontracts@dshs.state.tx.us according to the time frames stated above. IL PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in Attachment A and compliance with the Contract's terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.texas.gov/grants/forms.shtm Voucher and any System Agency Contract No 537-18-0077-00001 v. 02.01.2016 Page 5 DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK supporting documentation will be mailed or submitted by fax or electronic mail to the address, number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices(a,dshs.state.tx.us B. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. System Agency Contract No. 537-18-0077-00001 v. 02.01.2016 Page 6 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT B BUDGET SUMMARY Organization Name: Corpus Christi-Nueces County PHD Contract Number: 537-18-0077-00001 Budget Categories Program ID: WMM/LOCALS Budget Categories DSHS Funds Requested Cash Match In Kind Match Contribution Category Total Personnel $145,693.00 $ 145,693.00 Fringe Benefits $60,200.00 $60,200.00 Travel $8,337.00 $8,337.00 Equipment $0.00 $0.00 Supplies $11,105.00 $11,105.00 Contractual $8,280.00 $8,280.00 Other $8,022.00 $8,022.00 Total Direct Costs $241,637.00 $241,637.00 Indirect Costs $0.00 $0.00 Totals $241,637.00 $0.00 $241,637.00 System Agency Contract No. 537-18-0077-00001 Page 1 of 1 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 HHSC Uniform Terms and Conditions Version 2.14 Published and Effective: March 1, 2017 Responsible Office: Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.14 DocuSi gn Envelope ID 19E35B26-7287-4C76-88E3-3591 EBB4D887 TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1.01 Definitions 4 1.02 Interpretive Provisions 5 ARTICLE II Payment Methods and Restrictions 6 2.01 Payment Methods 6 2.02 Final Billing Submission 6 2.03 Financial Status Reports (FSRs) 7 2.04 Debt to State and Corporate Status 7 2.05 Application of Payment Due 7 2.06 Use of Funds 7 2.07 Use for Match Prohibited 7 2.08 Program Income 7 2.09 Nonsupplanting . 8 ARTICLE III. STATE AND FEDERAL FUNDING 8 3.01 Funding 8 3.02 No debt Against the State 8 3.03 Debt to State 8 3.04 Recapture of Funds 8 ARTICLE IV Allowable Costs and Audit Requirements 9 4.01 Allowable Costs- .. 9 4.02 Independent Single or Program -Specific Audit 10 4.03 Submission of Audit 10 Article V AFFIRJdATIONS, ASSURANCES AND CERTIFICATIONS 10 5.0I General Affirmations 10 5.02 Federal Assurances 10 5.03 Federal Certifications 10 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 11 6.01 Ownership 11 6.02 Intellectual Property 11 ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 11 7.01 Books and Records 11 7,02 Access to records, books, and documents 11 Grantee Uni form Terms and Conditions Page 2 of 19 1.1 1' DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 7.03 Response/compliance with audit or inspection fmdings 12 7.04 SAO Audit 12 7.05 Confidentiality 12 7.06 Public Information Act 12 ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 12 8.01 Contract Management 12 8.02 Termination for Convenience 13 8.03 Termination for Cause 13 8.04 Equitable Settlement 13 ARTICLE IX MISCELLANEOUS PROVISIONS 13 9.01 Amendment 13 9.02 Insurance 13 9.03 Legal Obligations 14 9.04 Permitting and Licensure 14 9.05 Indemnity 14 9.06 Assignments 15 9.07 Relationship of the Parties 15 9.08 Technical Guidance Letters 15 9.09 Governing Law and Venue 16 9.11 Survivability 16 9.12 Force Majeure 16 9.13 No Waiver of Provisions 16 9.14 Publicity 16 9.15 Prohibition on Non -compete Restrictions 17 9.16 No Waiver of Sovereign Immunity 17 9.17 Entire Contract and Modification 17 9.18 Counterparts 17 9.19 Proper Authority 17 9.20 Employment Verification 17 9.21 Civil Rights 17 Grantee Uniform Terms and Conditions Page 3of19 v 3.1.17 DocuSrgn Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a , ritten agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters, as herein defined. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the Signature Document or included by reference, as if physically, within the body of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference herein for all purposes if issued. "Deliverable" means the work product(s) required to be submitted to the System Agency including all reports and project documentation. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "System Agency" means 11-ISC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies. These agencies include: the Department of Aging and Disability Services, the Department of Family and Protective Services, and the Department of State Health Services. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract, if any. May also be referred to as "Contractor" in certain attachments. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property" means inventions and business processes, whether or not patentable; works of authorship; trade secrets, trademarks; service marks; industrial designs; and creations Grantee Uniform Terrns and Conditions Page 4 of 19 v.3117 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub imentorprotege,. "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Project" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or "Pl A" means Chapter 552 of the Texas Government Code. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation or "RIA"" means the document issued by the System Agency under which applications for Program funds were requested, which is incorporated herein by reference for all purposes in its entirety, including all Amendments and Attachments. "Solicitation Response" or "Application" means Grantee's full and complete response to the Solicitation, which is incorporated herein by reference for all purposes in its entirety, including any Attachments and addenda. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textraver' means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. c. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Grantee Uniform Terms and Conditions Page 5of19 v. 3.1.17 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." j. Time is of the essence in this Contract. ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract, the payment method will be one or more of the following: a. cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency. Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a fmal close-out invoice not later than forty-five (45) calendar days following Grantee Uniform Terms and Conditions Page 6 of 19 DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591EBB4D887 the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _.25(g)(2), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using it for the purposes and under the conditions specified in this Contract. Grantee Uniform Terms and Conditions Page 7of19 v. 3.1.17 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency. This requirement specifically applies to any debt or delinquency, regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. v ?.1 ]' Grantee Uniform Terms and Conditions Page 8 of 19 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid funds to Grantee for unallowable or ineligible costs, the System Agency will notify Grantee in writing, and Grantee shall return the funds to the System Agency within thirty (30) calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments 2 CFR, Part 225 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR, Part 220 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non -Profit Organizations 2 CFR, Part 230 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Grantee Uniform Terms and Conditions Page 9 of 19 v. 3.1.17 DocuSlgn Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.02 Independent Single or Program -Specific Audit If Grantee, within Grantee's fiscal year, expends a total amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program -specific audit in accordance with 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 m state funds awarded, Grantee must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program -specific audits. HHSC Single Audit Services will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the Single Audit Determination Form within thirty (30) calendar days after notification by HHSC Single Audit Services to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. Each Grantee that is required to obtain a single audit must competitively re - procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. 4.03 Submission of Audit Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Program -Specific Audit to the System Agency as directed in this Contract and another copy to: single_audit_reportghhsc.state.tx.us ARTICLE V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.02 Federal Assurances Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal Certifications Grantee further certifies, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, or regulations, as they may pertain to this Contract. v j.1 J' Grantee Uniform Terms and Conditions Page 10 of 19 DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591 EBB4D887 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty -free, paid up, worldwide, perpetual, non-exclusive, non -transferable license to use any Intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 7.02 Access to records, books, and documents In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors will permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that will have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that will have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee will include this provision concerning Grantee Uniform Terms and Conditions Page 11 of 19 v. 3.1.17 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.03 Response/compliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services, Grantee must provide to IiHSC upon request a copy of those portions of Grantee's and its Subcontractors' intemal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the terms of this section. To the extent permitted by law, Grantee agrees to keep all information confidential, in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file (".pdf') format or any other format agreed between the Parties. ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 8.01 Contract Management To ensure full performance of the Contract and compliance with applicable law, the System Agency may take actions including: a. Suspending all or part of the Contract; Grantee Uniform Terms and Conditions Page 12 of 19 DocuSign Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with term of the Contract; c. Recouping payments made to the Grantee found to be in error; d. Suspending, limiting, or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract; and f. Imposing any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation, or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in 1-IHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables, or otherwise fully perform its responsibilities under the Contract. 8.04 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE IX MISCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Parties. 9.02 Insurance Unless otherwise specified in this Contract, Grantee will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required Grantee Uniform Terms and Conditions Page 13 of 19 v 3.1.17 DocuS{gn Envelope ID 19E35B26-72B74C76-88E3-3591 EBB4D887 under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach of the Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees, premiums, pennits, and licenses required by law. Grantee agrees to be responsible for payment of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. 9.05 Indemnity To TIIE EXTENT ALLOWED BY LAW, GRANTEE . WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM AGENCY AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS' FEES AND COURT COSTS ARISING OUT OF, OR CONNECTED WITH, OR RESULTING FROM: a. GRANTEE'S PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR c. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS AGENTS; OR Grantee Uniform Terms and Conditions Page 14 of 19 . 1.17 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract, will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal -agent, or to otherwise create for the System Agency any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency .will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, or any other taxes or fees; d. Industrial or workers' compensation insurance coverage; e. Participation in any group insurance plans available to employees of the State of Texas; f. Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or h. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in Grantee Uniform Terms and Conditions Page 15 of 19 v 3.1.17 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant,of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject 3117 Grantee Uniform Terms and Conditions Page 16 of 19 DocuSign Envelope ID: 19E35B26-7267-4C76-88E3-3591 EBB40887 matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti -discrimination laws, including: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); 5. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); 6. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and Grantee Uniform Terms and Conditions Page 17 of 19 v. 3.1.17 DocuSgn Envelope 0: 19E35B26-7287-4C76-88E3-3591 EBB4D887 7. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color. national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. b, Grantee agrees to comply with Title V1 of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: httn://hhscx.hhsc.texas.gov/system-support- services/civil-rights/publications d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Pan 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 5151 Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 v. 3.1.17 Grantee Uniform Terms and Conditions Page 18 of 19 DocuSign Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. Grantee Uniform Terms and Conditions Page 19 of 19 v. 3.1.17 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D88TAct t t AChiMENT D SUPPLEMENTAL & SPECIAL CONDITIONS SGPPLENIENTAL CONDITIONS There are no supplemental condition for this contract that modify the HHS Uniform Terms and Conditions. SPECIAL CONDITIONS Section 1.01 Notice of Legal Matter or Litigation. Grantee shall notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven calendar days of becoming aware of the litigation or legal matter. Section 1.02 Notice of a Contract Action. Grantee shall notify their assigned contract manager assigned to the contract if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. Section 1.03 Notice of Bankruptcy. Grantee shall notify in writing their assigned contract manager assigned of its plan to seek bankruptcy protection within five days of such action by Grantee. Section 1.04 Notice of Criminal Activity and Disciplinary Actions. a. Grantee shall immediately report in writing their contract manager when the Grantee has knowledge or reason to believe any that they or any person with ownership or controlling interest in the organization `business, or their agent, employee, subcontractor or volunteer that is providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; and 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; or 3. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under dais section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 1.05 Grantee's Notification of Change of Contact Person or Key Personnel. Within ten days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Grantee's Contact Person or Key Personnel. Section 1.06 Services and Information for Persons with Limited English Proficiency. a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not v. 03.10.2016 Page 1 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 1 1ACI3MENT D SUPPLEMENTAL & SPECIAL CONDITIONS require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. Section 1.07 HIV/AIDS Model Workplace Guidelines. Grantee shall implement Department's policies based on the Human Immunodeficiency Virus:' Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy:`policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. Section 1.08 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Grantee performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of v. 03.10.2016 Page 2 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591 EBB4D8877 1 i ACIiMENT D SUPPLEMENTAL & SPECIAL CONDITIONS Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Grantee's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Grantee's assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Grantee represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Grantee becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Grantee represents and warrants that it wil,l, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Grantee acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Grantee's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Grantee nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Grantee's representations and warranties, Grantee will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of v. 03.10.2016 Page 3 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887It 1 'ACM/ENT D SUPPLEMENTAL & SPECIAL CONDITIONS any other remedies to which DSHS may be entitled under this Contract and other applicable law. v. 03.10.2016 Page 4 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 OMB Number. 4040-0007 Expiration Date: 01/31/2019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040). Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances if such is the case, you will be notified. As the duly authonzed representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State. through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest. or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescnbed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P.L 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended. relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.0 §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable. with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds Previous Edition Usable Standard Form 4248 (Rev. 7-97) Authorized for Local Reproduction Prescnbed by OMB Circular A-102 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 11. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States. Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE L._ 1 APPLICANT DATE SUBMITTED �ORGANIZATION [ Standard Form 4248 (Rev. 7-97) Back DocuSign Envelope !D 19E35B26-7287-4C76-88E3-3591EBB4D887 CERTIFICATION REGARDING LOBBYING Certification tor Contracts, Grants. Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 11) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment, or modification of any Federal contract. grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in.connection with this Federal contract, grant, loan, or cooperative agreement. the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts. subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entenng into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100.000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. APPLICANT'S ORGANIZATION PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: Last Name: * Title: * First Name: !Annette (Rodriguez Middle Name: Suffix: * SIGNATURE: * DATE: DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Annette Rodriguez Signature of Authorized Representative Title of Authorized Representative Date -1- Department of State Health Services Form 4734 — June 2013 DocuSign Envelope ID 19E35826-72B7-4C76-88E3-3591EBB4D887 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No If your answer is "Yes", skip questions "A" "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ❑ No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 Certificate Of Completion Envelope Id: 19E35B2672B74C7688E33591 EBB4D887 Status: Sent Subject: $241,637; 537-18-0077-00001;Corpus Christi-Nueces Co Public Health Dist (City);DCP IMM LocaisCounter Source Envelope: Document Pages: 55 Signatures: 0 Envelope Originator: Supplemental Document Pages: 0 Initials: 0 Cathy Hartman Certificate Pages: 3 AutoNav: Enabled Payments: 0 1860 Michael Faraday Dr Envelopeld Stamping: Enabled Reston, VA 20190 Time Zone: (UTC -06:00) Central Time (US & cathy.hartman2@hhsc.state.tx.us Canada) IP Address: 167.137.1.16 Record Tracking Status: Original 4/25/2017 1 2:03 PM Signer Events Rosalyn Lazare-Payne rosalyn.lazare-payne@hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Joe James joe.james@hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Patty Melchior Patty.Melchlor@dshs.state.tx.us Resource Director Department State Health Services Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Annette Rodriguez annetter@cctexas.com Health Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Holder: Cathy Hartman cathy.hartman2@hhsc.state.tx.us Signature Completed Using IP Address: 167.137.1.13 Completed Using IP Address: 167.137.1.16 Completed Using IP Address: 160.42.85.9 Location: DocuSign Timestamp Sent: 4/25/2017 1 2:28 PM Resent: 4/26/2017 1 3:28 PM Viewed: 4/27/2017 1 8:07 AM Signed: 4/27/20171 8:11 AM Sent: 4/27/2017 18:11 AM Viewed: 5/8/2017 1 10:48 AM Signed: 5/8/2017 1 10:50 AM Sent: 5/8/2017 1 10:50 AM Viewed: 5/8/20171 11:12 AM Signed: 5/8/2017 1 11:12 AM Sent: 5/8/2017 1 11:12 AM Viewed: 5/24/2017 1 11:43 AM CU Signer Events Signature Timestamp Bernie Rodriguez bemie.rodriguez@hhsc.state.tx.us Procurement Manager Texas Health and Human Services Commission Secunty Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Janna Zumbrun Janna.Zumbrun@dshs.statetx.us Associate Commissioner for Disease Control and Prevention Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Status Carbon Copy Events Justin Davis justin.davis@dshs.state.lx.us Department of State Health Services Security Level: Email. Account Authentication (None) Electronic Record and Signature Disclosure: • Not Offered via DocuSign ID Amy Greene amy. greene@hhsc.state.tx. us Contract Specialist V Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. Tray Kirkpatrick tray kirkpatnck@dshs state.tx us Contract Manager Texas Health and Human Services Commission Secunty Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: COPIED COPIED COPIED Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent. 4 25'2017 2 28 PM Sent: 4:25 20 i 7 2.28 PM Sent 4/27/2017 C 8.11 AM Carbon Copy Events Susana Garcia susana.garcia@dshs.state.tx.us Unit Director Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: William M. Uhlarik williamU2@cctexas.com Assistant Director of Public Health Corpus Christi-Nueces County P.H.D. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: DSHS CMU Inbox CMUContracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Envelope Summary Events Envelope Sent Status COPIED COPIED Timestamp Sent: 5/8/20171 10:50 AM Sent: 5/8/20171 11:12 AM Timestamp Status Timestamps Hashed 'Encrypted 5/8/2017 1 11:12 AM Payment Events Status Timestamps AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: July 13, 2017 Margie C. Rose, MPA, City Manager THRU: Annette Rodriguez, MPH, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) in the amount of $204,855.00, and appropriation of the funds for the contract period September 1, 2017 through August 31, 2019. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. PURPOSE: To fund a full-time staff Epidemiologist position to: • perform surveillance and epidemiology activities for all notifiable conditions and assign certain conditions for infectious disease preparedness and outbreak response activities and investigations as required by the Texas Department of State Health Services ("TDSHS"), • provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak of disease or disaster, • serve as Public Health Administrator of the Protection Division of the Health District, and • act as the Local City & County Epidemiologist. BACKGROUND AND FINDINGS: Because the Health District did not have an Epidemiologist and required one to achieve its mission of preventing and investigating disease, it applied for and received a grant from TDSHS to perform surveillance and epidemiology activities for all notifiable conditions as required by the Texas Department of State Health Services; hire and assign an Epidemiologist funded by this contract to be responsible for all notifiable conditions and assigning certain conditions for infectious disease preparedness and outbreak response activities and investigations; provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak of disease or disaster; serve as Public Health Administrator of the Protection Division of the Health District which includes the Health District Public Health Emergency Preparedness unit and Laboratory; and act as the Local City & County Epidemiologist. ALTERNATIVES: Refuse the grant and not provide epidemiological activities in the community. OTHER CONSIDERATIONS: None 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 $204,855.00 $204,855.00 BALANCE $204,855.00 $204,855.00 Fund(s): Health Grants Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 537-18-0289-00001 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2017, through August 31, 2019, to perform surveillance and epidemiology activities for infectious diseases. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor 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: Mayor 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 DocuSIgn Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0289-00001 UNDER THE TEXAS EPIDEMIOLOGY CAPACITY EXPANSION GRANT PROGRAM 1. PURPOSE The Department of State Health Services ("System Agency"), and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Infectious Disease Surveillance and Epidemiology Activities (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791, and Chapters 12 and 121 of the Texas Health and Safety Code. III. DURATION The Contract is effective on September 1, 2017 and terminates on August 31, 2019, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The total amount of this Contract will not exceed TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED FIFTY-FIVE DOLLARS ($204,855.00). All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET. Contractor is allocated ONE HUNDRED Two THOUSAND FOUR HUNDRED TWENTY- EIGHT DOLLARS ($102,428.00) from September 1, 2017 to August 31, 2018. Contractor is allocated ONE HUNDRED Two THOUSAND FOUR HUNDRED TWENTY- SEVEN DOLLARS ($102,427.00) from September 1, 2018 to August 31, 2019. Expenditures may not exceed the above allocated amounts within the specified timeframes. V. CONTRACT REPRESENTATIVES. The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. v. 11.15.2(116 System Agency Contract No. 537-18-0289-110001 Page 1 DocuSign Envelope ID_ 99AE7DFA-55BD-4F2F-AEF9-561358F454219 System Aeencv The Department of State Health Services Attention: Sandy Clark 1 100 West 49th Street Austin, TX 78756-4204 (512) 776-2264 sandyclark a:dshs.state_tx.us Grantee Corpus Christi-Nueces County Public Health District (City) Attention: Dante Gonzalez 1702 Home Rd. Corpus Christi, TX 78416 (361) 826-7323 dantegOcctexas.com VI. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Aeencv Department of State Health Services Attention: Lisa Hernandez 1100 W, 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) Attention: William M. Uhlarik 1702 Home Rd. Corpus Christi, TX 78416 Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-11289-001101 Page 2 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. 537-18-0289-00001 DEPARTMENT OF STATE HEALTH SERVICES GRANTEE JannaZumbrun, M.S.S.W. Name: Associate Commissioner of Disease Control And Prevention Title: Date of execution: Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. 537-18-0289- 00001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A — STATEMENT OF WORK ATTACHMENT B — BUDGET ATTACHMENT C — UNIFORM TERMS AND CONDITIONS ATTACHMENT D—SPECIAL AND SUPPLEMENTAL CONDITIONS ATTACHMENTS FOLLOW System Agency Contract No. 537-18-0289-00001 Page 3 Approved as to fo As nt Ctty Fo Attorney DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-56B56F454219 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Perform surveillance and epidemiology activities for all notifiable conditions with an emphasis on those that can be reported through the National Electronic Disease Surveillance System (NEDSS) even if the Grantee does not use NEDSS for disease reporting. The NEDSS notifiable conditions can be found in the file named, "Program Areas in NBS Reportable Diseases 2016 .xlsx" at the website: haps. txriedss.dsns. iate..rx.us 8(}U9 PHINDox User -Resources; B. Retain an Epidemiologist(s) dedicated to disease surveillance and epidemiology activities. The Epidemiologist(s) must have qualifications in epidemiology and infectious disease surveillance, preferably with a Masters of Public Health (MPH) degree or at least two years working experience as an Epidemiologist to perform and track the following deliverables; C. Conduct case and outbreak investigations with an emphasis on notifiable conditions reportable through NEDSS_ The role of Epidemiologists includes conducting case and outbreak investigations, providing technical assistance/guidance to other agency staff(e.g. communicable disease nurses) conducting case and outbreak investigations, assessing the quality of surveillance data, performing analyzes on surveillance data, and preparation of situational updates for outbreaks; D. Ensure that preparedness activities include epidemiology and infectious disease surveillance. Activities may include planning and conducting preparedness exercises, providing technical assistance for community health assessments, development of community health improvement plans, and participating in Community Assessment for Public Health Emergency Response (CASPER - see https �v�v«.cdc.cos. nceh llsb disaster casper default.htm); E. Provide epidemiology surge capacity to surrounding jurisdictions in the event ofa major statewide or regional outbreak or disaster; as directed by emergency management officials and Department of State Health Services (DSHS); F. Assign the Epidemiologist (s) funded by this contract to attend the annual Epidemiology and Laboratory Capacity Epidemiology Workshop provided by the Emerging and Acute Infectious Disease Branch (EAIDB) or other EAIDB-approved substitute training. Grantee must include travel cost for this workshop in Austin in their budget request; G. Work with DSHS program management and epidemiologist subject matter experts (SMEs) during any on-site technical reviews and quality assurance visits conducted by DSHS to address possible gaps in disease surveillance and reporting; System Agency Contract No 537-18-0289-00001 v 11 15.2016 Page 1 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 H. Ensure all Epidemiologist (s) funded by this contract, if not already a certified NEDSS user, attend DSHS training in Austin and complete certification within thirty (30) days of hire. Grantee must include travel cost for this training in Austin in their budget request; I. Follow the procedures and guidance contain in The Emerging and Acute Infectious Disease Guidelines (available at krw lt'1:1' ne""=cins:�l�nnll rti trot �u 9n-�i�����„- 'a o-,.�r� rq.,,;- when responding to disease reports from laboratories, health care providers, and other disease reporters such as school nurses and health care facility administrators; J. Attempt to administer one -hundred percent (100%) of EAIDB-requested questionnaires for which contact information is complete as soon as possible but no later than two (2) business days after receipt of request to administer questionnaire. Attempts to administer questionnaires related to the outbreaks and notifiable conditions must include at least one (I) attempt to contact case -patients after-hours if unable to contact during normal business hours after three (3) attempts; K. Administer, complete and submit at least seventy-five percent (75%) of questionnaires related to all pertinent case and outbreak investigations within five (5) business days after initial report and/or assignment by DSHS. Completed questionnaires include those in which the case -patient is contacted but refuses some or the entire questionnaire. Questionnaires for which no contact is made with case -patient do not constitute a completed interview; L. Submit completed questionnaires related to notifiable conditions and outbreak investigations to DSHS through a secure electronic method to the designated EAIDB epidemiologist or to fax number (512) 776-7616 no later than one (1) business day after completion of interview; M. Investigate and document at least seventy-five percent (75°0) of risk behaviors and exposures information on select notifiable condition case investigations through NEDSS; N. Monitor the submission of required isolates for notifiable conditions reported through NEDSS. Ensure that at least ninety percent (900o) of these isolates or those related to outbreak investigations are submitted since they must be sent to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified public health laboratory for confirmatory and/or molecular testing as designated by DSHS; 0. Investigate and document at least ninety percent (90%) of confirmed and probable notifiable conditions correctly and completely within thirty (30) days of initial report to public health in NEDSS in accordance with DSHS Emerging and Acute Infectious Disease Investigation Guidelines vw.dshs.texas.uoN ,.,a.: rinestu ation lnvestwatlon-Guidance.doc' System Agency Contract No. 537-18-0289-00001 v. 11.15.2016 page 2 DocuSign Envelope ID 99AE7DFA-558D-4F2F-AEF9-56B58F454219 P. Submit a monthly list of all reported clusters, outbreaks, and the information on investigation findings of theses clusters/outbreaks on the tracking sheet provided by DSHS. Reports are due on the 15th calendar day of each month beginning October 15, 2017. Each report must cover activities that occurred during the preceding month. Report due dates that fall on a weekend or holiday will be due the first business day after the 15th of the month. Submit the list via electronic mail to All reports should be clearly identified with the Contractor Name, Contract Number, IDCU/SUR, and the month that the report covers; Q. Complete and submit the DSHS form to report a vacancy whenever an Epidemiologist position retained on this Contract has become vacant or has been filled to LAIUi3culttract5(ir dslhs.state.tx.t; R. Complete and submit the DSHS programmatic budget update form quarterly to I'_A1DBcontracts(u dshs stale.tx.us; S. Participate in outbreak/cluster-related conference calls and responses relevant to the jurisdiction hosted by the Centers for Disease Control and Prevention (CDC) or DSHS; T. Participate in bi-monthly conference calls with the EAIDB to provide updates, progress reports, and other necessary communications; U. Assure and monitor the confidential treatment and transfer of confidential data provided by DSHS and confidential data provided to DSHS; V. Read the DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. W. Submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Contract; X. Assure and not supplant (Le., use funds from this Contract to replace or substitute existing funding from other sources that also support activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Grantee must make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. Vacant positions existing after sixty (60) days may result in a decrease in funds; and Y. Be subject to the following restrictions: without prior approval, Grantee may transfer money between budget categories and must provide the System Agency Contract Manager with prior notification of this transfer. No budget category transferor cumulative transfers may exceed 25% of the total contract value or $100,000, whichever is Tess. If the budget transfer(s) exceeds S100,000, alone or cumulatively, prior written approval from the System Agency Contract No. 537-18-0289-00001 v. 11.15.2016 Page 3 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 System Agency is required. If the budget transfer(s) exceeds 25°u of the total contract value, alone or cumulatively, a formal contract amendment is required. Z. DSHS acknowledges that it is a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252,908 is required. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in ATTACHMENT A and compliance with the Contract's terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.state.tx.us!erants forms.shtm. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 FAX: (512) 776-7442 EMAIL: invoiccsia dshs.st,ite.tx.us B. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. System Agency Contract No 537-18-0289-00001 v. 11 15 2016 Page 4 DocuSign Envelope ID. 99AE7DFA-55BD-4F2F-AEF9-56658F454219 Attachment B Contract No. 537-18-0289-00001 Categorical Budget: PERSONNEL $139,200.00 FRINGE BENEFITS $57,517.00 TRAVEL $4,201.00 EQUIPMENT $0.00 SUPPLIES $2,237.00 CONTRACTUAL $0.00 OTHER $1,700.00 TOTAL DIRECT CHARGES $204,855.00 INDIRECT CHARGES $0.00 TOTAL $204,855.00 DSHS SHARE $204,855.00 CONTRACTOR SHARE $0.00 OTHER MATCH $0.00 DocuSign Envelope ID: 99AE7DFA•55BD-4F2F-AEF9-56B59F454219 HHSC Uniform Terms and Conditions Version 2.14 Published and Effective: March 1, 2017 Responsible Office: Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.14 DocuSign Envelope IDi 99AE7DFA-55BD-4F2F-AEF9-561358F454219 TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1.01 Definitions 4 1.1J2 interpretive Provisions 5 ARTICLE II Payment Methods and Restrictions 6 2,01 Payment Methods 6 2,02 NMI Billing Submission 6 2,03 Financial Status Reports (FSRS) 7 2.04 Deht to State and Corporate Status 7 2.05 Application of Po)ment Due 7 2.06 Use of Fwids 7 Z07 Use for Match Prohibited, 7 2.08 Program Income ....... ............. 7 2.09 NonsupplanEing 8 ARTICLE 111. STATE AND FEDERAL FUNDING 8 3.01 Funding 3.02 No debt Against the State S 3.03 Debt io State 8 3.04 Recapture of Funds 8 ARTICLE IV Allowable Costs and Audit Requirements 9 4.01 Allowable C D LS 9 4.02 Independent Sm rile or Program -Specific Audit 10 4.03 Submission of Audit 10 Article V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 10 5.01 Genera I A ffirmations 10 5,02 Federal Assura_nces 10 5.03 Federal Certifications 10 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 1 6.01 Owner5inp 11 6.02 Intellectual Property 11 ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 11 7.01 Books and Records 11 7.02 Access to records, books, and documents 11 Grdni LI LI t :11111)1 it] I erms and Corulitinns Pout 2. 01'19 ] I7 DocuSign Envelope ID: 99AE7DFA-5580-4F2F-AEF9-56B58F454219 7.03 Responselcompliance with audit or inspection findings 12 7.04 SAO Audit 12 7,05 Confidentiality 12 7,06 Public Information Act 12 ARTICLE 'VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 12 8 0i Contract Management 12 S.02 Termination for Convenience 13 8.03 Termination for Cause, 13 8.04 Equitabie Settlement 13 ARTICLE IX MISCELLANEOUS PROVISIONS 13 9.01 Amendment 13 9.02 Insurance 13 9.03 Legal Obligations 14 9.04 Permitting and Licensure 14 9.05 Indemnity 14 9.06 Assignments 15 9,07 Relationship of the Parties 15 9.08 Technical Guidance Letters 15 9.09 Governing Law and Venue . 16 9.11 Survivability 16 9.12 Force Majeure 16 9.13 No Waiver of Provisions 16 9,14 Publicity 9.15 Prohibition on Non -compete Restrictions ...... ....... 17 916 No Waiver of Sovereign Immunity . — . .. ...... ...... ....... ..... ..... 17 9.17 Entire Contract and Modification 17 9.18 Cotmterparts 17 9.19 Proper Authority 17 9.20 Employment Verification 17 9.21 Civil Rights 17 1.17 Grantee Uniform Terms and Conditions Page 3 of 19 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56859F454219 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters, as herein defined. "Attachment" means documents, terms, conditions. or additional information physically added to this Contract following the Signature Document or included by reference, as if physically, within the body of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference herein for all purposes if issued. "Deliverable" means the work product(s) required to be submitted to the System Agency including all reports and project documentation. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies. These agencies include: the Department of Aging and Disability Services, the Department of Family and Protective Services, and the Department of State Health Services. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract, if any. May also be referred to as "Contractor" in certain attachments. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property" means inventions and business processes, whether or not patentable; works of authorship; trade secrets; trademarks; service marks; industrial designs; and creations N 3117 Grantee Uniform Terms and Conditions Page 4 of 19 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9.56B58F454219 that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub,mentorprotege . "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Project" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation or "RFA" means the document issued by the System Agency under which applications for Program funds were requested, which is incorporated herein by reference for all purposes in its entirety, including all Amendments and Attachments. "Solicitation Response" or "Application" means Grantee's full and complete response to the Solicitation, which is incorporated herein by reference for all purposes in its entirety, including any Attachments and addenda. "State Fiscal Year" means the period beginning September I and ending August 31 each year, which is the annual accounting period for the State of Texas "State of Texas Textravef" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22. relative to travel reimbursements under this Contract, if any. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract. issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words 'hereof," "herein_" "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified_ c. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent v 3 1.17 Grantee l'niform Terms and Candttions Page 5 of 19 DoteSign Envelope ID: 99AE7DFA-55B0-4F2F-AEF9.56B58F454219 Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g_ All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." j. Time is of the essence in this Contract. ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract, the payment method will be one or more of the following: a cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency_ Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following 1.1' Grantee Uniform Terms and Conditions Page G of 19 DocuSign Envelope ID 99AE7DFA-55BD-4F2F.AEF9-56858F454219 the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _.25(g)(2), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using it for the purposes and under the conditions specified in this Contract. Grantee Uniform Terms and Conditions Page7ofl9 3.1 17 DocuSlgn Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds_ If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency. This requirement specifically applies to any debt or delinquency, regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. Grantee Uniform Terms and Conditions Page 8 of 19 DocuSign Envelope ID. 99AE7DFA-55BD-4F2F-AEF9.56B58F454219 ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid funds to Grantee for unallowable or ineligible costs, the System Agency will notify Grantee in writing, and Grantee shall return the funds to the System Agency within thirty (30) calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments 2 CFR, Part 225 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR, Part 220 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non -Profit Organizations 2 CFR, Part 230 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS 3 1.17 Grantee 1 niform Terms and Conditions Page 9 of 19 DocuSign Envelope ID 99AE7DFA•55BD-4F2F-AEF9.568513F454219 OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.02 Independent Single or Program -Specific Audit If Grantee, within Grantee's fiscal year, expends a total amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program -specific audit in accordance with 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 in state funds awarded, Grantee must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program -specific audits. HHSC Single Audit Services will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the Single Audit Determination Form within thirty (30) calendar days after notification by HHSC Single Audit Services to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. Each Grantee that is required to obtain a single audit must competitively re - procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. 4.03 Submission of Audit Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Program -Specific Audit to the System Agency as directed in this Contract and another copy to: single_audit_report@hhsc.state.tx.us hhsc.state.tx.us ARTICLE V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.02 Federal Assurances Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal Certifications Grantee further certifies, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, or regulations, as they may pertain to this Contract. Grantee Uniform Terms and Conditions Page 10 of 19 DocuSlgn Envelope ID: 99AE7DFA-5580-4F2F-AEF9-56B58F454219 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty -free, paid up, worldwide, perpetual, non-exclusive, non -transferable license to use any Intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 7.02 Access to records, books, and documents In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors will permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds. federal agencies that will have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition. agencies of the State of Texas that will have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies_ Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee will include this provision concerning Grantee Uniform Terms and Condition., Page 11 otI9 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.03 Response/compliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law. regulation; audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the terms of this section. To the extent permitted by law, Grantee agrees to keep all information confidential, in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file (".pdf') format or any other format agreed between the Parties. ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 8.01 Contract Management To ensure full performance of the Contract and compliance with applicable law, the System Agency may take actions including: a. Suspending all or part of the Contract; Grantee Uniform Terms and Conditions Page 12 of 19 3117 DocuSign Envelope ID 99AE7DFA-558D-4F2F-AEF9-561355F454219 b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with term of the Contract; c. Recouping payments made to the Grantee found to be in error; d. Suspending, limiting, or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract; and f. Imposing any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation, or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables, or otherwise fully perform its responsibilities under the Contract. 8.04 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE IX MISCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Parties. 9.02 Insurance Unless otherwise specified in this Contract, Grantee will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required Grantee Uniform Terms and Conditions Page 13of19 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-55B5BF454219 under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach of the Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee agrees to be responsible for payment of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. 9.05 Indemnity TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM AGENCY AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS' FEES AND COURT COSTS ARISING OUT OF, OR CONNECTED WITH, OR RESULTING FROM: a. GRANTEE'S PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SI'PPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR c. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS AGENTS; OR Grantee Uniform Terms and Conditions Page 14 of 19 DocuSign Envelope ID. 99AE7DFA-55BD-4F2P-AEF9.56B58F454219 d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract, will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal -agent, or to otherwise create for the System Agency any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, or any other taxes or fees; d. Industrial or workers' compensation insurance coverage; e. Participation in any group insurance plans available to employees of the State of Texas, f. Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or h. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in Grantee Uniform Terms and Conditions Page 15 of 19 v3117 DocuSign Envelope ID. 99AE7DFA•5513D-4F2F-AEF9-56B58F454219 writing. and may be delivered by regular mail, electronic mail. or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be govemed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots, strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event. the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject 31 17 Grantee Unitortn Terms and Conditions Page 16 of 19 DocoSign Envelope ID 99AE7DFA•55BD-4F2F-AEF9-56B58F454219 matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the Stale of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti -discrimination laws, including: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d el seq.); 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); 5. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); 6. Food and Nutrition Act of 2008 (7 U.S.C. §2011 el seq.); and v 3.1 17 Grantee Uniform Terms and Conditions Page 17of19 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 7. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas.gov system-support- services.°civil-riahts.'oublications d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Pan 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 519` Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Grantee Uniform Terms and Conditions Page 18 of 19 DocuSign Envelope ID' 99AE7DFA-55BD-4F2F-AEF9-561358F454219 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. Grantee Uniform Terms and Conditions Page 19 of 19 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9.56B55F454219 ATTACHMENT D SUPPLEMENTAL CONDITIONS THERE ARE NO SUPPLEMENTAL CONDITIONS FOR THIS CONTRACT THAT MODIFY THE HHS UNIFORM TERMS AND CONDITIONS SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. SECTION 1.02 NOTICE OF BANKRUPTCY Grantee shall notify in writing its assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. SECTION 1.03 NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. v. 1 1.15.2016 Page 1 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 SECTION 1.04 GRANTEE'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee's Contact Person or Key Personnel. v. 11.15 2016 Page 2 Docu I ILUR10 Certificate Of Completion Envelope Id. 99AE7DFA55BD4F2FAEF956B58F454219 Subject $204,855. DSHS Contract No. 537-18-0289-00001; Corpus Chnsti. DCPS - IDCU-SUR Source Envelope. Document Pages. 44 Signatures. 0 Supplemental Document Pages: 0 Initials 0 Certificate Pages. 3 AutoNav Enabled Payments. 0 Envelopeld Stamping: Enabled Time Zone (UTC -06:00) Central Time (US & Canada) Record Tracking Status Original 5/3/2017 1 1:42 PM Signer Events Rosalyn Lazare-Payne rosalyn lazare-payne®hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Discosure. Not Offered via DocuSign ID. Patty Melchior Patty Melchior@dshs state.tx us Resource Director Department State Health Services Security Levet Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: Joe James ioe.james@hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign ID: Annette Rodriguez annetter®cclexas.com Health Director Secunty Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: Bernie Rodriguez bemie.rodriguez@hhsc.state.tx us Security Level: Email, Account Authentication (None) Holder Marguerite SL Germain marguerite stgermain@hhsc state tx.us Signature Completed Using IP Address. 167.137 1.13 Completed Using IP Address 160.42 85.9 Completed Using IP Address 167.137.1.16 Status Sent Envelope Originator' Marguerite St Germain 1860 Michael Faraday Dr Reston, VA 20190 marguerite.stgermain©hhsc state tx.us IP Address. 167.137.1 17 Location: DocuSign Timestamp Sent: 5/16/2017 i 3.34 PM Viewed: 5/1712017 8:17 AM Signed: 5/17/2017 1 8`17 AM Sent 5/17/2017 1 8:17 AM Viewed. 5/17/2017 1 11:20 AM Signed. 511712017 1 11:21 AM Sent 5/17/2017 1 11:21 AM Viewed 5/19/2017 1 10.32 AM Signed 5/19/2017 1 10 35 AM Sent. 5119/2017 J 1036 AM Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Janna Zumbrun Janna-Zumbrun@dshs.state Ix us Security Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Justin Davis Sent. 5/16/2017 13 34 PM Department of State Health Services Security Level: Small, Account Authentication Electronic Record and Signature Disclosure Not Offered via DocuSign Amy Greene amy.greene@hhsc.state.tx us Contract Specialist V Texas Health and Human Services Commission Security Level Email, Account Authentication {None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID Sandy Clark sandy.clark@dshs state.tx.us Contract Manager Texas Health and Human Services Commission Secunty LevelEmail, Account Authentication (None) Electronic Record and Signature Disclosure. Nol Offered wa DocuSign ID Susana Garcia susana garcia@dshs state.tx.us Unit Director Texas Health and Human Services Commission Secunty Level Email, Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign ID COPIED COPIED COPIED COPIED Sent 5/16/2017 l 3 34 PM Sent 5/1712017 1 8.17 AM Sent 5/17/2017 l 11 21 AM Carbon Copy Events William M. Uhlank witliamu2@cctexas com Assistant Director of Public Health Corpus Christi-Nueces County P.H D. Secunty Level Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: DSHS CMU Inbox CMUContracts@dshs texas gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Status COPIED Timestamp Sent: 5/19/2017 110:36 AM Viewed: 6/2/2017 i 4:26 PM Notary Events Tlmestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/19/2017 1 10 36 AM Payment Events Status Timestamps AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 25, 2017 Second Reading Item for the City Council Meeting of August 8, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Lease Agreement with the Corpus Christi Convention & Visitors Bureau CAPTION: Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention & Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of $3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman-Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. PURPOSE: Lease the Jalufka, Merriman-Bobys and McCampbell Houses to the Corpus Christi Convention & Visitors Bureau (CVB) for office space for its nonprofit operations. BACKGROUND AND FINDINGS: The Buccaneer Commission previously leased the Jalufka House. The Commission required a larger space and is now under lease at the Tex-Mex Railroad Depot, leaving the Jalufka House vacant. The Merriman-Bobys House was previously under a one year lease with Youga Yoga Studio until September 2016. Until last year, the McCampbell House was leased by the Corpus Christi Chamber of Commerce. The lease agreement with the CVB includes the provision for repairs to the properties. ALTERNATIVES: Do not approve the lease for the Jalufka, Merriman-Bobys and McCampbell Houses. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X 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 $6,000 $6,000 BALANCE $6,000 $6,000 Fund(s): General Fund Comments: The Lease will go into effect August 1, 2017 RECOMMENDATION: Approve the lease Agreement with the Corpus Christi Convention & Visitors Bureau LIST OF SUPPORTING DOCUMENTS: Proposed Lease Agreement Ordinance Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention & Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of $3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman- Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute a five-year Lease Agreement with the Corpus Christi Convention & Visitors Bureau ("CVB") for the lease of the following Heritage Park properties: 1) the Jalufka House located at 1513 North Chaparral Street; 2) the Merriman-Bobys House located at 1521 North Chaparral Street; and 3) the McCampbell House located at 1501 North Chaparral. Section 2. That CVB shall pay total rent of $3,000 each month for the three properties, for the initial 12 month period, with annual increase of 2% each year thereafter. CVB may request and receive monthly rent credit for completed and accepted improvements, not to exceed total credit of $200,000 or the actual cost of the improvements, whichever is less. Section 3. That the agreement may be extended for one five-year extension term upon written agreement of the City Manager and the CVB President. 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 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION & VISITORS BUREAU This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Corpus Christi Convention & Visitors Bureau, a Texas nonprofit corporation ("Lessee"). WHEREAS, the City is the owner of the following properties which shall be jointly referred to herein as the "Premises": (1) the Jalufka House located in Heritage Park at 1513 North Chaparral Street, Lots 3,4,5,9 and 10, Block 61, Beach Portion, Corpus Christi, Texas, together with all improvements thereon; (2) the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street, Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all improvements thereon; and (3) the McCampbell House located in Heritage Park at 1501 North Chaparral Street, Lots 2, Block 61, Beach Portion, Corpus Christi Texas, together with all improvements thereon; WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Corpus Christi Convention & Visitors Bureau, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (D) Lease means this lease document, including all attached and incorporated exhibits. (E) Lessee means Corpus Christi Convention & Visitors Bureau. (F) Parks means the City's Park and Recreation Department. (G) Premises means the following three City properties: (1) the Jalufka House located in Heritage Park at 1513 North Chaparral Street, Lots 3,4,5,9 and 10, Block 61, Beach Portion, Corpus Christi, Texas, together with all improvements thereon; (2) the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street. Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all improvements thereon; and (3) the McCampbell House located in Heritage Park at 1501 North Chaparral Street, Lots 2, Block 61, Beach Portion, Corpus Christi Texas, together with all improvements thereon. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its day-to-day nonprofit corporation operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for an initial five-year term which begins upon final City Council approval, unless sooner terminated as set out herein and ending at midnight on the last day of the month in which such approval occurred five (5) years later. This lease may be extended for up to one additional five-year term upon written agreement of the City Manager and the President of Lessee. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT I5 LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Page 2 Section 5. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City lump sum monthly rent for ail of the three properties in total amount of $3000.00 per month for the initial 12 months of the Lease, with an annual increase of 2% each year thereafter. The period commencing upon the date of final City Council approval of this lease and ending on the last day of the month of such approval shall be a rent-free period. Thereafter, rent shall be due effective as of the first day of each month and payable as provided below. (B) Upon completion and acceptance of any improvements constructed in according with Section 6 below, the Lessee may request and receive a monthly rent credit. Lessee shall provide documentation to the Director to verify Lessee's construction costs prior to requesting credit. The total of the monthly rent credits shall not exceed Lessee's cost of construction, up to maximum amount of $200,000. In the event Lessee provides written notice to the Director that such improvements are underway together with a copy of a contract for improvements as provided by Section 6 below, the monthly rental shall be temporarily abated for a period not to exceed three (3) months pending completion of such improvements. Upon the completion of such improvements, the costs of construction paid by Lessee shall be applied as a credit against the monthly rent effective as of the first of the month following the delivery of the notice provided above and continuing each month thereafter until the credit is exhausted. Upon the exhaustion of any credit as provided above, Lessee shall commence or continue the payment of the regular monthly rent. If for any reason no credit is earned during such three-month period, the abated rent shall be due and payable immediately. Any uncredited amounts remaining at the expiration or termination of the Lease shall be forfeited by Lessee. (C) All rents are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Construction of Improvements. The Lessee desires to complete improvements described on the attached Exhibit A. Prior to commencing any work at the Premises, Lessee shall coordinate with the Director to review the planned improvements including budget, and verify that Lessee has sufficient funds on hand to complete the planned improvements, ("Improvements"). Lessee shall not commence any work at the Premises until the Director issues written approval. Lessee shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: Payment Bond — A payment bond in the amount of One Hundred Percent of the contract shall be furnished for the protection of all persons, firms, and corporations who may furnish materials or perform labor. The payment bond shall be made with Lessee as an obligee. Page 3 Performance Bond. A performance bond in the amount of One Hundred Percent of the contract shall be fumished covering the faithful performance of the contract. The performance bond shall be made with Lessee as an obligee. Lessee shall include in all construction contracts for the Improvements, in large, bold face text. "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." Lessee shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in Exhibit B. Lessee agrees that the Director of Engineering Services or designee, as well as the Director or designee, will make visits to the Premises at intervals appropriate to the various stages of construction, as they deem necessary. Lessee agrees that the Director of Engineering Services or designee will have the authority to reject Work believed to be defective. Lessee agrees to promptly correct all defective work. Lessee agrees to ensure that all work performed shall be done in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, including but not limited to the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines, and such work shall be subject to City inspection during the performance thereof and after it is completed. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workers and/or other persons for all work performed and for materials fumished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant. nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or the Improvements thereon, and Lessee will discharge any such lien within thirty (30) days after notice of filing thereof. Lessee shall conduct its operations under this Lease in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. The complete cost of developing all necessary plans and specifications, and the cost of construction of the Improvements shall be borne solely by the Lessee at no expense to the City Page 4 whatsoever. Lessee shall pay all taxes, special assessments, or levies, if any, assessed against the Premises or Improvements. Upon completion and acceptance of the Improvements by the Director, said Improvements shall become City property. Any warranties given to Lessee regarding the Improvements shall be transferred and assigned to the City at the same time as the Improvements are accepted by the City. Section 7. Utilities. (A) Lessee shall be responsible to obtain and pay for all utilities to the Premises, including but not limited to, telephone, internet, electricity, water, wastewater, and solid waste. Lessee shall pay for all utilities related to usage of Premises prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. (B) Section 8. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the Premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 9. Maintenance. During the term of this Lease, Lessee will repair and maintain, at its sole expense, the improvements on the Premises including without limitation the buildings, all fixtures connected therewith, and all personal property thereon. However, the City shall maintain the grounds and landscaping outside the buildings and be responsible for repairs to the HVAC system and repairs to the roof, subject to provisions of Section 29 and subject to availability and appropriation of funds. City has no obligation for such repairs if funds are not budgeted and appropriated for such purpose during the annual City budget process; provided that, in the event that the City fails to make such needed repairs Lessee may terminate this Lease immediately upon written notice. Lessee shall obtain, at its own expense, all required building permits, all utility services, garbage collection, janitorial services, and similar services. Section 10. Furniture, Fixtures, Equipment and Parking. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of electrical or plumbing fixtures, remains the property of the City. (C) There is no dedicated parking for the Premises. Lessee may utilize the public parking lots in the area as available to the general public. Section 11. City Use. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Page 5 Section 12. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that its use of the Premises is in accordance with all applicable Federal. State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 13. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 14. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 15. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit B, which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the City's Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (0) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration Page 6 will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 6, as contained herein. (F) The City carries the property and flood insurance on the buildings located at the Premises. Lessee is responsible for insuring its own contents. Section 16. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and al! liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Such indemnity provisions contained in this Section 16 herein apply to the extent insurance (as approved by City in Section 15) may apply for protection of the City and Lessee. Section 17. Alterations. (A) Lessee agrees not to harm the Premises beyond normal wear and tear. Page 7 B) All alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall become the property of the City in fee simple without any other action or process of law. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 18. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Directors written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 19. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Manager. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City Manager. (B) Section 20. Default. (A) The following constitute Events of Default under this Lease: failure to keep._ perform, and observe any provisions contained in this Lease. Upon an event of default. the City may provide written notice of the default and provide Lessee 30 days' to cure the default. (B) Upon the occurrence of any uncured Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Such notice period shall be a minimum of 10 days, unless the default is uncurable or represents a danger to health and safety. Section 21. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 22. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Page 8 (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Park and Recreation IF TO LESSEE: Corpus Christi Convention & Visitors Bureau Attn: President 101 N. Shoreline, Ste. 430 Corpus Christi, TX 78401 (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 23. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 24. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 25. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 26. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 27. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Page 9 Section 28. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 28. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 29. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 30. Removal of Property upon Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 31. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee 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 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 Foran 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 htto:/Iwww.cctexas.com/government/city-secretary/conflict- disclosure/index. Section 32. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 33. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite Page 10 intent of the parties to this Lease that every section. paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby. and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision. as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable. will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE. each of which shall be considered an original, on the day of 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager APPROVED AS TO LEGAL FORM this day of , 2017. By. Lisa Aguilar, Assistant City Attorney for City Attorney Page 11 LESSEE: CORPUS CHRISTI CONVENTION & VISITCCORS BUREAU Name: Paulette Kluge Title: President Date: ri Page 12 rq-- EXHIBIT A McCambell House Interior Work Refinish all interior wood Floors — Sand, restrain and apply 2 coats of water based poly sealer Demo Carpeting in 2 left lower room. Repair wood flooring in right front upstairs room — stich in matching wood flooring Replace entire entry foyer ceilings with new Sheetrock, tape & float to match rear. Repair all other ceiling defects on both levels to match existing textures. Repair/ fill all other wall holes to match Remove all wallpaper in front & rear foyers. Remove wallpaper in rear right upstairs room. Prep wall for new paint Repaint all interior walls, ceiling and trim where currently painted Clean, and refresh all current stained woodwork and stairs Misc. Interior: Replace 9 lighting fixtures/ceiling fans, install new bathroom mirror, purchase refrigerator Exterior Work Repair/Rebuild lower & upper balcony railing/spindles that are currently broken; Repair/rebuild & repaint 13 window sashes. repair/replace & repaint crown molding trim on porches and replace/rebuild & paint center railing on the front steps, Repair/replace all exterior rotten porch decking and ceilings boards on both levels. Repair/replace all rotten exterior siding, trim and other window sashes, sills and some framing; Scrape, prime and paint entire exterior body and trim Page 13 Jalufka House Interior Work Refinish all interior wood Floors — Sand, restrain and apply 2 coats of water based poly sealer Remove all wall paper (except kitchen) repair/float and texture walls if needed. Scrape all interior trim, float if needed Repaint all interior walls, ceiling and trim where currently painted Rehang 2 interior door, remove glass & tracks form built-in, add bead board to back of built-in. repair Targe chip in arch way molding Misc. Interior: Replace 4 lighting fixtures/ceiling fans, install new bathroom mirror, purchase refrigerator Exterior Repair/replace all exterior rotten porch decking and ceiling boards; Repair/replace all rotten exterior siding, trim and other window sashes, sills and some framing, Scrape, prime and paint entire exterior body and trim Page 14 Merriman-Bobys House Interior Work Refinish all interior wood Floors — Sand. restrain and apply 2 coats of water based poly sealer Repaint all interior walls ceiling and trim where currently painted Replace and install new kitchen and back room floating vinyl flooring Misc Interior: Replace 6 lighting fixtures/ceiling fans. install 2 new bathroom mirror, purchase refrigerator Exterior Work Repair/replace all exterior rotten porch decking and ceiling boards, Repair/replace all rotten exterior siding trim and other window sashes. sills and some framing; Scrape. prime and paint entire exterior body and trim EXHIBIT B INSURANCE L LESSEE AND LESSEE'S CONTRACTOR'S LIABILITY INSURANCE A. Lessee and Lessee's contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee and Lessee's Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (CO1) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises -- Operations 3. Products" Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000.000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000.000 Combined Single Limit C. In the event of accidents of any kind related to this lease agreement, Lessee and Lessee's Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 16 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee and Lessee's Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee and Lessee's Contractor will be promptly met. B. Lessee and Lessee's Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee and Lessee's 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. Lessee and Lessee's Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee and Lessee's Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee and Lessee's Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 17 E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee and Lessee's Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee and Lessee's 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 Lessee and Lessee's 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 Lessee and Lessee's Contractor to stop work hereunder, until Lessee and Lessee's Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee and Lessee's Contractor may be held responsible for payments of damages to persons or property resulting from Lessee and Lessee's Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee and Lessee's Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 18 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com (361) 826-3042 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of Three 2017 Ford F-250 CNG Trucks for Park and Recreation CAPTION: Ordinance appropriating $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for $153,814.00 from Rush Truck Center, of New Braunfels, through a Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. PURPOSE: This item is to approve the purchase of three 2017 Ford F-250 CNG trucks to be used by park operations staff. BACKGROUND AND FINDINGS: The three vehicles will be utilized by Park Operations staff for daily operations. The three trucks are replacements units for vehicles currently used by the construction and irrigation crews. An F-250 is required to equip a service body. In turn, the department requires the service bodies on their vehicles to hold bins used to keep tools and materials secured, which are necessary to make quick repairs to irrigation systems and park structures. The % ton vehicles are also used to haul equipment and materials to the work sites. The vehicles being replaced are unit # 2824 a 1999 Ford F-250 with 276,198 miles; unit # 2810 a 2001 Ford F-250 with 241,729 miles; and, unit # 7826 a 1995 Ford F-250 with 206,007 miles. The three vehicles mentioned above have reached the end of their service life and will be retired upon delivery of the new vehicles. 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: Fleet Maintenance Services and Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,620,556.09 $0.00 $3,650,556.09 Encumbered / Expended Amount $2,843,048.13 $2,843,048.13 This item $153,814.00 $0.00 $153,814.00 BALANCE $623,693.96 $0.00 $623,693.96 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 $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for $153,814.00 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 operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $153,814.00 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks. The FY2016-17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $153,814.00. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase three 2017 Ford F-250 CNG trucks for $153,814.00 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 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 PRICE SHEET FORD F-250 TRUCKS FOR PARKS AND RECREATION TLGPC 521-16 QTY. UNIT Rush Truck Centers of Texas, L.P. New Braunfels, Texas UNIT PRICE EXTENDED PRICE 1. 2017 Ford F-250 CNG Service Body Truck 3 EA $50,638.00 $151,914.00 2. BuyBoard Fee 1 EA $400.00 $400.00 3. Freight 3 EA $500.00 $1,500.00 Purchase Cost: $153,814.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: July 11, 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 Five Brush Trucks for Solid Waste Operations CAPTION: Ordinance appropriating $832,628.52 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston -Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. PURPOSE: This item is to approve the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck to be used by staff of Solid Waste Operations. BACKGROUND AND FINDINGS: The two brush trucks will replace existing fleet diesel brush trucks with CNG units. One unit is 17 years old with 24,000 hours of operation and the other unit is 10 years old with 14,000 hours of operation. The two rear steer brush loaders are essential to the collection of brush for solid waste operations. The equipment is capable of an operator displacing himself/herself from the cab and taking another steering position at the rear of the unit to operate the unit in the reverse mode and pick up brush with a grapple. The two rear steer brush loaders are replacing 10 years old units with 16,000 and 17,000 hours respectively. The self -loading brush truck is important to the brush collection effort for solid waste operations. This unit is equipped with a built-in crane with a grapple on the end and possesses a unique capability to collect and dispose of brush. This unit will be replacing a 10 year old unit with more than 13,000 hours of run time. 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 $3,700,556.09 $0.00 $3,700,556.09 Encumbered / Expended Amount $2,843,048.13 $2,843,048.13 This item $832,628.52 $0.00 $832,628.52 BALANCE $24,879.44 $0.00 $24,879.44 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 $832,628.52 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston -Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the 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 $832,628.52 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck. The FY2016-17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $832,628.52. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston -Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the 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 PRICE SHEET BRUSH TRUCKS H -GAC HT06-16 NJPA 070313-PII ITEM DESCRIPTION QTY. UNIT Houston Freightliner Houston, Texas Petersen Industries Lake Wales, Florida UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1. 2018 Freightliner 114SD Brush Truck Chassis 2 EA $149,676.00 $299,352.00 2. Model TB -2245, Trash Body 2 EA $44,380.68 $88,761.36 3. 2018 Freightliner M2-106-70 Self Loader Chassis 1 EA $72,403.00 $72,403.00 4. Model TL3 Base Self Loader 1 EA $61,984.40 $61,984.40 5. 2018 Freightliner M2-106-70 Rear Steer Chassis 2 EA $69,558.00 $139,116.00 6. Model RS3 Base Loader 2 EA $85,505.88 $171,011.76 $510,871.00 Grand Total: $832,628.52 $321,757.52 AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Fred A. Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Appropriating FAA Grant Funds for Purchase of Aircraft Rescue Fire Fighting (ARFF) Vehicle CAPTION: Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48- 0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid (RFB) No. 1093 based on the lowest responsive, responsible bid of $855,155, with the 10% match and additional funds for the purchase paid from Airport fund reserves. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements and equipment at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. CCIA has three ARFF vehicles that are used for fire suppression crash rescue in the event on aircraft emergency. Rescue Units 1 & 3 are in service with Rescue Unit 2 out of service with various major maintenance issues. The purchase of the new unit will allow for two reliable vehicles in service and a functioning reserve as back- up. Upon purchase of the new unit, Rescue 2 will be disposed of as surplus. BACKGROUND AND FINDINGS: The existing ARFF vehicle, purchased in 1995, was retro fitted with high reach extendible turret (HRET) and penetrating nozzle. Parts have become difficult to procure for this particular model and CCIA currently has the vehicle offline due to major mechanical issues. The Airport is recommending the purchase of a 1500 -gallon ARFF vehicle with a HRET and an ARFF Training Simulator and prop. These options will allow vehicle drivers/operators to become familiar with, and enhance the skills necessary for hands-on operation of an ARFF vehicle equipped with a HRET. This vehicle will provide necessary ARFF service at CCIA and meet Federal Aviation Regulation (FAR) Part 139.319 operational requirements. Requirements include the establishment of rescue paths for escaping passengers and crew, and increasing the survivability of interior conditions and thus passengers utilizing the HRET. This replacement vehicle is necessary for CCIA to maintain its current Index for Aircraft Rescue and Firefighting response capability. Completion of our runway projects in May of 2016, has resulted in CCIA resuming full operation and handling of 100,000 aircraft takeoffs and landings annually. In addition, CCIA is the diversion airport for our major airlines, United Airlines, Southwest Airlines and American Airlines. These diversions typically include wide-body aircraft. In addition to their primary function of optimum level of ARFF suppression capability, the vehicle may also be suitable for other fire protection assignments such fuel spills or large truck accidents. The Purchasing Division conducted a competitive RFB. Two bids were received out of 52 notifications issued. Staff recommends awarding a supply agreement to Oshkosh Airport Products, LLC as the lowest, responsive, responsible bidder. ALTERNATIVES: No viable alternative exists as FAA requires ARFF vehicles at airports providing commercial air service. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures, State statutes regulating procurement as well as with FAA Advisory Circular 150/5220-10E. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Aviation and Purchasing FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $855,155* $0 $855,155 Encumbered / Expended Amount $0 $0 $0 This item $855,155 $0 $855,155 BALANCE $0 $0 $0 Fund(s): Airport 2012 CO and Airport Capital Improvement Fund Comments: *Budget reflects $765,790 funds from Federal Aviation Administration Grant being authorized by this action. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabulation Supply Agreement Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid No. 1093 based on the lowest responsive, responsible bid of $855,155.00, with the 10% match and additional funds for the purchase paid from Airport fund reserves. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $765,790 are appropriated from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at the Corpus Christi International Airport. Additional funds necessary for this purchase, including the required 10% matching funds, will be paid from Airport fund reserves. SECTION 2. The FY2016-2017 Capital Budget adopted by Ordinance No. 030936 is amended by increasing revenues and expenditures each by $765,790. SECTION 3. The City Manager, or designee, is authorized to execute a supply agreement for $855,155 with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle, in accordance with Request for Bid No. 1093, as the lowest responsive, responsible bid. 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 Ben Molina Lucy Rubio Paulette Guajardo Michael Hunter Debbie Lindsey -Opel 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 BASE BID 1 Class 4 Aircraft Rescue Firefighting Vehicle UNIT OF MEASURE QTY Lump Sum 1 OPTIONS - ADD ALTERNATES 2 Computer Based Training Lump Sum 1 Airport Professional Services Penetration 3 Aircraft Skin Trainer System Lump Sum 1 4 Under -truck nozzles Each 3 8 Truck Mounted hand held LED lantern Each 2 Combination Hydrant and Spanner Wrench 9 Holder set with vehicle mounted brackets including mounting Each 2 Halotron clean Agent 15.5 Ib. and mounting 10 bracket including mounting Each 1 Potassium Bicarbonate Extinguisher with 11 vehicle mounted bracket including mounting Each 1 12 mounted bracket Each 1 Class D Fire Extinguisher with vehicle BID TABULATION BID NO. 1093 AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE Oshkosh Airport Products, LLC Appleton, WI UNIT TOTAL PRICE PRICE ***Rosenbauer Minnesota, LLC Wyoming, MN UNIT TOTAL PRICE PRICE $782,839.00 $782,839.00 $789,901.00 $789,901.00 $782,839.00 $789,901.00 $54,750.00 $54,750.00 $30,102.00 $30,102.00 $13,289.00 $13,289.00 $12,267.00 $12,267.00 $681.00 $2,043.00 $273.00 $819.00 $461.00 $922.00 $165.00 $330.00 $191.00 $382.00 $433.00 $433.00 $155.00 $155.00 $342.00 $342.00 $72,316.00 $208.00 $416.00 $624.00 $624.00 $201.00 $201.00 $416.00 $416.00 ***Rosenbauer Minnesota, LLC's bid for item 1 does not meet the Class 4 Vehicle specifications outlined in RFB No. 1093 Aircraft Rescue and Fire Fighting Vehicle. The cost of the ARFF is the base plus add alternates 2-4 and 8-12 for a total cost of $855,155.00. SUPPLY AGREEMENT NO. 1093 AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE THIS Aircraft Rescue and Fire Fighting Vehicle Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Oshkosh Airport Products, LLC ("Supplier'), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide an Aircraft Rescue and Fire Fighting Vehicle in response to Request for Bid No. 1093 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide an Aircraft Rescue and Fire Fighting Vehicle in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to zero additional 0 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then - current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $855,155.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and Page 1 of 7 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Chief John Hyland Department: Department of Aviation Phone: (361) 289-0171 Ext. 1221 Email: JohnHy@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in the bid specifications by the manufacturer, for the period stated in the bid Page 2 of 7 specifications. The bid specifications are attached to this Agreement and incorporated by reference into this Agreement as if fully set out here in their entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 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. Page 3 of 7 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: John Hyland Title: Airport Public Safety Chief Address: 1000 International Dr., Corpus Christi, Texas 78406 Fax: (361) 289-0215 IF TO SUPPLIER: Oshkosh Airport Products, LLC Attn: Tom Carle Title: Regional Sales Manager Address: 3100 N. McCarthy Road, Appleton, WI 54913 Fax: (920) 749-2262 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER M UST, AT ITS OWN Page 4 of 7 EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, 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 Page 5of7 inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments; then, B. the bid solicitation document, including addenda (Exhibit 1); then, C. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Federal Requirements. Supplier's performance under this Supply Agreement is at all times subject to compliance with the federal requirements and certifications in Attachment D, including several certifications which require written completion and execution by the Supplier in compliance with federal law and submission by the Supplier to the City concurrent with Supplier's bid. The content of Attachment D is incorporated by reference into this Supply Agreement as if the content was fully set out here in its entirety. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6of7 SUPPLIER Signature: Printed Name: Jef`f Resch Title: Vice President and General Manager Date: June 26, 2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Federal Contract Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1093 Exhibit 2: Supplier's Bid Response eyed as to fo-rm. c28/1'7 Ass nt City A torney Fo ty Attorney Page 7 of 7 ATTACHMENT A: SCOPE OF WORK VEHICLE SPECIFICATION, CLASS 4 AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) VEHICLE 1. SCOPE. This Specification (PS) covers a commercially produced diesel engine driven ARFF vehicle for an Index B airport. It includes a 1500 gallon water/Aqueous Film Forming Foam (AFFF) fire suppression system: 450 Ib potassium -based dry chemical only. The ARFF vehicle is intended to carry rescue and fire fighting equipment for the purpose of rescuing aircraft passengers, preventing aircraft fire loss, and combating fires in aircraft. 2. CLASSIFICATION. The ARFF vehicle(s) covered by this PS are classified in accordance with Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers, Section 315, Aircraft Rescue and Firefighting: Index Determination; Section 317, Aircraft Rescue and Firefighting: Equipment and Agents; and Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles, as follows: Airport Index Vehicle Class Minimum Rated Capacities (gallons/liters) Index B 4 1500 gallon (5678 liter) water/AFFF solution 3. VEHICLE CONFORMANCE/PERFORMANCE CHARACTERISTICS. The ARFF vehicle will be in accordance with the applicable requirements of National Fire Protection Association (NFPA) 414, Standard for Aircraft Rescue and Fire Fighting Vehicles (2007 Edition), and AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. 3.1 General Administration Requirements. 3.1.1 Manuals: Technical manuals will consist of operator, service, and parts manuals. All manuals are required to be provided in hardcopy and in digital format on CDs when requested. 3.1.1.1 Technical manuals. The overall format for the manuals will be commercial. Each technical manual will have a title page. Line art will be used to the maximum extent possible for illustrations and parts lists. One complete set of engine and transmission parts, service and operator's manuals will be packed with each vehicle. a. The contractor will provide digitized manuals in CD format when requested in addition to or in place of printed paper copies. b. The contractor will provide two complete sets of hardcopy manuals and / or CDs when requested. Page 1 of 28 3.1.1.1.1 Operator's manual. The operator's manual will include all information required for the safe and efficient operation of the vehicle, including fire extinguishing systems, equipment, and any special attachments or auxiliary support equipment. As a minimum, the operator's manual will include the following: a. The location and function of all controls and instruments will be illustrated and functionally described. b. Safety information that is consistent with the safety standards established by the Occupational Safety and Health Administration (OSHA) and NFPA. c. All operational and inspection checks and adjustments in preparation for placing the vehicle into service upon receipt from the manufacturer. d. Tie down procedures for transport on a low -boy trailer. e. Warranty information and the period of the warranty coverage for the complete vehicle and for any component warranty that exceeds the warranty of the complete vehicle. Addresses and telephone numbers will be provided for all warranty providers. f. General description and necessary step-by-step instructions for the operation of the vehicle and its fire extinguishing system(s) and auxiliary equipment. A description of the post -operational procedures (draining, flushing, re - servicing, et cetera). h. Daily maintenance inspection checklists that the operator is expected to perform, including basic troubleshooting procedures. i. Disabled vehicle towing procedures. j. Procedures and equipment required for changing a tire. k. Schedules (hours, miles, time periods) for required preventative maintenance and required periodic maintenance. I. Line art drawing of the vehicle, including panoramic views (front, rear, left, and right sides) showing basic dimensions and weights (total vehicle and individual axle weight for the unloaded and fully loaded vehicle). For the purposes of this AC, "unloaded" is defined as a lack of agent, occupants and compartment load, and "loaded" is defined as including agent, occupants and compartment load. g. 3.1.1.1.2 Service manual. The service manual will identify all special tools and test equipment required to perform servicing, inspection, and testing. The manual will cover troubleshooting and maintenance as well as minor and major repair procedures. The text will contain performance specifications, tolerances, and fluid capacities; current, voltage, and resistance data; test procedures; and illustrations and exploded views as may be required to permit proper maintenance by qualified vehicle mechanics. The manual will contain an alphabetical subject index as well as a table of contents. The service manual will contain at least the following, where applicable: a. Fire fighting system schematic(s). Page 2 of 28 b. Hydraulic schematic. c. Pneumatic schematic. d. Electrical schematic. e. Winterization schematic. f. Fuel schematic. g. Schedules for required preventative maintenance and required periodic maintenance. h. Lubrication locations, procedures, and intervals for parts of the vehicle and equipment that require lubrication. 3.1.1.1.3 Parts identification manual. The parts manual will include illustrations or exploded views (as needed) to identify properly all parts, assemblies, subassemblies, and special equipment. All components of assemblies shown in illustrations or exploded views will be identified by reference numbers that correspond to the reference numbers in the parts lists. All purchased parts will be cross-referenced with the original equipment manufacturer's (OEM) name and part number. The parts identification manual will provide the description and quantity of each item used for each vehicle. The size, thread dimensions, torque specifications, and special characteristics will be provided for all nonstandard nuts, bolts, screws, washers, grease fittings, and similar items. The manual will contain a numerical index. The parts manual will contain a list of all of the component vendor names, addresses, and telephone numbers referenced in the parts list. 3.1.2 Painting, plating, and corrosion control. 3.1.2.1 Finish. Exterior surfaces will be prepared, primed, and painted in accordance with all of the paint manufacturer's instructions and recommendations. Vehicles will be painted and marked in accordance with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. The interior finish of all compartments will be based on the manufacturer's standard production practice. This may include painting, texturing, coating or machine swirling as determined by the manufacturer. All bright metal and anodized parts, such as mirrors, horns, light bezels, tread plates, and roll -up compartment doors, will not be painted. All other surfaces capable of being painted must be in the appropriate yellow -green color. 3.1.2.2 Dissimilar metals. Dissimilar metals, as defined in MIL -STD -889, Dissimilar Metals, will not be in contact with each other. Metal plating or metal spraying of dissimilar base metals to provide electromotively compatible abutting surfaces is acceptable. The use of dissimilar metals separated by suitable insulating material is permitted, except in systems where bridging of insulation materials by an electrically conductive fluid can occur. Page 3 of 28 3.1.2.3 Protection against deterioration. Materials that deteriorate when exposed to sunlight, weather, or operational conditions normally encountered during service will not be used or will have a means of protection against such deterioration that does not prevent compliance with performance requirements. Protective coatings that chip, crack, or scale with age or extremes of climatic conditions or when exposed to heat will not be used. 3.1.2.4 Reflective stripes. A minimum eight (8) inch horizontal band of high gloss white paint or white reflective tape (Retroreflective, ASTM -D 4956-09, Standard Specification for Retroreflective Sheeting for Traffic Control, TYPE III & above) must be applied around the vehicle's surface. This reflective striping shall match the current fleet. 3.1.2.5 Lettering. The manufacturer will apply the airport's 'Name' and 'Insignia' (if available) in a contrasting color or by decal on both sides of the vehicle in long radius elliptical arches above and below the lettering center line. The size of the lettering will be a minimum of 21/2 -inches to a maximum of 6 -inches. Reflective lettering is allowed if the material is the same as that which is used for the reflective stripe (as specified in AC 150/5210-5) . 3.1.3 Vehicle identification plate. A permanently marked identification plate will be securely mounted at the driver's compartment. The identification plate will contain the following information: a. NOMENCLATURE b. MANUFACTURER'S MAKE AND MODEL c. MANUFACTURER'S SERIAL NUMBER d. VEHICLE CURB WEIGHT: kg (pounds) e. PAYLOAD, MAXIMUM: kg (pounds) f. GROSS VEHICLE WEIGHT (GVW): kg (pounds) g. FUEL CAPACITY AND TYPE: gals (gallons) h. DATE OF DELIVERY (month and year) i. WARRANTY (months and km (miles)) j. CONTRACT NUMBER k. PAINT COLOR AND NUMBER Page 4 of 28 A second permanently marked information data plate will be securely mounted on the interior of the driver's compartment. The plate will contain the information required by NFPA 414, Standard for Aircraft Rescue and Fire Fighting Vehicles (2007 Edition), Section 1.3.5 Vehicle Information Data Plate. A single plate that combines or contains the information required for both plates is acceptable. 3.1.4 Environmental conditions. 3.1.4.1 Vehicle operation and storage temperature conditions will vary with geographical location. Thus, the locality temperature range can go from -40° to 1 10°F. Refer to NFPA 414 for vehicle winterization criteria. 3.1.4.2 Temperature range. The vehicle will be capable of satisfactory storage and operation in temperatures ranging from 33° to 1 10°F. The vehicle will be equipped with a cab, chassis, and agent winterization system, permitting operation at 33°F. The winterization system will not detract from the performance of the vehicle or the firefighting system in ambient temperatures up to 110°F. 3.1.5 Reduction of potential foreign object damage. All loose metal parts, such as pins, will be securely attached to the vehicle with wire ropes or chains. Removable exterior access panels, if provided, will be attached with captive fasteners. 3.1.6 Vehicle Mobility. 3.1.6.1 Operating terrain. The vehicle will be capable of operating safely on paved roads, graded gravel roads, cross country terrain, and sandy soil environments. Cross country terrain consists of open fields, broken ground, and uneven terrain. An off-road, high -mobility suspension system resulting in no more than 0.5 Grms acceleration at the driver's seat of the vehicle when traversing an 8 -inch (20 cm) diameter half round at 35 mph (56 kph) must be provided. The suspension design by which the manufacturer meets the suspension performance requirements is at the manufacturer's discretion. 3.1.6.2 Gradeability. The fully loaded vehicle will be able to ascend any paved slope up to and including 50 -percent. 3.1.6.3 Side slope stability. The fully loaded vehicle will be stable on a 30° side slope when tested in accordance with NFPA 414. 3.1.6.4 Cornering stability. The fully loaded vehicle will be stable in accordance with NFPA 414 when tested in accordance with NFPA 414. 3.2 Weights and dimensions. 3.2.1 Overall dimensions. The maximum dimensions listed below are desirable to ensure vehicles can be accommodated in existing fire stations. Likewise, the overall dimensions should be held to a minimum that is consistent with the best operational performance of the vehicle and the design concepts needed to achieve this performance and to provide maximum maneuverability in accordance with NFPA 414. Page 5 of 28 Vehicle Capacity 1500 /Dimensions Gallon Length (inches/cm) 433/110 Width (inches/cm, excluding 124/315 Height (inches/cm) 154/391 NOTE: For Airport Operator Validation: Consult AC 150/5210-15, Aircraft Rescue and Fire Fighting Station Building Design, Appendix A, to ensure vehicles measurements do not exceed existing airport fire station dimensions. 3.2.2 Angles of approach and departure. The fully loaded vehicle will have angles of approach and departure of not less than 30°. 3.2.3 Field of vision. The vehicle will have a field of vision in accordance with NFPA 414. 3.2.3.1 Mirrors. Combination flat and convex outside rearview mirrors will be installed on each side of the cab. The flat mirrors will be of the motorized remote control type, providing not less than 60° horizontal rotational viewing range. The flat mirrors will also have electrically heated heads. Mirror remote and heating controls will be located on the instrument panel within reach of the seated driver. To provide the driver a clear view of the area ahead of the vehicle and to eliminate potential blind spots, a rectangular mirror will be installed on the lower corner of each side of the windshield, having a minimum area of 35 square inches. The vehicle will have a back-up (rear-view) camera with a display monitor mounted above the driver in the cab. Cameras and monitors that are designed to replace the function of the side -view mirrors are not an approved option in this specification. 3.3 Chassis and vehicle components. 3.3.1 Engine. The vehicle will have a turbocharged diesel engine that is certified to comply with the Environmental Protection Agency (EPA) and state laws for off- highway emission requirements at the time of manufacture. The engine and transmission must operate efficiently and without detrimental effect to any drive train components when lubricated with standard, commercially available lubricants according to the recommendations of the engine and transmission manufacturers. Vehicle will have a high idle function for extended stand-by operations. 3.3.1.1 Acceleration. The fully loaded vehicle will accelerate from 0 to 50 miles per hour (mph) on a level paved road within: 25 seconds. 3.3.1.2 Maximum speed. The fully loaded vehicle will attain a minimum top speed of 70 mph on a level, paved road. 3.3.1.3 Pump and roll on a 40 -percent grade. The fully loaded vehicle will be capable of pump and roll operations on a paved, dry, 40 -percent grade in accordance with NFPA 414. Page 6 of 28 3.3.1.4 Altitude. Where justified, the vehicle, including the pumping system, will be designed for operation at 2,000 feet above sea level. 3.3.2 Engine cooling system. The engine cooling system will be in accordance with NFPA 414. A label will be installed near the engine coolant reservoir reading "Engine Coolant Fill." 3.3.3 Fuel system. The fuel system will be in accordance with NFPA 414. 3.3.3.1 Fuel priming pump. The vehicle will be equipped with an electric or pneumatic fuel pump in addition to the mechanical fuel pump. The electric/pneumatic pump will be used as a priming pump capable of re -priming the engines fuel system. 3.3.3.2 Fuel tank. The vehicle will have one or two fuel tanks with a minimum usable capacity in accordance with NFPA 414, as amended by NFPA 414. Each tank will have a fill opening of 3 inches minimum, readily accessible to personnel standing on the ground and designed to prevent fuel splash while refueling. Each tank will be located and mounted so as to provide maximum protection from damage, exhaust heat, and ground fires. If more than one tank is furnished, means will be provided to assure equalized fuel level in both tanks. An overturn fuel valve will be provided for each tank to prevent spillage in the event of a rollover. Each fuel tank must be prominently labeled "Diesel Fuel Only". 3.3.4 Exhaust system. The exhaust system will be in accordance with NFPA 414. The exhaust system will be constructed of high grade rust resistant materials and protected from damage resulting from travel over rough terrain. The muffler(s) will be constructed of aluminized steel or stainless steel. Exhaust system outlet(s) will be directed upward or to the rear, away from personnel accessing equipment compartments and the engine air intake, and will not be directed toward the ground. 3.3.5 Transmission. A fully automatic transmission will be provided. The transmission will be in accordance with NFPA 414. 3.3.6 Driveline. The vehicle driveline will be in accordance with NFPA 414. If the driveline is equipped with a differential locking control, a warning/caution label will be placed in view of the driver indicating the proper differential locking/un-locking procedures. The operator's manual will also include a similar warning/caution. All moving parts requiring routine lubrication must have a means of providing for such lubrication. There must be no pressure lubrication fittings where their normal use would damage grease seals or other parts. 3.3.7 Axle capacity. Each axle will have a rated capacity, as established by the axle manufacturer, in accordance with NFPA 414. 3.3.8 Suspension. The suspension system will be in accordance with NFPA 414 and AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. Page 7 of 28 3.3.9 Tires and wheels. Tires and wheels will be in accordance with NFPA 414. The vehicle will be equipped with single tires and wheels at all wheel positions. The vehicle will be equipped with tubeless steel belted radial tires with non -directional on/off-road type tread mounted on disc wheel assemblies. Tire and wheel assemblies will be identical at all positions. Tires and wheels will be certified by the manufacturer for not less than 25 miles of continuous operation at 60 mph at the normal operational inflation pressure. A spare tire and wheel assembly will be provided; however, the spare tire and wheel assembly are not required to be mounted on the vehicle. Tires will be new. Retreads, recaps, or re -grooved tires will not be permitted. Tire bead locks, where justified, may be installed on all tires and rims. 3.3.10 Towing connections. The vehicle will be equipped with towing connections in accordance with NFPA 414. The vehicle will be designed for flat towing; the capability to lift and tow the vehicle is not required. The tow connections may intrude into the 30 degree approach angle. 3.3.11 Brake system. The vehicle will be equipped with a multi -channel all -wheel antilock brake system with at least one channel for each axle. The brakes will be automatic, self- adjusting and fully air -actuated. Brakes will be in accordance with CFR 49 CFR 393.40 through 393.42(b)), 393.43, and 393.43 through 393.52. The braking system, complete with all necessary components will include: a. Air compressor having a capacity of not less than 16 standard cubic feet per minute (SCFM). b. Air storage reservoir(s), each tank equipped with drain (bleed) valves, and with safety and check valves between the compressor and the reservoir tank. c. Automatic moisture ejector on each air storage reservoir. Manual air tank drains are acceptable if they are labeled, are centrally located in one compartment and are accessible by an individual standing at the side of the vehicle. d. Automatic slack adjusters on cam brakes or internal self-adjusting brakes on wedge brakes on all axles. e. Spring set parking brakes. All components of the braking system will be installed in such a manner as to provide adequate road clearance when traveling over uneven or rough terrain, including objects liable to strike and cause damage to the brake system components. No part of the braking system will extend below the bottom of wheel rims, to ensure, in case of a flat tire, that the weight of the vehicle will be supported by the rim and the flat tire and not be imposed on any component of the braking system. Slack adjusters and air chambers will be located above the bottom edge of the axle carrier. Page 8 of 28 3.3.1 1.1 Air dryer. A replaceable cartridge desiccant air dryer will be installed in the air brake system. The dryer will have the capability of removing not less than 95 percent of the moisture in the air being dried. The dryer will have a filter to screen out oil and solid contaminants. The dryer will have an automatic self-cleaning cycle and a thermostatically controlled heater to prevent icing of the purge valve. 3.3.11.2 Compressed air shoreline or vehicle -mounted auxiliary air compressor. A flush mounted, check valved, auto -eject compressed air shoreline connection will be provided to maintain brake system pressure while the vehicle is not running. The shoreline will be flush mounted (not to extend outside the body line), located on the exterior of the vehicle, either on the left side rear corner of the cab, or at the rear of the vehicle. In lieu of a compressed air shoreline connection, the vehicle may be equipped with a 110 volt shoreline connected vehicle -mounted auxiliary air compressor. In lieu of a compressed air shoreline connection, the vehicle may be equipped with an electrical shoreline connected vehicle mounted auxiliary air compressor. A vehicle mounted 110v air compressor shall be provided for this contract. 3.3.12 Steering. The vehicle will be equipped with power steering. Rear -wheel steering technology is not an approved vehicle option. 3.3.12.1 Steering effort. The steering system performance will be in accordance with NFPA 414. 3.3.12.2 Turning diameter. The fully loaded vehicle will have a wall to wall turning diameter of less than three times the overall length of the vehicle in both directions in accordance with NFPA 414. 3.3.13 License plate bracket. A lighted license plate bracket will be provided at the left rear and left front of the vehicle. The location of the left front bracket will be placed so as not to interfere with the operation of fire fighting systems. 3.4 Cab. The vehicle will have a fully enclosed two door cab of materials which are corrosion resistant, such as aluminum, stainless steel, or glass reinforced polyester construction. Steps and handrails will be provided for all crew doors, and at least one grab handle will be provided for each crew member, located inside the cab for use while the vehicle is in motion. The lowermost step(s) will be no more than 22 inches above level ground when the vehicle is fully loaded. A tilt and telescoping steering column will be provided. 3.4.1 Windshield and windows. The windshield and windows will be of tinted safety glass. Each door window will be capable of being opened far enough to facilitate emergency occupant escape in the event of a vehicle accident. The vehicle windows will have an electric control system. 3.4.2 Cab interior sound level. The maximum cab interior sound level will be in accordance with NFPA 414. Page 9 of 28 3.4.3 Instruments and controls. All instruments and controls will be illuminated and designed to prevent or produce windshield glare. Gauges will be provided for oil pressure, coolant temperature, and automatic transmission temperature. In addition to the instruments and controls required by NFPA 414, the following will be provided within convenient reach of the seated driver: a. Master warning light control switch, b. Work light switch(es), and c. Compartment "Door Open" warning light and intermittent alarm that sounds when a compartment door is open and the parking brakes are released or the transmission is in any position other than neutral. 3.4.4 Windshield deluge system. The vehicle will be equipped with a powered windshield deluge system. The deluge system will be supplied from the agent water tank and will have an independent pumping system. The deluge system activation switch will be located within reach of the seated driver and turret operator. 3.4.5 Forward Looking Infrared (FLIR). A forward looking infrared (FLIR) camera and in - cab monitor, meeting the requirements of NFPA 414, will be provided. In addition, the FLIR monitor described in NFPA 414 will have a minimum dimension of 10 in (25 cm) (measured diagonally) and be located in a position where it is visible to both the seated driver and turret operator. 3.4.6 Climate control system. The offeror/contractor's standard heater/defroster and air conditioning system will be provided. The climate control system will induct at least 60 cubic feet per minute of fresh air into the cab. Cab mounted components will be protected from inadvertent damage by personnel. 3.4.7 Seats. The driver seat will be adjustable fore and aft and for height. The turret operator's seat, located to the right front of the driver's seat, will be a fixed (non - suspension) type. Each seat will be provided with a Type 3 seat belt assembly (i.e., 3 -point retractable restraint) in accordance with CFR 49 CFR 571.209. Seat belts must be of sufficient length to accommodate crew members in full Personal Protective Equipment (PPE). 3.4.7.1. Seat Options. Two types of seat options are allowed in the vehicle. A standard seat contains a hard/fixed back. For these seats, a remote -mounted bracket designed to store a Self -Contained Breathing Apparatus (SCBA) will be provided. The remote -mounted bracket for the driver and turret operator (at a minimum) must be placed inside the cab. The brackets for seat positions #3 and #4 may be placed outside of the cab if necessary. An SCBA seat, on the other hand, contains an opening which can accommodate someone wearing an SCBA. The chart below represents the user's stated preference for the vehicle seating configuration. Page 10 of 28 Position Standard SCBA-Seat N/A Driver X Turret X #3 X #4 X 3.4.8 Windshield wipers and washer. The vehicle will be equipped with electrically powered windshield wipers. The wiper arms and blades will be of sufficient length to clear the windshield area described by SAE J 198, Windshield Wiper Systems - Trucks. Individual wiper controls will include a minimum of two speed settings and an intermittent setting. The wiper blades will automatically return to a park position, out of the line of vision. The vehicle will be equipped with a powered windshield washer system, including an electric fluid pump, a minimum one gallon fluid container, washer nozzles mounted to the wiper arms (wet arms), and a momentary switch. 3.4.9 Warning signs. Signs that state "Occupants must be seated and wearing a seat belt when apparatus is in motion" will be provided in locations that are visible from each seated position in accordance with NFPA 414." 3.4.10 Lateral accelerometer and/or stability control system. The vehicle will be equipped with a lateral accelerometer and/or an electronic stability control system in accordance with NFPA 414. 3.4.11 Monitoring and Data Acquisition System (MADAS). The vehicle will be equipped with a MADAS as prescribed by NFPA 414. 3.5 Body, compartments, and equipment mounting. 3.5.1 Body. The vehicle will have a corrosion -resistant body. 3.5.2 Compartments. The vehicle body will have lighted compartments in accordance with NFPA 414 with a minimum of 10 cubic feet of enclosed storage space. 3.5.2.1 Compartment doors. Storage compartments will have clear anodized aluminum, counterbalanced, non-locking, roll -up or single hinged doors as determined by the manufacturer. Door latch handles on roll -up doors will be full - width bar type. Door straps will be provided to assist in closing the compartment doors when the rolled up or hinged door height exceeds six feet above the ground. 3.5.2.2 Scuffplates. Replaceable scuffplates will be provided at each compartment threshold to prevent body damage from sliding equipment in and out of the compartments. The scuffplates will be securely attached to the compartment threshold but will be easily replaceable in the event of damage. Page 11 of 28 3.5.2.3 Drip rails. Drip rails will be provided over each compartment door. 3.5.2.4 Shelves. An adjustable and removable compartment shelf will be provided for every 18 inches of each vertical storage compartment door opening. Shelving adjustments will require no more than common hand tools, and will not require disassembly of fasteners. Shelves will support a minimum of 200 pounds without permanent deformation. Each shelf will be accessible to crew members standing on the ground or using a pull out and tip -down configuration. Each shelf will have drain holes located so as to allow for drainage of any water from the stowed equipment. 3.5.2.5 Drainage mats. Each compartment floor and shelf will be covered with a removable black mat designed to allow for drainage of any water from the stowed equipment. 3.5.3 SCBA storage tubes. A single compartment or tubes for storage of four SCBA bottles will be provided. If tubes are provided, two will be installed on each side of the vehicle. The tubes will be of sufficient size to accommodate the procuring agencies SCBA cylinders. 3.5.4 Ladder, handrails, and walkways. Ladder, stepping, standing, and walking surfaces will be in accordance with NFPA 414. Handrails will be provided in accordance with NFPA 414. The lowermost step(s) or ladder rungs will be no more than 22 inches (56 cm) above level ground when the vehicle is fully loaded. The lowermost steps may extend below the angle of approach or departure or ground clearance limits if they are designed to swing clear. The tread of the bottom steps must be at least 8 inches (20 cm) in width and succeeding steps at least 16 inches (40 cm) in width. The full width of all steps must have at least 6 inches (15 cm) of unobstructed toe room or depth when measured from, and perpendicular to, the front edge of the weight-bearing surface of the step. 3.5.5 Ancillary equipment. Ancillary equipment listed in NFPA 414 A.4.2.1 (1)-(17) is not covered by this Procurement Specification in accordance with AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. Ancillary equipment is funded separately by other sources. 3.6 Agent system. 3.6.1 Agent (fire) pump. The vehicle will be equipped with a centrifugal pump capable of providing the performance specified herein as prescribed by NFPA 414. 3.6.1.1 Agent system piping. All piping, couplings, and valves and associated components that come into contact with the agent will be in accordance with NFPA 414. 3.6.1.2 Tank to pump connection. A check valve and shutoff valve will be provided in each tank to pump line. Page 12 of 28 3.6.1.3 Piping, couplings, and valves. All agent system piping will conform to NFPA 414 criteria. 3.6.1.4 Overheat protection. The agent system will be equipped with an overheat protection system in accordance with NFPA 414. Overheat protection is not required on vehicles utilizing a pre -mixed pressurized foam system. 3.6.1.5 Pressure relief valves. The agent system will be equipped with pressure relief valves in accordance with NFPA 414. 3.6.1.6 Drains. The agent system will be equipped with a drainage system in accordance with NFPA 414. 3.6.2 Water tank. The vehicle will have a water tank with a manufacturer certified minimum capacity of at least 1500 gallons. 3.6.2.1 Water tank construction. The water tank will be constructed of passivated stainless steel, polypropylene, or Glass Reinforced Polyester (GRP) construction. All materials used will be capable of storing water, foam concentrate, and water/AFFF solutions. 3.6.2.2 Water tank overhead fill cover and drain. The water tank will be equipped with a 20 inch fill tower. The tower will be designed to allow for video inspection of the water tank interior. The water tank will incorporate a drainage system in accordance with NFPA 414. 3.6.2.3 Water tank overflow system and venting. The water tank will incorporate a venting system to relieve pressure on the tank during fill and discharge operations at maximum flow rates. It will have an overflow system to relieve excess fluid in the event of tank overfill. Drainage from the vent and overflow system will not flow over body panels or other vehicle components and will not be in the track of any of the tires. Tank vent hoses will be of the non- collapsible type. 3.6.2.4 Water tank top fill opening. A top fill opening of not less than 8 inches internal diameter with a readily removable '/4 -inch mesh strainer will be provided. The fill opening may be incorporated as part of the manhole cover, and will be sized to accommodate a 21/2 -inch fill hose. 3.6.2.5 Water tank fill connections. The water tank will incorporate National Hose thread connections and will be in accordance with NFPA 414. If the vehicle is fitted with the "structural fire fighting capability option," the additional requirements listed in paragraph 3.6.8 must be incorporated. 3.6.3 Foam system. (NOTE: The requirements of section 3.6.3 do not apply to pre- mixed pressurized foam systems.) 3.6.3.1 Foam concentrate tank. The foam concentrate tank(s) will have a manufacturer certified working capacity sufficient for two tanks of water at the Page 13 of 28 maximum tolerance specified in NFPA 412, Standard for Evaluating Aircraft Rescue and Fire -Fighting Foam Equipment for 3 to 6 percent foam concentrate (i.e., 7.0 -percent). 3.6.3.1.1 Foam tank construction. The foam tank will be constructed of passivated stainless steel, polypropylene, or GRP construction. All materials used will be capable of storing foam concentrate. 3.6.3.1.2 Foam tank drain. The foam tank will incorporate a drain and drain valve. The valve will be on the left side of the vehicle and controlled by a crew member standing on the ground. The drain line will have a minimum 11/2 -inch I.D. The foam tank drain outlet will be located so that the contents of the tank can be drained into 5 -gallon cans and 55 -gallon drums. 3.6.3.1.3 Foam tank top fill trough. The foam tank will incorporate a top fill trough mounted in the top of the tank readily accessible to at least two crew members on top of the vehicle. The top fill trough will incorporate a cover, latch, and sealed so as to prevent spillage under any operating condition. The top fill trough will be designed to allow two standard 5- gallon foam concentrate containers to be emptied simultaneously. The top fill trough neck will extend sufficiently close to the bottom of the tank to reduce foaming to a minimum during the fill operation. The top fill trough will incorporate readily removable, rigidly constructed 10 mesh stainless steel, brass or polyethylene strainers. All components in and around the top fill trough will be constructed of materials that resist all forms of deterioration that could be caused by the foam concentrate or water. 3.6.3.2 Foam tank fill connections. The foam tank will incorporate a 1.5 inch National Hose thread female hose connection on both sides of the vehicle to permit filling by an external transfer hose at flow rates up to 25-gpm. The connections will be provided with chained -on long handled plugs or rocker lug plugs. The top of the connections will be no higher than 48 inches above the ground and readily accessible. The fill lines will incorporate check valves and readily removable, rigidly constructed 1/4 - inch mesh strainers. All components in the foam tank fill system will be constructed of materials that resist all forms of deterioration that could be caused by the foam concentrate or water. 3.6.3.2.1 Foam tank vent and overflow system. The foam tank will incorporate a vent system to relieve pressure on the tank during fill and discharge operations at maximum flow rates and an overflow system to relieve excess liquid in the event of tank overfill. Drainage from the vent and overflow system will not flow over body panels or other vehicle components and will not be in front of or behind any of the tires. Tank vent hoses will be of the non -collapsible type. 3.6.3.3 Foam transfer pump. A foam transfer pump will be provided and mounted in a compartment on the vehicle. The pump will be capable of transferring and drawing foam liquid concentrate at adjustable flow rates up to 25-gpm directly through the pump and loading connections (see 3.6.3.2). All materials and components that come in contact with the foam will be compatible with the foam concentrate. The pump and its plumbing will have provisions for flushing with water Page 14 of 28 from the water tank. A suitable length of hose with appropriate connections will be provided for filling the foam tank from an external foam storage container. 3.6.3.4 Foam flushing system. The foam concentrate system will be designed in accordance with NFPA 414 so that the system can be readily flushed with clear water. 3.6.3.5 Foam concentrate piping. All metallic surfaces of the piping and associated components that come into contact with the foam concentrate will be of brass, bronze, or passivated stainless steel. The foam concentrate piping will be in accordance with NFPA 414. 3.6.4 Foam proportioning system. The vehicle will have a foam proportioning system for Aqueous Film -Forming Foam (AFFF) (whether 3- or 6 -percent foam concentrate) in accordance with NFPA 414. If a fixed orifice plate system is used, a plate will be provided for each percentage foam concentrate; the additional plate will be securely mounted in a protected location on the vehicle. A fire vehicle mechanic will be able to interchange the plates using common hand tools. 3.6.5 Primary vehicle turret. The vehicle will be equipped with a standard roof - mounted turret, high reach extendable turret, and/or high flow bumper mounted turret to serve as the primary source of agent delivery, as specified below: 3.6.5.1. The vehicle will be equipped with a high reach extendable turret (capable of penetrating the second level of the New Large Aircraft (NLA) class of aircraft, in accordance with paragraph 3.6.5.2. The NLA class aircraft are equivalent to the 'Airplane Design Group VI' category, as specified in AC 150/5300-13, Airport Design. NOTE: AC 150-5220-10 allows one vehicle equipped with a high reach for an Index B- E airport at each airport station. 3.6.5.2. High reach extendable turret (HRET). The high reach extendable turret must be in accordance with NFPA 414 and will have the vertical and horizontal reach necessary to service the highest placed engine of the aircraft being serviced. It will have a non -air -aspirating, constant flow, variable stream nozzle with dual flow rates for foam or water rated as specified in NFPA 414. The discharge pattern will be infinitely variable from straight stream to fully dispersed. The type of nozzle or turret drain will be per the manufacturer's recommendation. The HRET will be controlled by one or two joysticks, each with a pistol grip handle, positioned for use by the driver and the crew member seated to the right of the driver (the turret operator). The cab design will provide clear visibility of the turret to both the driver and the turret operator with the turret in any position. 3.6.5.2.1 Video camera and monitor. The HRET will be equipped with a remote video camera and a cab mounted monitor. The system will be a complete video system consisting of a single color camera equipped with auto -focus and a cab controlled zoom. The camera/lens assembly will be protected from the heat of the fire and from the same climatic extremes as the truck. A color video monitor with a minimum dimension of 10 inches (measured diagonally) will be positioned in the cab within view Page 15 of 28 of both the driver's and the turret operator's seated positions. One monitor may be provided for both the FLIR (see 3.4.5) and the camera with a switch to change between the FLIR and the camera. 3.6.5.2.2 Aircraft skin penetrator. The HRET will be equipped with an aircraft skin penetrator and agent application tool. The skin penetrator will be a minimum of 20 inches long, installed at the tip of the HRET, and connected to the water/AFFF agent discharge line. Agent application through the skin penetrator will be controlled from the cab. NOTE: If a high reach extendable turret is specified by the purchaser, a skin penetrating nozzle must be provided. The penetrating nozzle must be movable to allow for proper alignment of the penetrator to the aircraft fuselage for piercing operations. It must be capable of the minimum water/flow rate and pattern requirements of NFPA 414, Tables 4.1.1(c) and 4.1.1(d). 3.6.6 Bumper turret. The vehicle will be equipped with a joystick controlled, constant flow, non -air -aspirating, variable stream type: low angle high volume dual rate (minimum 375/750 GPM) bumper turret. The bumper turret will be capable of discharging at a minimum flow rates of foam or water as specified by the user, with a pattern infinitely variable from straight stream to fully dispersed. The bumper turret will be capable of automatic oscillation, with the range of oscillation adjustable up to 90° each side of center (left and right) with vertical travel capabilities of +45°/-20° meeting section 4.20.2 in NFPA 414. 3.6.7 Preconnected handline(s). Two 200 foot, 13/4 -inch pre -connected woven jacket handline(s), with a 11/2 -inch control valve and a pistol grip nozzle, will be located on (or accessible from) each side of the vehicle. A safety system will be provided to prevent charging of the hose until the hose has been fully deployed. The handline(s) and nozzle(s) will be in accordance with NFPA 414, and will allow for a minimum of 95 gpm at 100 psi nozzle pressure. A control for charging each handline will be provided for operation by both the driver and the turret operator. 3.6.7.1 In addition, the vehicle will be equipped with the following handline: 100 feet of twinned 1 -inch dry chemical / foam -water hose on a reel. 3.6.8. Structural fire fighting capability. The vehicle will be equipped with an agent system structural control panel, on the left side of the vehicle, operable while standing on the ground. Structural panel activation will be interlocked to operate only with the vehicle parking brakes set and the transmission in neutral position. Controls and instruments will be grouped by function. The control panel will be hinged or accessible from the rear for maintenance. Instruments will be lighted for night operation. 3.6.8.1 The structural panel will include, as a minimum, the following: a. Panel activation switch, including the panel lights. b. Engine tachometer. c. Engine oil pressure gauge with low pressure warning light. Page 16 of 28 d. Engine coolant temperature gauge with high temperature warning light. e. A liquid filled gauge, or digital indicator for pump suction, -30 inches Hg vacuum to 600 psi. f. A liquid filled gauge, or digital indicator for pump pressure, 0 to 600 psi. g. An adjustable pump pressure using either an electronic pressure governor or manual control with a relief valve will be provided. h. Foam or water selection. i. Water and foam tank liquid level indicators, located adjacent to the water and foam tank fills. 3.6.8.2 The structural fire fighting capability will also require installation of the following items: a. A priming pump and control (for drafting using the large intake connection) . b. Water tank isolation valve. c. Discharge connections. Two 21/2 -inch discharge connections with male National Hose threads will be provided. One 21/2 -inch discharge will be provided on each side of the vehicle. Each connection will be equipped with a cap, a quarter -turn control valve, a bleeder valve, and a pressure gauge. Each connection will be rated at 250-gpm minimum. d. Intake connections. The vehicle will be equipped with one valved 41/2 - inch intake connection on the left side. The vehicle will be equipped with two valved 2'/2 -inch intake connections one on each side of the vehicle, with one being adjacent to the 4'/2 -inch intake connection with both having either a 30° or 45° turn -down fitting. The 41/2 -inch intake connection will have male National Hose threads, a quarter -turn control valve, a bleeder valve, a strainer, and a cap. The 21/2 -inch intake connection will have rocker lug female National Hose threads, a quarter - turn control valve, a bleeder valve, a strainer, and a plug. The vehicle will be capable of filling its water tank by pumping from a draft, a hydrant, or a nurse truck through either of the intake connections without the use of a hose from a discharge connection to a tank fill connection. 3.6.9 Primary turret discharge nozzle. The vehicle will be equipped with a complementary agent discharge mounted parallel to the AFFF solution discharge on the primary turret mounted on the front bumper. Page 17 of 28 3.7 Dry chemical agent system. The vehicle will be equipped with a 450 Ib minimum capacity potassium bicarbonate dry chemical auxiliary agent system. The propellant gas cylinder will be replaceable within fifteen minutes by two crew members standing on the ground and be equipped with a cylinder replacement hoisting system. The propellant gas cylinder will be secured to withstand off-road operations. A pressure indicator will be visible to any person opening the tank fill cap. Blow -down piping will be directed beneath the vehicle. The dry chemical agent tank will include lifting rings and will have a nameplate indicating, as a minimum, the following: a. Extinguishing agent. b. Capacity. c. Weight full. d. Weight empty. e. Operating pressure. f. Hydrostatic test date. g. Type of agent required for re -servicing. 3.7.1 Not applicable. 3.7.2 Dry chemical hose reel. A hose reel, equipped with at least 100 feet of dry chemical hose, will be mounted in a compartment. Handline agent and purge controls will be mounted in or adjacent to the compartment. All electrical components will be sealed against entry of water. The hose reel will have both electric and manual rewind provisions. The manual rewind handle will be bracket mounted and stored in the compartment. A quick acting control will be provided to activate the handline from the cab of the vehicle. 3.8 Not applicable. 3.9 Electrical systems and warning devices. The vehicle will have a 12 -volt or 24 - volt electrical and starting system in accordance with NFPA 414. 3.9.1 Alternator. An appropriate charging system, in accordance with NFPA 414, will be provided. The minimum continuous electrical load will include operation of the air conditioning system. 3.9.2 Batteries. Batteries will be of the maintenance -free type; addition of water will not be required during normal service life. The battery cover and vent system will be designed to prevent electrolyte loss during service and to keep the top of the battery free from electrolyte. 3.9.2.1 Battery compartment. The batteries will be enclosed in a weatherproof enclosure, cover, or compartment and be readily accessible. 3.9.3 Battery charger or conditioner. The vehicle will have a DC taper type battery charger or an automatic battery conditioner, or voltage monitoring system, providing Page 18 of 28 a minimum 12 amp output. The charger/conditioner will be permanently mounted on the vehicle in a properly ventilated, accessible location. The charger/conditioner will be powered from the electrical shoreline receptacle (see 3.10.1). A charging indicator will be installed next to the receptacle. When a battery conditioner is provided, the conditioner will monitor the battery state of charge and, as necessary, automatically charge or maintain the batteries without gassing, depleting fluid level, overheating, or overcharging. A slave receptacle will be provided at the rear or on either side of the vehicle cab. Battery jump studs may be installed on the exterior of the battery box in lieu of a slave receptacle. 3.9.4 Electromagnetic interference. The vehicle electrical system will be in accordance with SAE J551-2 for electromagnetic interference. 3.9.5 Work lighting. 3.9.5.1 Cab interior lights. Cab interior light levels will be sufficient for reading maps or manuals. At least one red and one white cab interior dome light will be provided. 3.9.5.2 Compartment lights. White lighting sufficient to provide an average minimum illumination of 1.0 footcandle will be provided in each compartment greater than 4.0 cubic feet and having an opening greater than 144 square inches. Where a shelf is provided, this illumination will be provided both above and below the shelf. All compartments will be provided with weatherproof lights that are switched to automatically illuminate when compartment doors are opened and the vehicle master switch is in the `on' position. Light switches will be of the magnetic (non- mechanical) type. 3.9.5.3 Ladder, step, walkway, and area lights. Non -glare white or amber lighting will be provided at ladders and access steps where personnel work or climb during night operations. In addition, ground lighting will be provided. Ground lights will be activated when the parking brake is set in accordance with AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. These area lights will be controlled with three-way switches on the cab instrument panel and near the light sources. The switch located in the cab will be a master switch and must be turned on before auxiliary switches near the light sources are operational. 3.9.5.4 Spot/Floodlights. Two spot/floodlights will be attached at the end of the primary turret or at the end of the HRET assembly. The lights will illuminate the area covered by the turret. Both lights will be controlled from switches in the cab. LED lights will be used. 3.9.5.5 Flood Lights. Two telescoping floodlights will be provided. One light will be mounted on the left and right sides of the vehicle. 250W LED lights will be used. Both lights will be mounted on extension tubes and controlled from switches in the cab and manually raised. To prevent these lights from accidental damage, the cab will be equipped with a visual warning signal to alert the driver if the lights are inadvertently left in the "up" position. Page 19 of 28 3.9.5.6 Scene Lights. A total of six high mounted floodlights will be provided to illuminate the work areas around the vehicle. Two lights will be mounted on the front and two will be mounted on each side of the vehicle. The lights will be powered by the vehicle alternator driven system or auxiliary generator, and the lights in the front will be controlled from switches in the cab. LED lights will be used. 3.9.6 Audible warning devices. 3.9.6.1 Siren. The vehicle will be equipped with an electronic siren system. The amplifier unit will include volume control and selection of "Radio," "PA," "Manual," "Yelp," "Wail," and "Hi -Lo" (European) modes, and a magnetic noise canceling microphone. The amplifier, microphone, and controls will be within reach of the driver and the turret operator. Siren activating foot switches will be located in front of the driver and the turret operator. The siren speaker will be rated at 100 watts minimum and will be located in a guarded position as low and as far forward on the vehicle as practical. 3.9.6.2 Horn. Dual forward facing air horns will be installed in protected locations near the front of the vehicle. Air horn activating foot switches will be located in front of the driver and the turret operator. 3.9.7 Emergency warning lights. All emergency warning lights must meet the requirements of AC 150/5210-5. Where applicable, LED lights will be used as the primary light type. Lighting units will be installed on the top front, sides, and rear of the vehicle to provide 360° visibility. A switch will be provided on the instrument panel to control all of the top, side, front and rear emergency warning lights. A switch will also be provided on the instrument panel to disable all lower emergency warning lights when desired. All lighting systems will meet NFPA 414 emergency lighting criteria. 3.9.7.1 Emergency warning light color. All emergency warning lights will meet the requirements of AC 150/5210-5. 3.9.7.2 Headlight flashing system. A high beam, alternating/flashing, headlight system will be provided. The headlight flasher will be separately switched from the warning light panel. All emergency warning lights will meet the requirements of AC 150/5210-5. 3.9.8 Radio circuit. The vehicle will have three separate 30 amp circuits with breakers and connections provided in a space adjacent to the driver and turret operator for installation of radios and other communications equipment after the vehicle has been delivered. To facilitate the installation of the communications equipment the manufacturer will provide three antennas pre-installed on top of the cab. Radios are an airport responsibility and not part of this specification. 3.9.9 Power receptacles. 3.9.9.1 Primary power receptacles. The vehicle will have two duplex 15 -amp 110 -volt power receptacles, one installed adjacent to the cab door on each side Page 20 of 28 of the vehicle. Each duplex receptacle will include one straight blade and one twist - lock connection. These outlets will be powered by the generator. 3.9.9.2 Auxiliary power receptacles. The vehicle will have 2 -12 -volt auxiliary power receptacles mounted adjacent to the driver and crew member positions, preferably in the instrument panel. 3.9.9.3 Cable reel. The vehicle will be equipped with an electrical cable reel, located within a compartment. The reel will be equipped with 200 feet of 20 amp, 600 volt, 90°C insulated electrical cable. The electrical cable will be equipped with a rubber ball stop to prevent cable pull through during rewinding operations. A four-way roller guide will be provided on the cable reel to prevent chafing of cable insulation. The cable reel will have an electric rewind motor with provisions for manual rewind in the event of motor failure; the manual rewind handle will be securely stored near the cable reel. A portable weatherproof duplex outlet box, with built-in circuit breakers and twist -lock receptacles, will be provided for on the cable end. The cable reel will be powered by the auxiliary generator. 3.9.10 Auxiliary generator. A minimum 10 kilowatt (kW) (continuous rating), 120/240 - volt, 60 hertz, diesel, hydraulic, or split shaft Power Takeoff (PTO) -driven generator will be provided. 3.10 Line voltage electrical system. 3.10.1 Electrical shoreline connection. The battery charger/conditioner will be powered from a covered, polarized, insulated, labeled, recessed (flush mounted), male, 110 volt AC auto -eject receptacle. The connection will be located on the exterior of the vehicle at the rear or on either side of the cab. A weatherproof charge meter will be installed next to the receptacle. A 15 amp rated, 110-120 volt, AC straight blade (non twist -lock) connector will be provided. 3.11 Air systems. 3.1 1.1 Air hose reel. An air hose reel will be provided in an enclosed compartment on the vehicle. The hose reel will be equipped with 200 feet of 3/8 -inch I.D. hoseline. A 3/8 inch National Pipe Taper (NPT) fitting and female style quick disconnect will be connected to the end of the hoseline. A four-way roller guide will be provided for the hose reel to prevent hose chafing and kinking. The hoseline will be equipped with a rubber ball stop to prevent hose pull through on roller guides during rewinding operations. The hose reel will have an electric rewind motor and provisions for manual rewind in the event of motor failure; the manual rewind handle will be securely stored near the hose reel. A pressure protected air supply from the chassis air system will be connected to the hose reel. The air supply lines will be routed with minimum bends and located or guarded from damage from the carried equipment. 3.12 Quality of Workmanship. The vehicle, including all parts and accessories, will be fabricated in a thoroughly workmanlike manner. Particular attention will be given Page 21 of 28 to freedom from blemishes, burrs, defects, and sharp edges; accuracy of dimensions, radii of fillets, and marking of parts and assemblies; thoroughness of welding, brazing, soldering, riveting, and painting; alignment of parts; tightness of fasteners; et cetera. The vehicle will be thoroughly cleaned of all foreign matter. 4. REGULATORY REQUIREMENTS. 4.1 Recoverable Materials. The contractor is encouraged to use recovered materials to the maximum extent practicable, in accordance with Title 48: Federal Acquisition Regulations System, Part 2823—Environment, Conservation, Occupational Safety, and Drug-free Workplace, Subpart 2823.4 Use of Recovered Material, 403 Policy and 404 Procedures. 4.2 Green Procurement Program. Green Procurement Program (GPP) is a mandatory federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. GPP requirements apply to all acquisitions using appropriated funds, including services and new requirements. FAR 23.404(b) applies and states the GPP requires 100% of EPA designated product purchase that are included in the Comprehensive Procurement Guidelines list that contains recovered materials, unless the item cannot be acquired: a. competitively within a reasonable timeframe; b. meet appropriate performance standards, or c. at a reasonable price. The prime contractor is responsible for ensuring that all subcontractors comply with this requirement. Information on the GPP can be found at: http://www.dot.gov/ost/m60/DOT_policy_letters/ap18_04.pdf or FAR 23.404(b): http://www.acquisition.gov/far/current/html/Subpart%2023_4.html. 5. PRODUCT CONFORMANCE PROVISIONS. 5.1 Classification of inspections. The inspection requirements specified herein are classified as follows: a. Performance inspection (see 5.2). b. Conformance inspection (see 5.3). 5.2 Performance inspection. The vehicle will be subjected to the examinations and tests described in 5.6.3.1 through 5.6.3.5 (if applicable). The contractor will provide or arrange for all test equipment, personnel, schedule, and facilities. 5.3 Conformance inspection. The vehicle will be subjected to the examinations and tests described in 5.6.3.1 through 5.6.3.5 (if applicable). The contractor will provide or arrange for all test equipment, personnel, and facilities. 5.4 Product conformance. The products provided will meet the performance Page 22 of 28 characteristics of this PS, conform to the producer's own drawings, specifications, standards, and quality assurance practices, and be the same product offered for sale in the commercial marketplace. The purchaser reserves the right to require proof of such conformance. 5.5 Technical proposal. The offeror/contractor will provide an itemized technical proposal that describes how the proposed model complies with each characteristic of this PS; a paragraph by paragraph response to the characteristics section of this PS will be provided. The offeror/contractor will provide two copies of their commercial descriptive catalogs with their offer as supporting reference to the itemized technical proposal. The offeror/contractor will identify all modifications made to their commercial model in order to comply with the requirements herein. The vehicle furnished will comply with the "commercial item" definition of FAR 2.101 as of the date of award. The purchaser reserves the right to require the offeror/contractor to prove that their product complies with the referenced commerciality requirements and each conformance/performance characteristics of this PS. 5.6 Inspection requirements. 5.6.1 General inspection requirements. Apparatus used in conjunction with the inspections specified herein will be laboratory precision type, calibrated at proper intervals to ensure laboratory accuracy. 5.6.2 Test rejection criteria. Throughout all tests specified herein, the vehicle will be closely observed for the following conditions, which will be cause for rejection: a. Failure to conform to design or performance requirements specified herein or in the contractor's technical proposal. b. Any spillage or leakage of any liquid, including fuel, coolant, lubricant, or hydraulic fluid, under any condition, except as allowed herein. c. Structural failure of any component, including permanent deformation, or evidence of impending failure. d. Evidence of excessive wear. e. Interference between the vehicle components or between the vehicle, the ground, and all required obstacles, with the exception of normal contact by the tires. f. Misalignment of components. g. Evidence of undesirable roadability characteristics, including instability in handling during cornering, braking, and while traversing all required terrain. h. Conditions that present a safety hazard to personnel during operation, servicing, or maintenance. i. Overheating of the engine, transmission, or any other vehicle component. j• k. Failure of the fire fighting system and sub -systems. Evidence of corrosion. Page 23 of 28 5.6.3 Detailed inspection requirements. 5.6.3.1 Examination of product. All component manufacturers' certifications, as well as the prototype and production/operational vehicle testing outlined in Table 1, will be examined to verify compliance with the requirements herein. Attention will be given to materials, workmanship, dimensions, surface finishes, protective coatings and sealants and their application, welding, fastening, and markings. Proper operation of vehicle functions will be verified as defined by NFPA 414, Acceptance Criteria chapter. A copy of the vehicle manufacturer's certifications will be provided with each vehicle in accordance with NFPA 414. The airport may accept a manufacturer or third party certification for any/all prototype and production/operational vehicle testing performed prior to delivery which proves that the vehicle meets the performance parameters of NFPA 414. Table 1. Vehicle Test Data NFPA 414 paragraph Test Production Vehicle Operational Tests (NFPA 414 - Section 6.4) (6.4.1) Vehicle Testing, Side Slope (6.4.2) Weight / Weight Distribution (6.4.3) Acceleration. NOTE: With the modification that the instrumentation must be a GPS -based electronic data collection (6.4.4) Top Speed (6.4.5) Brake Operational Test (6.4.6) Air System / Air Compressor Test (6.4.7) Agent Discharge Pumping Test (6.4.8) Dual Pumping System Test (As Applicable) (6.4.9) Pump and Maneuver Test (6.4.10) Hydrostatic Pressure Test (6.4.1 1) Foam Concentration Test (6.4.12) Primary Turret Flow Rate Test (6.4.13) Piercing/Penetration Nozzle Testing (As Applicable) Prototype Vehicle Tests (NFPA 414 - Section 6.3) (6.3.1) Rated Water and Foam Tank Capacity Test (6.3.2) Cornering Stability. NOTE: With the modification that the evasive maneuver / double -lane chanae test must be conducted at 35 (6.3.3) Vehicle Dimensions (6.3.4) Driver Vision Measurement (6.3.5) Pump and Roll on a 40 Percent Grade (6.3.6) Electrical Charging System (6.3.7) Radio Suppression (6.3.8) Gradability Test (6.3.9) Body and Chassis Flexibility Test (6.3.10) Service/Emergency Brake Test (6.3.1 1) Service/Emergency Brake Grade Holding Test (6.3.12) Steering Control Test (6.3.13) Vehicle Clearance Circle Test (6.3.14) Agent Pump(s)/Tank Vent Discharge Test (6.3.15) Water Tank Fill and Overflow Test (6.3.16) Flushing System Test Page 24 of 28 (6.3.17) Primary Turret Flow Rate Test (6.3.18) Primary Turret Pattern Test (6.3.19) Primary Turret Control Force Measurement (6.3.20) Primary Turret Articulation Test (6.3.21) Handline Nozzle Flow Rate Test (6.3.22) Handline Nozzle Pattern Test (6.3.23) Ground Sweep/Bumper Turret Flow Rate Test (6.3.24) Ground Sweep/Bumper Turret Pattern Control Test (6.3.25) Undertruck Nozzle Test (6.3.26) Foam Concentration/Foam Quality Test (6.3.27) Warning Siren Test (6.3.28) Propellant Gas (6.3.29) Pressure Regulation (6.3.30) AFFF Premix Piping and Valves (6.3.31) Pressurized Agent Purging and Venting (6.3.32) Complementary Agent Handline Flow Rate and Range (6.3.33) Dry Chemical Turret Flow Rate and Range (6.3.34) Cab Interior Noise Test 6. PACKAGING. 6.1 Preservation, packing, and marking will be as specified in the Procurement Specification, contract or delivery order. 6.2 The vehicle must be delivered with full operational quantities of lubricants, brake and hydraulic fluids, and cooling system fluid all of which must be suitable for use in the temperature range expected at the airport. 6.3 The vehicle must be delivered with one complete load of firefighting agents and propellants. One complete load is defined as all of the agents and propellants necessary for the vehicle to be fully operational. One load would include, at a minimum: one fill of a foam tank; one fill of a dry chemical tank (if applicable); one fill of a halogenated tank (if applicable); one spare nitrogen cylinder for a dry chemical system (if applicable); and one spare argon cylinder for a halogenated system (if applicable). Agents and propellants for required testing or training are not included. For the initial training period, water should be used in place of other extinguishing agents. The manufacturer may pre -ship agents and propellants to a receiving airport to reduce overall procurement costs. 6.4. The vehicle manufacturer must provide initial adjustments to the vehicle for operational readiness and mount any ancillary appliances purchased through the vehicle manufacturer as part of the vehicle. 7. TRAINING. 7.1 Upon delivery of the vehicle to the Airport, the manufacturer must, at no additional cost, provide the services of a qualified technician for five consecutive Page 25 of 28 days (or up to 8 days for an high reach extendable turret) for training. This is considered sufficient time for the Airport to adjust shift work schedules to get maximum employee attendance to training sessions at some point during the training period. During this time, sufficient repetitive learning opportunities must be provided by the manufacturer to allow various shifts to complete the training requirements. 7.2 The technician must provide thorough instruction in the use, operation, maintenance and testing of the vehicle. This setup must include operator training for the primary operators, which will give them sufficient knowledge to train other personnel in the functional use of all fire fighting and vehicle operating systems. Prior to leaving the vehicle, the technician must review the maintenance instructions with the Airport's personnel to acquaint them with maintenance procedures as well as how to obtain support service for the vehicle. 7.3 Training must include written operating instructions, electronic training aids (videos/power point), or other graphics that depict the step-by-step operation of the vehicle. Written instructions must include materials that can be used to train subsequent new operators. 8. REFERENCED DOCUMENTS. 8.1 Source of documents. 8.1.1 The CFR may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402. Title 14, Code of Federal Regulations (CFR), Part 139, Certification of Airports (14 CFR Part 139) Section 139.315 Aircraft Rescue and Firefighting: Index Determination. Section 139.317 Aircraft Rescue and Firefighting: Equipment and Agents. Section 139.319 Aircraft Rescue and Firefighting: Operational Requirements. Title 49; Code of Federal Regulations (CFR), Part 393: Parts and Accessories Necessary for Safe Operation: Subpart C—Brakes. Title 49; Code of Federal Regulations (CFR), Part 571, Motor Carrier Vehicle Safety Standards, Part 209, Standard No. 209; Seat Belt Assemblies 8.1.2 SAE documents may be obtained from SAE, Inc., 400 Commonwealth Drive, Warrendale PA 15096. 8.1.3 National Fire Protection Association (NFPA): NFPA documents may be obtained from NFPA, Batterymarch Park, Quincy MA 02269-9101. NFPA 412, Standard for Evaluating Aircraft Rescue and Fire -Fighting Foam Equipment (2009 Edition) NFPA 414, Standard for Aircraft Rescue and Fire Fighting Vehicles (2007 Edition) NFPA 1901, Standard for Automotive Fire Apparatus (2009 Edition) Page 26 of 28 8.1.4 Federal Aviation Administration (FAA): FAA ACs may be obtained from the FAA website: http://www.faa.gov/regulations_policies/advisory_circulars/ AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport FAA Orders, Specifications, and Drawings may be obtained from: Federal Aviation Administration, ATO -W CM -NAS Documentation, Control Center, 800 Independence Avenue, SW, Washington, DC 20591. Telephone: (202) 548-5256, FAX: (202) 548-5501 and website: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/techop s/atc_facilities/cm/cm_documentation/ Options: 9. The City has a number of option items that may be purchased as outlined on the pricing sheets. The items that may be selected include the following listed items. All selected items will be provided as specified below: 9.1 Computer based training (CBT) program and joystick for HRET. The training package must include controls that simulate as closely as possible the actual cab environment (e.g. location of joystick, throttle, and steering wheel). The simulation software program must represent the actual maneuvering operation and controller interface of the actual operation of the elevated and high reach extendable turret of the ARFF vehicle. 9.2 Airport Professional Service (APS) Penetration Aircraft Skin Trainer (PAST) Trainer System. The APS must meet the following minimum requirements: a. Aluminum panels must be comparable in thickness, hardness, and curvature of the predominate type aircraft for the specific airport. Panels may be movable or replaceable to allow adjustments for different aircraft types. b. Panels must be located at a representative height to the predominant aircraft in use at the specific airport. c. Panels must be mounted on a structure (portable or stationary) that remains stable during training exercises. 9.3 Three under -truck nozzles with flow rates per NFPA 414. 9.4 Aircraft Rescue Fire Fighting Equipment (Reference: AC 150/5210-14B, 14 CFR Part 139.319, NFPA 403 Standard for Aircraft Rescue and Fire -Fighting Services at Airports 2014 Edition; NFPA 1981, SCBA; NFPA 1936 Standard on Powered Rescue Tools. Page 27 of 28 9.4.1 Omitted 9.4.2 Omitted 9.4.3 Omitted 9.4.4 Two Truck mounted hand held LED lanterns. E -Flood Litebox HL Streamlight 9.4.5 Two Combination Hydrant and Spanner Wrench holder sets with vehicle mounted brackets 9.4.6 One Halotran Clean Agent 15.5 Ib. rated 2a:10B: C extinguisher with PAC Fastlok K5020 vehicle mounting bracket 9.4.7 One Purple K B: C 20 Ib. rated 120B: C Potassium Bicarbonated Extinguisher with PAC Fastlok K5020 vehicle mounting bracket 9.4.8 One Class D Fire Extinguisher 30 Ib. with PAC Fastlok K5020 vehicle mounting bracket 9.4.9 Omitted Warranty 10. At a minimum, the manufacturer shall provide warranties on the base vehicle and major components as follows: The firefighting unit will be covered by a minimum of one-year warranty after delivery. Page 28 of 28 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI REVISED BID FORM PURCHASING DIVISION RFB No. 1093 Aircraft Rescue and Fire Fighting Vehicle Date: May 1, 2017 Authorized Bidder: Oshkosh Airport Products, LLC Signature: Je7" r , ice President & GM 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. Price is to be F.O.B. Corpus Christi International Airport, Corpus Christi, Texas with all transportation charges prepaid. 4. Bidder must provide a price for each and every bid item. 5. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. **Oshkosh Airport Products, LLC acknowledges receipt of Addendum No. 1, 2 & 3** PAGE 1 OF 2 Item Description UNIT QTY Unit Price Total Price Base Bid 01 Class 4 Aircraft Rescue Firefighting Vehicle Lump Sum 1 $782,839.00 Options - Add Alternates 02 9.1 - Computer Based Training Lump Sum 1 $54,750.00 03 9.2 - Airport Professional Services Penetration Aircraft Skin Trainer System Lump Sum 1 $13,289.00 04 9.3 - Under -truck nozzles Each 3 $681.00 $2,043.00 PAGE 2 OF 2 Item Description UNIT QTY Unit Price Total Price MIIINMINNIMIIIM RiimiliftiliiiiiiiimmilidelliMilimim WIN /1 1 08 9.4.4 - Truck Mounted hand held LED lantern Each 2 $461.00 $922.00 09 9.4.5 - Combination Hydrant and Spanner Wrench Holder set with vehicle mounted brackets including mounting Each 2 $191.00 $382.00 10 9.4.6 - Halotron Clean Agent 15.5 Ib and mounting bracket including mounting Each 1 $433.00 $433.00 11 9.4.7 - Potassium Bicarbonate Extinguisher with vehicle mounted bracket including mounting Each 1 $155.00 $155.00 12 9.4.8 - Class D Fire Extinguisher with vehicle mounted bracket Each 1 $342.00 $342.00 ATTACHMENT C: INSURANCE REQUIREMENT Insurance is not required for this Supply Agreement. Page 1 of 1 ATTACHMENT D: FEDERAL REQUIREMENTS Page 1 of 33 FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR -A1 Access to Records and Reports FR -A2 Affirmative Action Requirement FR -A3 Breach of Contract FR -A4 Buy American Preference FR -A5 Civil Rights - General FR -A6 Civil Rights - Title VI Assurance FR -A7 Clean Air and Water Pollution Control FR -A8 Contract Workhours and Safety Standards Act Requirements FR -A9 Copeland "Anti -Kickback" Act FR -A10 Davis -Bacon Requirements FR -A11 Debarment and Suspension FR-Al2 Disadvantaged Business Enterprise FR -A13 Distracted Driving FR -A14 Energy Conservation Requirements FR -A15 Equal Employment Opportunity Page 2 of 33 Section No. Title FR -A16 Federal Fair Labor Standards Act (Federal Minimum Wage) FR -A17 Lobbying and Influencing Federal Employees FR -A18 Prohibition of Segregated Facilities FR -A19 Occupational Safety and Health Act of 1970 FR -A20 Procurement of Recovered Materials FR -A21 Right to Inventions FR -A22 Seismic Safety FR -A23 Termination of Contract FR -A24 Trade Restriction Certification FR -A25 Veteran's Preference END OF TABLE OF CONTENTS Page 3 of 33 FEDERAL REQUIREMENTS: FR -A1 ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration, and the Comptroller General of the United States, or any of their duly authorized representatives, 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: 2 CFR § 200.333, 2 CFR § 200.336 & FAA Order 5100.38 Page 4 of 33 FEDERAL REQUIREMENTS: FR -A2 AFFIRMATIVE ACTION REQUIREMENT NOT APPLICABLE FOR THIS CONTRACT Page 5 of 33 FEDERAL REQUIREMENTS: FR -A3 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its 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. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) Page 6 of 33 FEDERAL REQUIREMENTS: FR -A4 BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The City will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. Reference: 49 USC § 50101 Page 7 of 33 FEDERAL REQUIREMENTS: FR -A5 CIVIL RIGHTS - GENERAL The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. Reference: 49 USC § 47123 Page 8 of 33 FEDERAL REQUIREMENTS: FR -A6 CIVIL RIGHTS - TITLE VI ASSURANCE Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR, part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: Page 9 of 33 a. Withholding of payments to the contractor under the contract until the contactor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); Page 10 of 33 • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Reference: 49 USC § 47123 and FAA Order 1400.11 Page 11 of 33 FEDERAL REQUIREMENTS: FR -A7 CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000. Reference: 2 CFR § 200, Appendix II(G) Page 12 of 33 FEDERAL REQUIREMENTS: FR -A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS NOT APPLICABLE FOR THIS CONTRACT Page 13 of 33 FEDERAL REQUIREMENTS: FR -A9 COPELAND "ANTI -KICKBACK" ACT NOT APPLICABLE FOR THIS CONTRACT Page 14 of 33 FEDERAL REQUIREMENTS: FR -A10 DAVIS - BACON REQUIREMENTS NOT APPLICABLE FOR THIS CONTRACT Page 15 of 33 FEDERAL REQUIREMENTS: FR -A11 CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the Contractor certifies that neither it nor its principals is presently debarred or suspended by any Federal department or agency from participation in this transaction. The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction," must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 Page 16 of 33 FEDERAL REQUIREMENTS: FR-Al2 DISADVANTAGED BUSINESS ENTERPRISE Contract Assurance (§26.13) - The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non - DBE subcontractors. Reference: 49 CFR part 26 Page 17 of 33 FEDERAL REQUIREMENTS: FR -A13 TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub -grant. In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. Reference: Executive Order 13513 and DOT Order 3902.10 Page 18 of 33 FEDERAL REQUIREMENTS: FR -A14 ENERGY CONSERVATION REQUIREMENTS The Contractor and subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). Reference: 2 CFR § 200, Appendix II(H) Page 19 of 33 FEDERAL REQUIREMENTS: FR -A15 EQUAL EMPLOYMENT OPPORTUNITY (E.E.O,) NOT APPLICABLE FOR THIS CONTRACT Page 20 of 33 FEDERAL REQUIREMENTS: FR -A16 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. Reference: 29 U.S.C. § 201, et seq. Page 21 of 33 FEDERAL REQUIREMENTS: FR -A17 CERTIFICATION REGARDING LOBBYING The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment, 2 CFR part 200, Appendix II(J) and 49 CFR part 20, Appendix A Page 22 of 33 FEDERAL REQUIREMENTS: FR -A18 PROHIBITION OF SEGREGATED FACILITIES NOT APPLICABLE FOR THIS CONTRACT Page 23 of 33 FEDERAL REQUIREMENTS: FR -A19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. Reference: 20 CFR part 1910 Page 24 of 33 FEDERAL REQUIREMENTS: FR -A20 PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this Contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The Contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA -designated items is available at www.epa.qov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the Contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. Reference: 2 CFR § 200.322 and 40 CFR part 247 Page 25 of 33 FEDERAL REQUIREMENTS: FR -A21 RIGHT TO INVENTIONS NOT APPLICABLE FOR THIS CONTRACT Page 26 of 33 FEDERAL REQUIREMENTS: FR -A22 SEISMIC SAFETY NOT APPLICABLE FOR THIS CONTRACT Page 27 of 33 FEDERAL REQUIREMENTS: FR -A23 TERMINATION OF CONTRACT Termination for Convenience (Construction & Equipment Contracts) The City may terminate this Contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of City. Upon receipt of a written notice of termination, except as explicitly directed by the City, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the City all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the City to protect and preserve property and work related to this Contract that City will take possession. City agrees to pay Contractor for: a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d) reasonable and substantiated expenses to the Contractor directly attributable to City's termination action. Page 28 of 33 City will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the City's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this Contract. Termination for Default (Equipment) The City may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: 1. Fails to commence the Work under the Contract within the time specified in the Notice- to Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any City approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy. If one or more of the stated events occur, the City will give notice in writing to the Contractor and Surety of its intent to terminate the Contract for cause. At the City's discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within 10 days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the City, the City has authority to acquire equipment by other procurement action. The Contractor will be liable to the City for any excess costs the City incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the City shall be at the Contract price. The City may withhold from amounts otherwise due the Contractor for such completed equipment such sum as the City determines to be necessary to protect the City against loss because of Contractor default. City will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control Page 29 of 33 and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the City, acts of another Contractor in the performance of a contract with the City, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed, the City determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the City issued the termination for the convenience the City. The rights and remedies of the City in this clause are in addition to any other rights and remedies provided by law or under this Contract. Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Page 30 of 33 FEDERAL REQUIREMENTS: FR -A24 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror — a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the City if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Page 31 of 33 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the City cancellation of the Contract or subcontract for default at no cost to the City or the FAA. Reference: 49 USC § 50104 and 49 CFR part 30 Page 32 of 33 FEDERAL REQUIREMENTS: FR -A25 VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Reference: 49 USC § 47112(c) Page 33 of 33 t3 U.S. Department of Transportation Federal Aviation Administration June 14, 2017 Mr. Fred Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 Dear Mr. Segundo: We are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-48-0051-055-2017 at Corpus Christi International Airport, Texas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • The governing body must pass a resolution and execute the grant, along with your attorney's certification, by August 1, 2017, in order for the grant to be valid. • No change may be made by you or your representative to the Grant Offer. • We ask that you return the Grant Offer marked "Original" to us by overnight mail and maintain the copy marked "Sponsor" for your records. Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will be paying close attention to your progress to ensure proper stewardship of these Federal funds. You are expected to submit payment requests for reimbursement of allowable incurred project expenses in accordance with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status which will impact future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF -270 (non -construction projects) or SF -271 or equivalent (construction projects) and SF -425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Quarterly Performance Reports due every quarter. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit, as a minimum, the following: • Sponsor Certification for Project Final Acceptance; 2 • Summary of all change orders and summary of all testing; and • Final SF -270 or SF -271 (or equivalent) and SF -425. Mr. Marcelino Sanchez is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. S. cerely, Ben Guttery Manager, Texas Ai i orts District Office r3 U.S. Department of Transportation Federal Aviation Administration ORIGINAL GRANT AGREEMENT PART I —OFFER 3-48-0051-055-2017 Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Corpus Christi, Texas June 14, 2017 Corpus Christi International Airport, Texas 3-48-0051-055-2017 782001259 (herein called the "Sponsor") FROM: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 30, 2017, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport , Texas (herein called the "Project") consisting of the following: Acquire 1500 Gallon Aircraft Rescue and Fire Fighting Vehicle With High Reach Extendable Turret (HRET) which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. 1 3-48-0051-055-2017 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $765,790.00. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $765,790.00 for airport equipment . 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Indirect Costs - Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 4. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 5. Completing the Proiect Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 1, 2017, or such subsequent date as may be prescribed in writing by the FAA. 8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 2 3-48-0051-055-2017 9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 10. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees_ 12. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 14. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 3 3-48-0051-055-2017 16. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 17. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 18. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR 5180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 19. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 20. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this grant award. The airport sponsor may not make any expenditure under this 4 3-48-0051-055-2017 award until project work addressed under this award is removed from an approved PFC application by amendment. 21. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 18, 2012, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 22. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b) 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S.C. § 4712(c). 23. Project which Contain Paving Work in Excess of $500,000. The Sponsor agrees to: A. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract; 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided; 5 3-48-0051-055-2017 3. Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077); 4. Qualifications of engineering supervision and construction inspection personnel; 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. B. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed; highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out -of -tolerance material. Submit interim test and quality assurance reports when requested by the FAA. C. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, will, absent any compelling justification; result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. D. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 6 3-48-0051-055-2017 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION,ADMINISTRATION (4, (Signature) Ben Guttery (Typed Name) Manager, Texas Airports District Office (Title of FAA Official) 7 3-48-0051-055-2017 PART 11 - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Executed this J day of ,1%..h e , Zo 17 . By: Title: is h. (Name of Sponsor) (Signature of Sponsor's Authorized Official) at -4 Vazt_Week Typed Nome of Sponsor's Authorized Official) 554s it Ain Gr.._ (Title of Sponsor's AuW6rized Official 14w CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorn for the Sponsor do hereby certify: That in my op' the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State ofn_ Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at 11\Ibdation) this I`— day of By: (Signature of '.onsor's Attorne 'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 8 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: 2017-228167 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. Oshkosh Airport Products, LLC Appleton, WI 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. 1093 Class 4 ARFF Vehicle 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if 111 terested Party. only J X e. W S '1,i f1/4 B 6 ....1,_•% ii, AFFI :9..o•—""•.T •y-9N�' [swear, or affirm, under penalty of perjury, that th- =.ova disclosure is true and correct. eb. 111 = : NO TA y .. — =,„1 .. u'9's,pV BL1G,�? / 1- �j •''•..�»•••..•''.a �� S•.n. - f a,thoriz nt of contracting business entity CP ZrOp AFFIX NOTARYij1glil• s AL ABOVE , P(� 1eA,i this the �ID ' day of 3Uile. , Sworn to and subscribed before me, by the said Jei'i Cwli'\1jc .1( 20 11 , to certify which, witness my hand and seal of office. i.. 1 1 ,, -e _?L h rS. tur: o :' icer 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 First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: FROM: July 5, 2017 Margie C. Rose, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $274,267 from the Federal Aviation Administration Grant to the Airport Capital Improvement Fund to extend Taxiway "K" (Kilo) Construction for the support of United Coast Guard operations; at Corpus Christi International Airport. CAPTION: Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48- 0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 50 in the amount of $25,634,078 to the City of Corpus Christi to fund Runway 13/31; 1,000 ft. Extension Displacement and Associated Taxiways and Runway 17/35 NAVAIDS' Site Work and Install Gate 10B; and is now offering Amendment 5 for a total amount of $274,267 for Taxiway Kilo. BACKGROUND AND FINDINGS: This is a joint FAA/City project with a respective 90/10 percent construction cost sharing. This project provides construction to install approximately 7,150 SY of new pavement in order to expand and extend Taxiway Kilo at CCIA with associated drainage, electrical, lighting and signage improvements. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $274,267 amendment to Grant 50. Taxiway Kilo will support the United States Coast Guard Facility and any future development in this area of CCIA. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget 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 $25,634,078 $0 0 $25,634,078 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $274,267 0 $274,267 BALANCE $25,634,078 $274,267 0 $25,908,345 Fund: 3020 Airport CIP Fund Grant RECOMMENDATION: Staff recommends approval of the Ordinance as submitted LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48-0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Funds in the amount of $274,267 from the Federal Aviation Administration for grant Amendment No. 5, Grant No. 3-48-0051-050-2013, are appropriated in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square feet of new pavement to expand and extend Taxiway Kilo at Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund SECTION 2. The FY2016-2017 Capital Budget adopted by Ordinance No. 030936 is amended by increasing revenues and expenditures by $274,267 each. 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 to its final 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 PASSED AND APPROVED this the day of , 2017 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor U.S. Department of Transportation Federal Aviation Administration June 20, 2017 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of February 21, 2017 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-050-2013 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that .. if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on September 4, 2013 is hereby amended by this Amendment No. 5 by increasing the amount set forth on Page 2 of the Grant Agreement from $25,634,078.00 to $25,908,345.00. This increase in the maximum obligation is to provide for allowable 3.02 % cost overrun of $274,267.00. If you have any questions or if we can be of additional service, please contact us. Sincerely, 56%-i-ei-e-cee-E-- en Guttery, Manager Texas Airports District Office AGENDA MEMORANDUM First Reading for the City Council Meeting of July 25, 2017 Second Reading for the City Council Meeting of August 8, 2017 DATE: July 5, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 FROM: Andres Leal, Jr., P.E., Director, Street Operations andyl@cctexas.com (361) 826-1957 ORDINANCE AMENDMENT 24 -Hour Commercial Loading Zones CAPTION: Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. PURPOSE: This ordinance amendment will allow vehicles with a commercial license plate to park in yellow zones, only if they are actively loading or unloading freight. BACKGROUND AND FINDINGS: The current Corpus Christi Code of Ordinances, Sec. 53-163. - Standing or parking in commercial loading zones; restrictions allows commercial vehicles to load, unload, deliver or pickup freight or parcel materials, to park in commercial loading zones for a period not to exceed thirty (30) minutes between the hours of 8:00 a.m. and 6:00 p. m. (except on Sundays). The management of American Bank Center (ABC) requested a designation for a 24-hour commercial loading zone on the west side of Shoreline Drive. Because of the frequent events at ABC, they need commercial vehicles to park during all hours for freight and parcel materials pickup and delivery. Police, Street Operations (Traffic Engineering) and Legal concur with the necessity of 24-hour commercial loading zones at appropriate locations on City streets. The City Transportation Advisory Commission recommended approval for 24-hour commercial loading zones at their May 22, 2017 meeting ALTERNATIVES: Denial of the 24-hour commercial loading zones. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Police, Street Operations (Traffic Engineering), 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 Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Ordinance Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 53-163 of the Corpus Christ Code of Ordinances is revised to add subsection (6) to read as follows: (6) The city manager or such officers or employees of the city designated by the city manager may designate 24-hour commercial loading zone locations by the placement of specifically worded signing "24 HOUR COMMERCIAL LOADING ZONE". A 24-hour commercial loading zone shall be restricted as follows: a. Loading, unloading, delivery or picking up of freight or parcel materials shall be restricted to "commercial -licensed" (i.e., truck licensed) vehicles only. No passenger -licensed vehicles or any other vehicle otherwise licensed may use such specially signed 24-hour commercial loading zones. SECTION 2. This ordinance takes effect after official publication. SECTION 3. Penalties are as provided in Section 1-6 of the Code of Ordinances. 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. Page 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: Mayor 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: Mayor 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 2 a SHIP CHANNEL CORPUS CHRISTI LEOPARD z zz AMERICAN BANK CENTER PROPOSED 24-HOUR COMMERCIAL LOADING ZONE FRONTAGE ALONG THE BUILDING SCALE: N.T.S. AERIAL FLOWN 2014 CORPUS CHRISTI BAY 9 TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI N NAVAL AIR STATION FLOUR BLUFF LAGUNA MADRE AMERICAN BANK CENTER PROPOSED 24-HOUR COMMERCIAL LOADING ZONE LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS BREWSTER ST. 1 imermrogrp �' *%* 1 r # I %,11 * I.' Se wt HUGHES ST. AMERICAN BANK CENTER PROPOSED 24-HOUR COMMERCIAL LOADING ZONE FRONTAGE ALONG THE BUILDING AMERICAN BANK CENTER FITZGERALD ST. LEGEND .8Q EXISTING TRAFFIC DIRECTION 1//,,,,,a PROPOSED LOADING ZONE AMERICAN BANK CENTER PROPOSED I CITY COUNCIL EXHIBIT 24-HOUR COMMERCIAL LOADING ZONE VICINITY MAP CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering 24 -Hour Commercial Loading Zone Council Presentation July 25, 2017 Location Map 0 �hrsti Engineering AMERICAN BANK CENTER PROPOSED 24-1-1OUR COMMERCIAL LOADING ZONE FRCHIAGE MHC 1}E BIIIDHC CORPUS CHRISTI BAY N SC.V.E: N.T.S. 2 Vicinity Map 4000 Corpus Chr sti Engineering • HIRSCH ST ; -it t No- ft AMERICAN BANK CENTER PROPOSED 24-FIDUR COMMERCIAL LOADING ZONE FRONTAGE ALONG ME BUILDING AMERICAN BANK CENTER HI.,GHES ST 1Z ttt „ RESACA ST ••-- LEGEND #t EXISTING TRAFFIC DIRECTION itzLi PROPOSED LOADING ZONE 3 Recommendations Corpus Chr sti Engineering • Amend the Code of Ordinances, Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" to allow 24- hour commercial loading zones. Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM First Reading for the City Council Meeting of July 25, 2017 Second Reading for the City Council Meeting of August 8, 2017 DATE: TO: Margie C. Rose, City Manager July 19, 2017 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Award Residential Street Rebuild Program (RSRP) Test Project Ralston Avenue — Staples Street to Alameda Street CAPTION: Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of $1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas for the Ralston Avenue - Staples Street to Alameda Street Project in the amount of $1,453,476.33 as part of the RSRP test projects program with construction using HMAC (Hot Mix Asphalt Concrete). BACKGROUND AND FINDINGS: In August 2016, City Council approved moving forward with test projects for the Residential Street Rebuild Program (RSRP). The test projects were to be funded through monies dedicated to residential street reconstruction (as per the Budget Financial Policy) in Fund 1042 Residential / Local Streets fund. On November 8, 2016 residents approved the Residential Rebuild Project in the amount of $11 Million. In December 2016, Council approved the appropriation of $ 2.5 Million from the Fund 1042 fund balance and an amendment of the 2017 Budget to cover part of the estimated $ 3.8 Million test project costs. At that time, Council was informed that an additional budget amendment would be brought with the construction contracts to cover the remaining balance of the project costs using FY2017 revenues. The attached Ordinance amends the FY2017 Operational Budget by an additional $1 Million for remaining test project costs. This amendment recognizes Fund 1042 revenues already received in FY2017. The design contract for Ralston Avenue from Staples Street to Alameda Street was awarded in December 2016 to Urban Engineering. Project Scope: The scope includes full depth reconstruction of the street pavement, new curb & gutter with new tied sidewalks on both sides, new ADA ramps, tree removal for trees within 3ft of new sidewalks and other miscellaneous improvements. The project includes minor extensions of the existing underground storm water pipelines and new curb inlets to improve drainage. The project also improves the roadway profile (slope) to achieve positive drainage. The profile improvements and new curb & gutter require driveway adjustments. The test project was developed to analyze the above improvements and collect more information to refine the design and construction approach for rehab/reconstruction of local streets to include the following: • Pavement material selection and alternatives and pricing for Portland Cement Concrete (PCC) or Hot -Mix -Asphalt -Concrete (HMAC). The design engineer and staff also considered and will continue to research alternatives including new pavement technologies and materials that allow more cost-effective rehab options in lieu of full replacement. • Extent of replacement and pricing for concrete sidewalks, driveways, curb & gutter and ADA ramps. The design team worked to minimize the impacts and improvements for these structures while ensuring the proposed improvements achieve a sustainable and cost effective street design. Typical improvements will be 5ft tied sidewalks on only one side unless there are existing sidewalks on both sides. • Drainage and underground utility improvements. Each design will ensure positive drainage that prevents nuisance flooding and premature failure of the roadway and other structures. The intent is to find cost effective solutions without major underground infrastructure investments, and recommend deferral of streets with heavy utility corridors and drainage problems. • Evaluation and recommendations with other surface improvements such as trees that undermine the roadway, sidewalks and curb & gutter, landscaping, fencing, irrigation and other miscellaneous items encountered is residential communities. On June 28, 2017, the City received proposals from five (5) bidders and the respective bids were as follows: CONTRACTOR BASE BID Base Bid A (Concrete) Base Bid B (Asphalt) J.E. Construction Services Corpus Christi, Texas $ 1,583,086.92 $ 1,453,476.33 Hass & Anderson Construction Corpus Christi, Texas No Bid $ 1,578,137.00 Berry Contracting dba Bay, Ltd Corpus Christi, Texas $ 1,978,744.80 $ 1,599,244.05 J. Carroll Weaver Sinton, Texas (NON-RESPONSIVE) No Bid $ 1,750,679.89 CPC Interest dba Clark Pipeline Corpus Christi, Texas No Bid $ 1,824,286.49 Engineer's Opinion of Probable Construction Cost (Base Bid) $ 2,140,000.00 $ 1,750,000.00 * Reflects corrected Mobilization Unit pricing to the maximum of 5% as required in the bid documents. J. Carroll Weaver failed to submit a bid bond for the Ralston Avenue project and was determined by City Legal to be Non -Responsive. Additionally, bid irregularities were noted with the construction mobilization unit prices from J.E. Construction and J. Carroll Weaver. The bid documents restrict mobilization to a maximum amount up to 5%. The actual bid price for these two bidders was computed using the mobilization unit price of 5% pursuant to and as required by the bid documents. This resulted in a $40K reduction of the mobilization unit price and total bid from the low bidder, J.E. Construction Services. J.E. Construction Services was notified and acknowledged the requirement. Staff recommends waiving of the irregularities in accordance with the bid documents, specifically the Invitation for Bidders that expressly states the City may accept or reject any or all bids and waive any irregularities that are determined to be in the best interest of the City. The Ralston Drive project was bid with Hot -Mix -Asphalt -Concrete (HMAC) and Portland Cement Concrete (PCC) pavement options. The final pavement recommendation of HMAC or PCC pavement is made based on the method described in an informal report to City Council dated June 2, 2017. Projects that are bid with PCC and HMAC alternates, Engineering will recommend the PCC alternate when the construction cost differential is less than $100K per lane mile. The lowest PCC pavement bid was $129,610.59 higher than HMAC which equates to $125,227.62 per lane mile, and exceeds the $100,000 per lane mile differential. ALTERNATIVES: 1. Approve the Ordinance and Authorize the execution of the construction contract as presented (Recommended) 2. Approve the Ordinance and Authorize the execution of the construction contract as using the PCC material (Not Recommended) 3. Do not approve the Ordinance and 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: Street Department FINANCIAL IMPACT: ® Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 3,219,544.00 3,219,544.00 Encumbered / Expended Amount 115,670.00 115,670.00 Ralston — This Item 1,453,476.33 1,453,476.33 Future Anticipated Expenditures This Project 360,174.67 360,174.67 BALANCE 1,290,223.00 1,290,223.00 Fund(s): Operating Comments: This project requires approximately 180 calendar days for construction with anticipated completion in February 2018. The construction contract will result in the expenditure of an amount not to exceed $1,453,476.33. RECOMMENDATION: City staff and the design engineer recommend waiving the mobilization bid price irregularity and to award the contract to the lowest bidder, J.E. Construction Services, in the amount of $1,453,476.33 for the HMAC pavement option. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation RSRP Test Project Streets Presentation Ralston Form 1295 Letter of Recommendation CCAR — Bidding Asphalt vs. Concrete Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of $1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. WHEREAS, the City publicly opened bids for Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC ("Project") on June 28, 2017; WHEREAS, the Section 01 29 01 of the Bid Documents specified the mobilization bid price could not exceed 5% of the total Contract Price; WHEREAS, the mobilization bid price submitted by J.E. Construction Services exceeded 5% of the total bid price; WHEREAS, the 5% mobilization specified in the Bid Documents takes precedence over the amount submitted by the contractor and will be used when determining the lowest responsible bidder and awarding the contract; WHEREAS, J.E. Construction Services is the lowest responsive, responsible bidder. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. SECTION 2. The FY 2017 Operational Budget adopted by Ordinance No. 030965 is amended to increase the expenditure budget in Fund 1042 - Residential / Local Streets, Org - 12440 Residential Street Reconstruction in the amount of $1,000,000. SECTION 3. The City Manager or designee is authorized to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. 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 City Secretary Joe McComb Mayor PROJECT BUDGET ESTIMATE Residential Street Reconstruction Program Ralston Avenue (Staples Street to Alameda Road) - E16271 PROJECT FUNDS AVAILABLE: Residential/Local Street Fund (1042) FY 2016-2017 4,290,000 Less Rogerson Drive (E16270) Project Budget (1,070,456) TOTAL 3,219,544 FUNDS REQUIRED: Construction (THIS ITEM): 1,453,476 Streets 1,032,267 Utilities 421,209 Storm Water 329,405 Water 91,804 Contingency (10%) 145,348 Testing and Inspection. 102,277 Construction Inspection (Estimate) 68,250 Geotechnical Testing 6,250 Construction Materials Testing (Estimate) 27,777 Design Fee and Geo -Technical Fees. 109,420 Preliminary Design (Urban Engineering) 21,000 Engineering Design (Urban Engineering) 88,420 Reimbursements. 118,801 Contract Administration (Engineering/Finance/Capital Budget) 52,650 Engineering Services (Project Mgt/Constr Mgt) 65,813 Misc. (Printing, Advertising, etc.) 338 TOTAL 1,929,321 ESTIMATED PROJECT BUDGET BALANCE 1,290,223 Portland Surs:at Lakya Park 541 Texas Siale Aquarium pus Christi ratio alf part 44A 1E1 A Sl 221 1 E �lh f Corpus ChristF PROJECT LOCATION 431 20A 7434 Ward fsiarid LOCATION MAP NOT TO SCALE Spio 0 NAS Corpus Christi Project Number: E16271 Ralston Avenue Improvements Staples St to Alameda St CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES e.ea••••.i R. 4. Residential Street Rebuild Program (RSRP) Test Projects - Ralston Avenue & Rogerson Drive Council Presentation July 25, 2017 Background ➢ Aug 2016 —Approved Resolution to Perform Test Projects ➢ Dec 2016 — Awarded Design Contracts ✓ Appropriated $ 2.5M - Fund 1042 (Residential Reconstruction) Fund Balance ✓ Ralston Avenue — Urban Engineering ($88,420) ✓ Rogerson Drive — Freese & Nichols, Inc. ($97,764) ✓ Motion of Direction - Bid Projects Both Concrete & Asphalt ➢ Mar 2017 — Bid Projects ➢ Jun 2017 — Held Public Meetings ✓ Rogerson — 12 Attendees ✓ Ralston — 33 Attendees Project Locations 'co fi /7k6,b 41c4. Ike ,Q ci/e p oo Project Locations Ralston Ave Project #: E16271 Rogerson Dr Project #: E16270 Work Products ➢ Up-to-date costs for residential street reconstruction ✓ Previously using 2008 costs ($125/sY) ✓ Current bid costs o HMAC -$ 119/SY o Concrete - $ 136 / SY ➢ Design & execution protocols for residential streets ✓ Design considerations o Tied sidewalks ✓ Construction execution o Tree removal o Block by block sequencing o Parking ✓ New or revised communications tools o Door hanger notifications o New Project signs o Web page Highlighted Points ➢ New Vendor participation ➢ More Bid Proposals ✓ Ralston o Concrete — 2 Bids o HMAC-5 Bids ✓ Rogerson o Concrete — 3 Bids o HMAC-6 Bids ➢ Bids came in below estimates ✓ Original Project estimate - $3.8 M ✓ Current Project estimate - $3.0 M Program Communications Branding ➢ In residential neighborhoods ➢ Set at Project limits ➢ Present during construction 6 Timelines 411 2016 c'-0 . _fm o z 0 u_ 2017 c,_ (1' = < " 0 < CO 0 z 0 . _a u_ 2018 c,_ (1' = 0 < —< cr) TEST PROJECT Prelim Dsg Design Bic Construction R IBUILD PROGRAM I 1 RFQ - Design Firms 1AE Award' Bid 1 1 TODAY Corpus Chr sti Engineering 7 cQi) Corpus Chr sti Engineering Ralston Avenue Staples Street to Alameda Street Residential Street Rebuild Program Test Projects Council Presentation July 25, 2017 Project Location Corpus Chsti Engineering Corpus Christi irRALSTON AVENUE • 7-0_ ce6). cf) ,-- 2 Project Vicinity �hrsti Engineering 3 Project Scope Corpus Chr°sti Engineering ➢ Ralston Avenue: ✓ Full -depth reconstruction of the street o Hot -Mix -Asphalt -Concrete (HMAC) pavement ✓ 5 -foot tied sidewalks on both sides ✓ ADA- compliant ramps ✓ Replacement of concrete driveway aprons ✓ New curb & gutter - full length on both sides ✓ Utilities improvements — o New inlets & minor storm water adjustments o new fire hydrants and o minor water adjustments Project Schedule Corpus Chr°sti Engineering 2017 2018 June July August Bid / Award September October November December January February Construction Construction Estimate: 180 working days Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lcif 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: 2017-233333 Date Filed: 07/07/2017 Date Acknowledged: ,1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JE Construction Services Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16271 Ralston Avenue Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary I 5 Check only if there is NO Interested Party. 6 AFFIDAVIT 1 ,�4iT iU KAREN JUST !rbN , Notary Public. Slone of Texas ;; res MyCammimmisstonExpires en;\iap October 30. 2016 � AFFIX NOTARY STAMP / SEAL ABOVE Sworn t d subscribed before me, by the saidGKA-''.. I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contr-'mess entity �r�1? , this the day o 20, to c- '' : hich, witness my hand and seal of office. —C --4--041J/— i -: nis goath Pr Signature of oflru ed na e of o icer administering oath a of officer admin stering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 1,1 1� RBAN ENGINEERING July 3, 2017 J. H. Edmonds, P. E. City of Corpus Christi P 0 Box 9277 Corpus Christi, Texas 78469 Subject: RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDA City Project No.: E16271 Dear Jeff: Job No. 43125.00.00 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Urban Engineering has received a copy of, and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required in the Statement of Experience submitted by the three low bidders. We have found the bid packages and experience records of all three low bidders to be satisfactory. Attached please find a Bid Tabulation and copies of the Statement of Experience for each of three low bidders. The proposal included bid alternatives. Total Base Bid A — Concrete and Total Base Bid B —Asphalt. The base bid proposals were the same with exception of street pavement section. Based upon staff criteria for lane -mile cost Base Bid B- Asphalt is the more effective alternative. All three Base Bid B — Asphalt bids are lower than the Base Bid A — Concrete alternative with the low Base Bid B — Asphalt being 8.9% lower than the low Base Bid A — Concrete bid. It is the recommendation of Urban Engineering that Base Bid B —Asphalt be awarded to JE Construction Services for a contract total of $1,453,476.33. The original budget for construction cost was $2,065,349.00. MFH/ek Enclosure xc: JE Construction Services (361)854-3101 Sincerely, URBAN ENGINEERING Murray F. Hudson, P. E. 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 INFORMAL STAFF REPORT MEMORANDUM To: Thru: Margie C. Rose, City Manager ilk Mark Van Vleck, P.E., Assistant City Manage J�` Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services -- Date: June 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — April 25, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the April 25, 2017 Councilmember Guajardo requested analysis on how to evaluate bids when projects are designed with both PCC and HMAC. BACKGROUND & FINDINGS: As per the attached memorandum, several of the Bond 2012 and Bond 2014 projects are being designed with both HMAC and PCC pavements. When projects are designed both ways, a 30 -year design life is assumed, and the required pavement section is determined based on the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. Recommendations to City Council have historically been based on the lowest priced construction bid, The one exception is the Kostorytz Road project (2012 Prop 1). In the case of Kostoryz, the cost differential to award the concrete alternative was bid price For concrete was $35,489.85 or less than 0.5% of total project cost. That was an easy recommendation but does raise the question of how award recommendations will be made when the decision is a closer call. Life -Cycle Cost Analysis (LCCA): There is abundant literature on how to conduct LCCA relative to infrastructure investment alternatives. LCCA is a tool to help agencies make economically sound decisions when project alternatives have varying cost patterns over the asset's service life. LCCA seeks to incorporate a total cost approach that considers all relevant costs, rather than just up front cost, when evaluating alternatives. These analyses can become quite complex and involve hundreds of inputs. LCCA for HMAC versus PCC pavements: The Federal Highway Administration (FHWA) began promoting pavement LCCA in the 1990's, A great deal of research has been published on the application of LCCA to the question of HMAC versus PCC pavements. Various Departments of Transportation have developed LCCA policies and some have developed software to help with LCCA. Typically a large number of assumptions are required such as timing of future activities, costs of future maintenance, a discount rate for future cash flows, user impacts from future construction, etc. These analyses can become burdensome and may increase confusion. Potential Budget Impacts: While LCCA is useful to help agencies select alternatives with an overall lower cost, it does not address the budget impacts of doing so. It is assumed that PCC offers maintenance savings over HMAC pavements and that those savings support a decision to pay a certain premium for PCC pavement. The question still exists, though, of how to budget for that additional up front cost. The savings result from future maintenance cost reductions. Those savings are not currently available to fund a higher cost bid award. Current Bond programs do not have an allowance set aside for additional construction costs even if they are justified by LCCA. This issue will need to be addressed for future Bond programs. It may require increasing project budgets to allow for a certain percentage of projects to be awarded to the higher bid price alternative. RECOMMENDATION: Engineering Services has performed some preliminary LCCA comparing the maintenance cost differential between PCC and HMAC. The LCCA confirms that PCC provides maintenance cost savings over HMAC. The maintenance cost savings justify paying a higher construction cost for a PCC roadway. The maintenance cost savings with PCC are estimated at $100,000 per lane -mile ($14.20/square yard). Where projects are designed and bid with HMAC and PCC, Engineering Services will consider those maintenance cost savings when making the bid award recommendation. If the PCC pavement bid alternate is within $100,000 per lane -mile of the HMAC bids, Engineering will recommend the PCC alternative. For illustration purposes, the recent Yorktown Boulevard project included approximately 6 lane - miles of total pavement surface when tum lanes, intersections and bike lanes are included. In that case, Engineering Services would have recommended paying up to an additional $600,000 for the PCC bid alternate. Since the bid price difference between PCC and HMAC was $1.7 million, Engineering recommended the HMAC altemate. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: TO: Margie C. Rose, City Manager July 19, 2017 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Residential Street Rebuild Program (RSRP) Test Project Rogerson Drive — McArdle Road to Sunnybrook Road CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $699,807.62 for the Rogerson Drive Project - McArdle Road to Sunnybrook Road for Base Bid 2 — Portland Cement Concrete (PCC) as part of the Residential Street Rebuild Program (RSRP) test projects. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas for Rogerson Drive - McArdle Road to Sunnybrook Road in the amount of $699,807.62 as part of the RSRP test projects program using Portland Cement Concrete (PCC). BACKGROUND AND FINDINGS: On November 8, 2016 city -voters approved the RSRP in the amount of $11 M. On December 13, 2016, the City Council approved two contracts for engineering design services for the design of Residential Reconstruction "Test" Projects. The design contract for Rogerson Drive from McArdle Road to Sunnybrook Road was awarded to Freese and Nichols, Inc. Project Scope: The scope includes full depth reconstruction of the street pavement, new curb & gutter with new tied sidewalks on both sides, new ADA ramps, tree removal for trees within 3ft of new sidewalks and other miscellaneous improvements. The project includes minor extensions of the existing underground storm water pipelines and new curb inlets to improve drainage. The project also improves the roadway profile (slope) to achieve positive drainage. The profile improvements and new curb & gutter require driveway adjustments. The underground storm water improvements require relocation of an existing AT&T duct bank, that will be moved by AT&T. The test project was developed to analyze the above improvements and collect more information to refine the design and construction approach for rehab/reconstruction of local streets to include the following: • Pavement material selection and alternatives and pricing for Portland Cement Concrete (PCC) or Hot -Mix -Asphalt -Concrete (HMAC). The design engineer and staff also considered and will continue to research alternatives including new pavement technologies and materials that allow more cost-effective rehab options in lieu of full replacement. • Extent of replacement and pricing for concrete sidewalks, driveways, curb & gutter and ADA ramps. The design team worked to minimize the impacts and improvements for these structures while ensuring the proposed improvements achieve a sustainable and cost effective street design. Typical improvements will be 5ft tied sidewalks on only one side unless there are existing sidewalks on both sides. • Drainage and underground utility improvements. Each design will ensure positive drainage that prevents nuisance flooding and premature failure of the roadway and other structures. The intent is to find cost effective solutions without major underground infrastructure investments, and recommend deferral of streets with heavy utility corridors and drainage problems. • Evaluation and recommendations with other surface improvements such as trees that undermine the roadway, sidewalks and curb & gutter, landscaping, fencing, irrigation and other miscellaneous items encountered is residential communities. On June 21, 2017, the City received proposals from six (6) bidders and the respective bids were as follows: CONTRACTOR BASE BID Base Bid 1 (Asphalt) Base Bid 2 (Concrete) J.E. Construction Services * Corpus Christi, Texas $ 673,567.23 $ 699,807.62 J. Carroll Weaver Sinton, Texas $ 677,612.17 $ 858,567.01 Grace Paving & Construction Corpus Christi, Texas $ 724,933.32 No Bid MAX Underground Construction Corpus Christi, Texas $ 727,381.25 No Bid Berry Contracting dba Bay, Ltd Corpus Christi, Texas $ 951,298.60 $ 1,277,329.10 CPC Interest dba Clark Pipeline Corpus Christi, Texas $ 953,732.75 No Bid Engineer's Opinion of Probable Construction Cost (Base Bid) $ 735,000.00 $ 889,000.00 * Reflects corrected Mobilization Unit pricing to the maximum of 5% as required in the bid documents. J. Carroll Weaver failed to submit a bid bond for the Rogerson Drive project and was determined by City Legal to be Non -Responsive. Additionally, bid irregularities were noted with the construction mobilization unit prices from J.E. Construction and J. Carroll Weaver. The bid documents restrict mobilization to a maximum amount up to 5%. The actual bid price for these two bidders was computed using the mobilization unit price of 5% pursuant to and as required by the bid documents. This resulted in a $40K reduction of the mobilization unit price and total bid from the low bidder, J.E. Construction Services. J.E. Construction Services was notified and acknowledged the requirement. Staff recommends waiving of the irregularities in accordance with the bid documents, specifically the Invitation for Bidders that expressly states the City may accept or reject any or all bids and waive any irregularities that are determined to be in the best interest of the City. The Rogerson Drive project was bid with Hot -Mix -Asphalt -Concrete (HMAC) and Portland Cement Concrete (PCC) pavement options. The final pavement recommendation of HMAC or PCC pavement is made based on the method described in an informal report to City Council dated June 2, 2017. Projects that are bid with PCC and HMAC alternates, Engineering will recommend the PCC alternate when the construction cost differential is less than $100K per lane mile. The lowest PCC pavement bid was $26,240.39 higher than HMAC which equates to $55,747.59 per lane mile, and is within the $100,000 per lane mile differential. ALTERNATIVES: 1. Authorize the execution of the construction contract as presented (Recommended) 2. Authorize the execution of the construction contract as using the HMAC material (Not Recommended) 3. 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: Street Department FINANCIAL IMPACT: Operatin ❑ Revenue Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 4,290,000.00 4,290,000.00 Encumbered / Expended Amount 141,331.00 141,331.00 Rogerson — This Item 699,807.62 699,807.62 Future Anticipated Expenditures This Project 229,317.38 229,317.38 BALANCE 3,219,544.00 3,219,544.00 Fund(s): Operating and Utilities Comments: This project requires approximately 120 calendar days for construction with anticipated completion in December 2017. The construction contract will result in the expenditure of an amount not to exceed $699,807.62. RECOMMENDATION: City staff and the design engineer recommend waiving the mobilization bid price irregularity and to award the contract to the lowest bidder, J.E. Construction Services, in the amount of $699,807.62 for the PCC pavement option. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation CCAR — Bidding Asphalt vs. Concrete PROJECT BUDGET ESTIMATE Residential Street Reconstruction Program Rogerson Drive (McArdle Road to Sunnybrook Road) - E16270 PROJECT FUNDS AVAILABLE: Residential/Local Street Fund (1042) FY 2016-2017 4,290,000 TOTAL 4,290,000 FUNDS REQUIRED: Construction (THIS ITEM): 699,808 Streets 615,186 Utilities 84,622 Storm Water 84,622 Contingency (10%) 69,981 AT&T Utility Relocations (Estimate) 20,000 Testing and Inspection 88,387 Construction Inspection (Estimate) 68,250 Geotechnical Testing 6,250 Construction Materials Testing (Estimate) 13,887 Design Fee and Geo -Technical Fees 135,081 Preliminary Design (Freese Nichols) 37,317 Engineering Design (Freese Nichols) 97,764 Reimbursements 57,199 Contract Administration (Engineering/Finance/Capital Budget) 25,350 Engineering Services (Project Mgt/Constr Mgt) 31,687 Misc. (Printing, Advertising, etc.) 162 TOTAL 1,070,456 ESTIMATED PROJECT BUDGET BALANCE 3,219,544 * *Funds will be used to cover Ralston Avenue Test Project. Ro sti R Texas State Aquarium Q I H-37Corpus Christi I • PROJECT LOCATION z. co Ci�, /yo, �o LOCATION MAP NOT TO SCALE Project Number: E16270 Rogerson Drive McArdle Rd to Sunnybrook Rd CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES cQi) Corpus Chr sti Engineering Rogerson Drive McArdle Road to Sunnybrook Road Residential Street Rebuild Program Test Proj ects Council Presentation July 25, 2017 Project Location Corpus Chrsti Engineering W-37 PS 4:hris?i ROGERSON DRIVE Project Vicinity �hrsti Engineering Project Scope Corpus Chr°sti Engineering ➢ Rogerson Drive: ✓ Full -depth reconstruction of the street o Portland Cement Concrete (PCC) pavement ✓ 5 -foot tied sidewalks on both sides ✓ ADA- compliant ramps ✓ Replacement of concrete driveway aprons ✓ New curb & gutter - full length on both sides ✓ Utilities improvements — o New inlets o Minor storm water adjustments Project Schedule Corpus Chr°sti Engineering 2017 June July August Bid / Award September October November December M. Construction 1.111= Construction Estimate: 120 days CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft 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: ;201.7-233325 Date Filed: 07/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JE Construction Services 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. E16270 Rogerson Drive McArdle Rd. To Sunnybrook Rd. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Check if is NO Interested Party. 5 only there X 6 AFFIDAVIT ;77'T0 KAREN JUST tq4 4.4.4:'.. ` � Notary Public. Srate of lexas i ° My Commission Exptres •1.;;;14� ''r October 30 2019 AFFIX NOTARY STAMP /SEAL ABOVE Sworn to and subscribed before me, by the said gr� I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contra- ' . , . • • miry 1-4e..–+L(-7/es the day of OPCI'CY 20 17 , to certify which, witness my hand and seal of office. a i r Signature of o cer :. oath Prin -d name of officer administenng oath Title of officer administering oath Forms orovided b+ exas Ethics Commission www.ethics,state.tx.us Version V1.0.8& FREESE ¢NICHOLS 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 July 6, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: Rogerson Drive — McArdle Road to Sunnybrook Road City Project No. E16270 Mr. Edmonds: Innovative approaches Practical results Outstanding service www.freese.com The City of Corpus Christi received six (6) sealed bid proposals for the above referenced project on June 21, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included base bids for both Hot Mix Asphalt Concrete (HMAC) pavement (Base Bid 1) and concrete pavement (Base Bid 2). There are no additive alternates included in the project. Attached are the bid tabulations of the six (6) bid proposals. We have received and reviewed the Statement of Experience of the three (3) lowest bidders and have found them to be satisfactory. The bid breakdown for the six bidders is shown on the attached Tabulation of Bids, and the Base Bids 1 and 2 are summarized below: Bidder Base Bid 1— HMAC Base Bid 2 - Concrete J.E. Construction Services $673,567.23 $699,807.62 J. Carroll Weaver $677,612.17 $858,567.01 Grace Paving and Construction $724,933.32 NO BID MAX Underground Construction $727,381.25 NO BID Bay, Ltd. $951,298.60 $1,277,329.10 Clark Pipeline Services $953,732.75 NO BID J.E. Construction Services is the apparent low bidder for this project based on Total Base Bid for both Base Bid 1— HMAC and Base Bid 2 — Concrete. Both base bid amounts are within the City's construction budget. Based on the City's evaluation criteria for lane -mile cost, Base Bid 2 (Concrete) would be considered the more cost-effective alternative. The total base bid amount for concrete pavement is 3.8% higher than the total base bid amount for asphalt (HMAC) pavement. July 6, 2017 Page 2 of 2 Therefore, FNI recommends that the City award the construction contract for Rogerson Drive — McArdle Road to Sunnybrook Road (City Project No. E16270) to J.E. Construction Services of Corpus Christi, Texas for Base Bid 2 (Concrete) in the amount of $699,807.62. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Nick Cecava, P.E., CFM Attachments: Tabulation of Bids — Base Bid 1— HMAC Tabulation of Bids — Base Bid 2 — Concrete INFORMAL STAFF REPORT MEMORANDUM To: Thru: Margie C. Rose, City Manager ilk Mark Van Vleck, P.E., Assistant City Manage J�` Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services -- Date: June 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — April 25, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the April 25, 2017 Councilmember Guajardo requested analysis on how to evaluate bids when projects are designed with both PCC and HMAC. BACKGROUND & FINDINGS: As per the attached memorandum, several of the Bond 2012 and Bond 2014 projects are being designed with both HMAC and PCC pavements. When projects are designed both ways, a 30 -year design life is assumed, and the required pavement section is determined based on the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. Recommendations to City Council have historically been based on the lowest priced construction bid, The one exception is the Kostorytz Road project (2012 Prop 1). In the case of Kostoryz, the cost differential to award the concrete alternative was bid price For concrete was $35,489.85 or less than 0.5% of total project cost. That was an easy recommendation but does raise the question of how award recommendations will be made when the decision is a closer call. Life -Cycle Cost Analysis (LCCA): There is abundant literature on how to conduct LCCA relative to infrastructure investment alternatives. LCCA is a tool to help agencies make economically sound decisions when project alternatives have varying cost patterns over the asset's service life. LCCA seeks to incorporate a total cost approach that considers all relevant costs, rather than just up front cost, when evaluating alternatives. These analyses can become quite complex and involve hundreds of inputs. LCCA for HMAC versus PCC pavements: The Federal Highway Administration (FHWA) began promoting pavement LCCA in the 1990's, A great deal of research has been published on the application of LCCA to the question of HMAC versus PCC pavements. Various Departments of Transportation have developed LCCA policies and some have developed software to help with LCCA. Typically a large number of assumptions are required such as timing of future activities, costs of future maintenance, a discount rate for future cash flows, user impacts from future construction, etc. These analyses can become burdensome and may increase confusion. Potential Budget Impacts: While LCCA is useful to help agencies select alternatives with an overall lower cost, it does not address the budget impacts of doing so. It is assumed that PCC offers maintenance savings over HMAC pavements and that those savings support a decision to pay a certain premium for PCC pavement. The question still exists, though, of how to budget for that additional up front cost. The savings result from future maintenance cost reductions. Those savings are not currently available to fund a higher cost bid award. Current Bond programs do not have an allowance set aside for additional construction costs even if they are justified by LCCA. This issue will need to be addressed for future Bond programs. It may require increasing project budgets to allow for a certain percentage of projects to be awarded to the higher bid price alternative. RECOMMENDATION: Engineering Services has performed some preliminary LCCA comparing the maintenance cost differential between PCC and HMAC. The LCCA confirms that PCC provides maintenance cost savings over HMAC. The maintenance cost savings justify paying a higher construction cost for a PCC roadway. The maintenance cost savings with PCC are estimated at $100,000 per lane -mile ($14.20/square yard). Where projects are designed and bid with HMAC and PCC, Engineering Services will consider those maintenance cost savings when making the bid award recommendation. If the PCC pavement bid alternate is within $100,000 per lane -mile of the HMAC bids, Engineering will recommend the PCC alternative. For illustration purposes, the recent Yorktown Boulevard project included approximately 6 lane - miles of total pavement surface when tum lanes, intersections and bike lanes are included. In that case, Engineering Services would have recommended paying up to an additional $600,000 for the PCC bid alternate. Since the bid price difference between PCC and HMAC was $1.7 million, Engineering recommended the HMAC altemate. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: June 12, 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 Corona Drive from Flynn Parkway to Everhart Road Bond 2014 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of $4,679,371.25 for Corona Drive from Flynn Parkway to Everhart Road for the total Base Bid. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Corona Drive from Flynn Parkway to Everhart Road Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Corona Drive from Flynn Parkway to Everhart Road — This project includes full -depth repair of the existing undivided four lane roadway. This is consistent with the proposed C-3 Primary Collector designation in the Urban Transportation Plan. Consideration is being given to adding bike lanes. Other improvements include curb and gutter, sidewalks, ADA curb ramps, pavement markings, and traffic signal improvements. Consideration will also be given to the realignment of the Tiger Lane/Flynn Parkway intersection, as funding allows." Project Scope: The Corona Drive project includes full -depth reconstruction and reconfiguration of the existing HMAC roadway from Flynn Parkway to Everhart Road. The project provides new HMAC pavement, concrete bus pads, curb & gutter, sidewalks, off-street cycle tracks (Mobility Plan), ADA ramps, pavement markings, signage, area lighting, and traffic signal upgrades for the Everhart intersection. Utility improvements include water, wastewater, storm water, and gas, with the gas work to be completed by City crews. The recommended roadway reconfiguration is a C-2 with 2 -lanes and continuous center turn lane, which is based on the traffic counts, roadway curvature, number of driveways, and constrained right of way. The reconfiguration also includes major realignment of the Flynn Parkway/Corona Drive intersection to consolidate the two separate intersections of Corona / Flynn Parkway and Corona / Tiger to a single intersection. The new alignment will improve safety and accommodates the new cycle tracks while reducing congestion and confusion. This project also completes improvements developed under the Bond Street 2008 program for Traffic Congestion Management Improvements. Work will include a new entry road (Island Gate Way) that will provide access to the Island Gate Plaza from Corona Drive. This new roadway provides critical relief to traffic congestion at the Everhart/SPID intersection, which has the highest traffic accident rate in the City. This new entry road also provides critical emergency access for fire and police. The project required specific coordination with the Texas Department of Transportation (TxDOT) for the SPID Ramp Reversal project that is planned to start in late 2017. The project contractor will also coordinate and schedule work to minimize traffic impacts over the upcoming holiday periods. This project bid on May 24, 2017, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid Berry Contracting, L.P. dba Bay, LTD Corpus Christi, Texas 4,679,371.25 SJ Louis Construction of Texas, LTD, San Antonio, Texas 4,897,584.38 CPC Interests, LLC dba Clark Pipeline Services, LLC Corpus Christi, Texas 5,033,690.04 Haas -Anderson Construction, LTD Corpus Christi, Texas 5,038,230.20 Engineer Opinion of Probable Cost: 4,228,000 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Govind Development, LLC is the design engineer that was selected for this project under RFQ No. 2013-01. Tolunay-Wong Engineers was selected to perform the Construction Materials Testing and awarded a small professional services contract for $49,860. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CI P) 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 830,505.00 5,530,621.00 6,361,126.00 Encumbered / Expended Amount 830,505.00 830,505.00 This item (Construction) 4,679,371.25 4,679,371.25 Future Anticipated Expenditures This Project 851,249.75 851,249.75 BALANCE 0.00 0.00 0.00 Fund(s): Street and Utility CI Comments: N/A RECOMMENDATION: City staff, and Govind Development, recommend award of a construction contract to Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of $4,679,371.25 for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Corona Drive - Flynn Parkway to Everhart Road BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Bond 2014 Street Proposition 1 3,635,000 Bond 2008 Street Proposition 1 (Traffic Congestion Management) 200,000 Storm Water CIP 1,424,430 Wastewater CIP 93,300 Water CIP 997,011 Gas CIP 11,385 TOTAL FUNDS AVAILABLE 6,361,126 FUNDS REQUIRED: Construction Fees: Construction (Berry Contracting, dba Bay, Ltd.) THIS ITEM 4,679,371 Streets 2,714,462 Utilities 1,964,909 Storm Water 1,111,973 Water 816,536 Wastewater 26,500 Gas 9,900 Contingency (10%) 467,937 Construction Inspection and Testinq Fees 240,243 Construction Inspection (TBD) 190,383 Construction Materials Testing 49,860 Desiqn Fees: (Govind Development, LLC) 563,856 Engineering Design Original and Amendment No. 1 563,856 Streets 332,131 Utilities 231,725 Storm Water 126,663 Water 50,430 Wastewater 54,633 Land Acquisition and Liqhtinq Fees 180,997 Land Acquisition Parcel No. 1 49,900 Land Acquisition Parcel No. 2 49,900 Land Acquisition Parcel No. 3 (estimate) 22,500 Closing Costs and Title Fees 3,072 AEP Project Illumination 55,625 Reimbursement Fees 228,722 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 63,460 Engineering Services (Project Mgt) 163,777 Misc. (Printing, Advertising, etc.) 1,485 TOTAL 6,361,126 ESTIMATED PROJECT BUDGET BALANCE ;ti 31 26A IH -37 Texas State Aquariumi) Corpus Christi PROJECT LOCATION Li ON 4P. 'CZ* .k2.) 60/ lYory 44/ LOCATION MAP NOT TO SCALE Ward Project Number: E13091 Corona Drive Flynn Pkwy to Everhart Rd Bond 2014 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES cQi) Corpus Chr sti Engineering Corona Drive Flynn Parkway to Everhart Road BOND 2014, Proposition 1 Council Presentation July 25, 2017 Project Location Corpus Chrsti Engineering EZI CORONA DRIVE I20A� /1o/y,i' a Ward Is Project Vicinity Corpus Chr sti Engineering PROPOSED CONDITION N SCALE: N.T.S. Proposed 4 -way Intersection TIGER LN (CORONA DR) and FLYNN PKWY 0 �hrsti Engineering Proposed Access Road to Island Gate Plaza 0 �hrsti Engineering Pending Land Acquisition A.reement Cross Sections 0 �hrsti Engineering CYCLE TRACK SIDEWALK TRAVEL LANE CENTER TURN LANE /Q©®1 TRAVEL LANE CYCLE TRACK SIDEWALK Project Scope Corpus Chr sti Engineering Full reconstruction HMAC pavement with concrete bus pads, curb & gutter, sidewalks, ADA ramps, and pavement markings and signage with the following additional elements: • New off-street cycle tracks, markings, signage, and area illumination improvements • Traffic signal upgrades at the Everhart intersection • Roadway reconfiguration from 2 -lanes to 3 -lanes with a continuous center turn lane • Re -alignment of both the Corona/Flynn Parkway and the Corona/Tiger Lane intersections to form a single 4 -way intersection • New access road to Island Gate Plaza • Utility upgrades for water, wastewater, storm water and gas Corona Drive Cross Sections Corpus Chrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 5.5" HMAC 8" LIMESTONE BASE (CEMENT TREATED) 12" COMPACTED SUBGRADE PRIME COAT LIME STABILIZATION (TOP 8") NEW ISLAND GATE DRIVE 7" CONCRETE 8" LIME SUBGRADE Project Schedule Corpus Chr°sti Engineering 2017 2018 J J Bid/ Award A s O N D J F M A EL_ Construction Construction Estimate: 270 days 9 months ** Requires specific coordination with TxDOT SPID Ramp Reversal and Holiday traffic Olf/Nli DEVELOPMENT, LLC ENGINEERING DIVISION 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: CORONA DRIVE - FLYNN PARKWAY TO EVERHART ROAD City of Corpus Christi Project No E13091 Letter of Recommendation — Award of Contract Dear Mr. Edmonds, May 31, 2017 We have reviewed the four (4) bids received on May 24, 2017 for Corona Drive — Flynn Parkway to Everhart Road, City of Corpus Christi Project No- E13091. The project consists of reconstructing approximately 2870 linear feet of existing two (2) lane roadway, curb and gutter, sidewalk, driveways, ADA curb ramps, and cycle tracks. The project also includes re -alignment of offset intersection (Corona Dr., Tiger Ln., and Flynn Pkwy.) to a four (4) way intersection, and construction of a new access road, Island Gate Way, from Corona Dr. to Island Gate Plaza_ Utility upgrades include upsizing existing water main and installing new storm water pipe. Traffic improvements include new signage and pavement markings as well as signal upgrades and lighting. The bidders were Berry Contracting, L.P. DBA Bay LTD (Bay), S.J. Louis Construction of Texas, LTD, CPC Interests, LLC DBA Clark Pipeline Services, LLC, and Haas -Anderson Construction LTD. Three (3) bidders are from Corpus Christi and one (1) is from San Antonio, TX. The three (3) lowest bids have been evaluated and a Bid Tabulation has been prepared (see attached). The low bidder is Berry Contracting, L.P. DBA Bay LTD. with a Total Bid of $4,679,371.25. We are in receipt Bay's Statement of Experience (SOE) and Bay has successfully completed four (4) construction projects for the City of Corpus Christi over the past ten (10) years, one (1) within the past four (4) years. Two of the most recent completed city projects had construction costs of $16A million and $6.5 million Bay's management team has extensive experience and is more than suitable for the project. Based upon our evaluation of the bids and SOEs, Govind Development, LLC recommends award of the project to Berry Contracting, L.P. DBA Bay LTD for the following bid amount: TOTAL BASE BID $4,679,371.25 If you have any questions, or require any additional information, please contact our office. Respect ully, Ma7cos I'$ .E. Led Civil 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 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: 2017-232504 Date Filed: 07/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Engineering Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13091 Corona Drive -Flynn Parkway to Everhart Road (Bond 2014) Total Base Bid $4,679,371.25 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ,,'1�44 t1�1tlr111fI►N,y� I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. )v414,,,c,.... :PY'- A-(%se• i s t 7 �Y t qq.-•. ltOf �0) •,ct) AFFIX NOTAitiA (�y WE .,**°STAN S --(1�In Sworn to and subscribe° uefore,me, by the said VO Signatui'ebf fes. n authorized agent of contring business entity T`I , this tf day of 3J u y , 20 11 , to certify which, witness my hand and seal of office. I bAl/AdLgrj_. \iiIw& .(JLi2Le/rA ' NViCIV ?GI b)1' Signature of officer administering oath Printed name of officer administering oath Title of officer a inistering 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 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: June 20, 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 CAPTION: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract and Professional Services Contract Lifecycle Curb and Gutter Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $536,850 and to execute a professional services contract with Engineering and Construction Management Services, LLC (ECMS) of Corpus Christi, Texas in the amount of $95,040 for the Lifecycle Curb & Gutter Replacement project. Both contracts will be executed for one base year with two (2) administrative one-year options. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a contract for professional services for the Lifecycle Curb & Gutter Replacement Project. BACKGROUND AND FINDINGS: Project Scope: This is an ongoing project where damaged, rolled and failed curb and gutter is removed and replaced along with associated pavement repair throughout the City. In addition to improving drainage, areas considered hazardous to vehicular or pedestrian traffic will receive priority. This project will address problematic areas on a yearly basis as funding allows. Curb replacements shall be designed to exceed a 20 -year service life. This Indefinite Delivery/Indefinite Quantity (IDIQ) construction contract provides for multiple delivery orders (DO's) citywide on a multi-year program with one base year and 2 additional one-year options. Optional years will be approved based on performance and funding availability. ECMS was selected through an RFQ and successfully provided professional services for rolled curb and gutter for several years. On March 22, 2017, the City received proposals from five (5) bidders. Two of the bidders were deemed non-responsive for failing to comply with bidding requirements. The bids are as follows: Contractor Base Bid Epic Energy Services, LLC Sinton, Texas (Non-responsive) $483,300 A. Ortiz Construction & Paving, Inc. Corpus Christi, Texas $536,850 Gourley Contracting Corpus Christi, Texas $613,118 Mako Contracting, LLC. Corpus Christi, Texas (Non-responsive) $626,300 J.E. Construction Services Corpus Christi, Texas $633,727 Engineer's Opinion of Probable Cost $599,970 ALTERNATIVES: 1. Authorize execution of a construction contract and a professional services contract. (Recommended) 2. Do not authorize execution of a construction contract and a professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Engineering & Construction Management Services, LLC is the design engineer that was selected for this project under RFQ 2017-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Capital Improvement Planning (CI P) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Utility 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 $746,147 $746,147 Encumbered / Expended Amount 0.00 0.00 This item 631,890 631,890 Future Anticipated Expenditures This Project 114,257 114,257 BALANCE $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the construction contract be awarded to A. Ortiz Construction in the amount of $536,850 and recommends executing a professional services contract with ECMS in the amount of $95,040 for the Lifecycle Curb and Gutter Replacement project for one base year and two (2) additional one-year options based on performance and funding availability. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract - ECMS Form 1295 — ECMS Form 1295 — A. Ortiz Construction Letter of Recommendation PROJECT BUDGET ESTIMATE Lifecycle Curb and Gutter PROJECT FUNDS AVAILABLE: Storm Water CIP 746,147 TOTAL FUNDS AVAILABLE $ 746,147 FUNDS REQUIRED: Construction Fees: Construction (A. Ortiz Construction) THIS ITEM 536,850 Contingency (10%) 53,685 Design, Construction Inspection and Testing Fees' 134,012 *Engineering (ECMS)(THIS ITEM) 95,040 *Engineering (ECMS) Original (Preliminary) 20,000 Construction Phase - Materials Testing Services 18,972 Reimbursement Fees and Miscellaneous 21,600 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 9,000 Engineering Services (Project Mgt/Constr Mgt) 12,000 Misc. (Printing, Advertising, etc.) 600 TOTAL 746,147 ESTIMATED PROJECT BUDGET BALANCE Odem 7 Morgan Farm Area G TT Sinton Rancho Chico Del Sol -Loma Linda Nueces BeY Taft Doyle Portland riot �ironita Tierra Grande • CITY-WIDE PROJECT Chapman Ranch Tradewinds Gregory Corer Faiman-County Acres Aransas Pa ; , Ingleside Ingleside on the Bay sem. u$tang Island Slate -i' LOCATION MAP NOT TO SCALE Project Number: E16428 Lifecycle Curb & Gutter Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES IMr C Lifecycle Curb and Gutter Corpus Chr sti Engineering Council Presentation July 25, 2017 Project Location c. Corpus Chr sti Engineering Lifecycle Curb & Gutter Re•lacement 2 Project Scope �hrsti Engineering The project provides for: • New concrete curb & gutter • Improved driveways and ADA ramps, adjacent to curb & gutter Project Schedule �hrsti Engineering 2017 2018 M I A J J Bid/Award A S 0 I N D J F M A J J I. Construction Program Estimate: 365 days CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16428 Lifecycle Curb & Gutter Replacement The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Engineering & Construction Management Services, LLC., a limited liability corporation, 5001 Oakmont, Corpus Christi, Nueces County, Texas 78713, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 10 EXHIBITS Page 1 Rev. 04/17 K ENGINEERING DATAEXCHANGEVINGIEMSTORM WATER4E16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE \2017 0405 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE 1— SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Page 2 Rev. 04/17 KENGINEERING DATAEXCHANGE.ANGIEMISTORM WATER5E16428 LIFECYCLE CURB AND GUTTER REPLECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES,DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $95,040. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule,as-shown-in-Exhibit-B-1-, with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Page 3 Rev. 04, ".7 KIENGINEERING DATAEXCHANGEVWGIEMISTORM W .TER1E16428 LIFECYCLE CURB AND GUTTER REPLtiECMS LARGE':I017 0405 CONTRACT PROFESSIONAL SERVICES DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE 1V -- TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 1 years beginning on the Effective Date. The Agreement may be renewed for up to 2 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. Page4 Rev. 44+17 K kENGINEERING DATAEXCHANGE'ANGIEMISTORM WATER5E16420 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES OC [ 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("lndemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 04/17 ICIENGINEERING DATAEXCHANGEWNGIEMISTORM WATER1E164213 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev 04/17 KIENGINEERING DATAEXCHANGEWNGIEMSSTORM WATER1E1642B LIFECYCLE CURB AND GUTTER REPUECMS LARGEL2017 0405 CONTRACT PROFESSIONAL SERVICES DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. Page 7 Rev. 04117 MENGINEERING DATAEXCHANGE ANGIEM'LSTORM WATER5E1642B LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES DOC 10.2 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. Page 8 Rev 04/17 KIENGINEERING UATAEXCHANGEUWGIEMMSTORM WATER1E16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12.217 0405 CONTRACT PROFESSIONAL SERVICES DOC 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no Tess than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential Toss or damage of any nature arising at any time or from any cause whatsoever, 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev 04/17 K\ENGINEERING DATAEXCHANGE ANGIEMISTORM WATERlE16426 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:llwww.ethics.state.tx.uslwhatsnewlelf info%rm1295.htm. The form must then be printed, signed, Page 10 Rev. 04117 KAENGINEERING RATAEXCHANGEIANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGEIZA 7 0405 CONTRACT PROFESSIONAL SERVICES DOC notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC. Jeff H. Edmonds, P. E. Date Felix H. Ocanas, Jr., P.E. Director of Engineering Services President 5001 Oakmont Corpus Christi, TX 78413 (361) 549-4576 Office APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Date Project No. E16428 Accounting Unit: 3495-043 Account: 550950 Activity: E16428013495EXP Account Category: 50950 Fund Name: Storm Water 2012B Rev Bonds Encumbrance No. Page 11 Rev. 04/17 KAENGINEERING DATAEXCHANGEtANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES. DOC EXHIBIT A SCOPE OF SERVICES {Insert Proposal & Scope of Services from A/E} Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT Project Number E16428 I. SCOPE OF SERVICES A. Basic Services. sliest. 2. Construction Phase. The AIE will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. L EXHIBIT "A" Page 1 of 5 Revised April 2010 KtEngineering DalacxdrangeWNGIEM4STGRM WATER1E16428 LIFECYCLE CURB AND GUTTER REPLhECMS largel2 EXHIBIT A LARGE Lifecycle doe i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following= 1. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of NE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. EXHIBIT "A" Page 2 of 5 Revised April 2010 K Enpineennp DelaExxchanpe ANGIEMtSTORM WATER1E16428 LIFECYCLE CURB AND GUTTER REPL4ECMS large12 EXHIBIT A LARGE Liieeyeie.doc C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and NE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City, 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and NE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. EXHIBIT "A" Page 3 of 5 Revised April 2010 K1Enpineennp DataExchanpe4ANGIEMISTGRM WATER1E16426 LIFECYCLE CURB AND GUTTER REPLIECMS larpe12 EXHIBIT A LARGE Lifecyclo doc 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 4 Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 2. SCHEDULE Day Date Activity Thursday June 15, 2017 Contract Award/NTP Monday June 26, 2017 Begin Construction Thursday June 26, 2017 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4. A/E will submit monthly statements for basic services rendered. In Section LA.1-3, the statement will be based upon AIE's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section 1.A.4. the statement will be based upon the percent of completion of the construction contract City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services,' the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees N/A 2. Design Phaco N/A 3. Bid Phaso N/A 4. Construction Phase (See Construction Observation) Subtotal Basic Services Fees NA Additional Services Fees (Allowance) EXHIBIT "A" Page 4 of 5 Revised April 2010 IC IEngineanng DeteExchange'ANGIEM\STORM WATER1E16426 LIFECYCLE CURB AND GUTTER REPLLECMS arget2 EXHIBIT A LARGE Lifecycle doc EXHIBIT "A" Page 5 of 5 Revised April 2010 KIEngineernn0 DalaExchang&ANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS large12 EXHIBIT A LARGE Lifecyde.doc NIA N/A "-_ N/A - -- -- _ - - - - N/A 5. Construction Observation Services(12x22x4x$90) $95,040 6. Start up Sorvicoc N/A 7. Warranty Phase Included in 5 Above Sub-Total Additional Services Fees Authorized $95,040 Total Authorized Fee $95,040 EXHIBIT "A" Page 5 of 5 Revised April 2010 KIEngineernn0 DalaExchang&ANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS large12 EXHIBIT A LARGE Lifecyde.doc EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional services Exhibit A-1 EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT (Project No. E16428) Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A-1" Page 1 of 1 Revised April 2010 K.tEngineerinp DataExtangelANGIEMISTORM WATER4E16428 LIFECYCLE CURB AND GUTTER REPLSECMS Ierpe.3 EXHIBIT A 1 TASK LIST LARGE AE tifecyce doc Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 31,000 50 50 31,000 $0 51,000 51,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 51,000 51,250 58,250 5750 $1,500 32,500 30% 52,000 $0 $0 32,000 $500 50 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0°% 52,000 51,120 51,627 54,747 $500 50 $500 11% 56,000 51,000 $1,250 58,250 5750 $1,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% 58,000 $2,120 52,877 512,997 51,250 51,500 $3,000 23% Contract for Professional Services Exhibit 8 EXHIBIT C Insurance Requirements Contract for Professional Services Exhibit C EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided EXHIBIT "C" Page 1 of 2 below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT "C" Page 2 of 2 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D ���■ CITY OF CORPUS CHRISTI --= DISCLOSURE OF INTEREST City of Corpus Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services, LLC. P. O. BOX: STREET ADDRESS: 5001 Oakmont CITY: Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. 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°•o 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 30 o or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that alI 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: Felix H. Ocanas, Jr., P.E. Title: (Type or Prinl) Signature of Certifying Person: DEFINITIONS President Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11 — Amending the Contract Documents; Changes in the Work 14 Article 12 —Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 —Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions -1 EXHIBIT "F" Page 1 of 14 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 EXHIBIT "F" Page 2 of 14 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 EXHIBIT "F" Page 3 of 14 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 EXHIBIT "F" Page 4 of 14 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Rearesentative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 EXHIBIT "F" Page 5 of 14 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The paint where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 EXHIBIT "F" Page 6 of 14 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 EXHIBIT "F" Page 7 of 14 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 EXHIBIT "F" Page 8 of 14 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions 9 EXHIBIT "F" Page 9 of 14 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions -10 EXHIBIT "F" Page 10 of 14 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions -11 EXHIBIT "F" Page 11 of 14 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions -12 EXHIBIT "F" Page 12 of 14 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 EXHIBIT "F" Page 13 of 14 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 EXHIBIT "F" Page 14 of 14 March 29, 2017 Jeff Edmonds, P.E. Director of Capital Programs City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 SUBJECT: Bid Analysis REF: Lifecycle Curb & Gutter Replacement Project No. E16428 Dear Mr. Edmonds, ECMS ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES 5001 OAKMONT DRIVE CORPUS CHRISTI, TX 78413 361 98611202 OFFICE 361 54914576 MOBILE 361 90612477 FAX Enclosed are five (5) Bid Proposals received for the above referenced project, Enclosure A. As required by Front End Documents, division 00 45 16, Statement of Experience, the documentation and other pertinent information with regard to the general contractors is enclosed at Enclosure B for the low bidder and the second low bidder. The third bidder did not submit this data, although they were all requested to do so. Following are the total bid amounts as submitted by the contractors after a minor extension error was corrected (see comments on second page of this letter): A. A. Ortiz Construction & Paving, Inc. $536,850.00 B. Gourley Contracting $613,118.00 C. J.E. Construction Services $633,727.00 The Engineer's Estimate is $599,970. Ortiz Construction and Paving was the low bidder after the low bidder, Epic Energy Services, LLC, ($483,300.00) was disqualified due to failure to sign the bid documents, as determined by the Legal Department. Mako Contracting, LLC was also disqualified for the same reason, failure to sign the bid documents ($626,400). All bids, except the bid from Epic Energy Services, LLC, were very competitive. The differences between the Engineer's estimate and the low bid is $63,120 or 10.5 % below the Engineer's estimate. The Bid Tabulation on Excel format is at Enclosure C. Following is a correction to an extension error by Gourley Contracting. Item No. Est Q Unit Price Extended Amt. Corrected Ext. Amt. Al 1 $4410 $4,470 $4,410 Lifecycle Curb & Gutter Replacement -Project No. E16428 Pagel of 2 ECMS@STX.RR.COM Following are notes resulting from review of the Contractor's Statement of Experience submitted by A. Ortiz Construction and Paving Co. • The Contractor intends to use Raul Ortiz as the project manager and Ralph Perez as the Superintendent. The alternate Superintendent will be Luis Ortiz. They have been doing this kind of work on City and other projects for several years and have proven to be experienced and reliable leaders with the proper education and experience. Ralph Perez was the superintendent for the previous curb & gutter contracts and performed in a satisfactory manner. • Regarding the list of completed projects, A. Ortiz has successfully completed several projects for the City, including several Curb & Gutter projects over the years, on time, as shown on the Statement of Experience. ECMS LLC was the construction manager on these previous curb & gutter projects. Their performance was rated 9, with10 being the highest rating, for all previous contracts. Following note is from review of the Contractor's Statement of Experience submitted by Gourley Contracting, second low bidder. • Gourley Contracting also meets the criteria for award as the second low bidder, and details will be provided if necessary. Based on the above documents and analysis, I recommend award to A. Ortiz Construction and Paving in the amount of $536,850. It is further recommended that the minor error in Gourley's proposal, described above, be waived since the error did not involve bid prices. Sincerely yours. 614 Fe ix H. Ocanas, Jr., P.E. President, ECMS, LLC License No 33006 TX; Firm Reg. No. F-3899 TX Lifecycle Curb & Gutter Replacement -Project No. E16428 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-124411 Date Filed: 10/14/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ECMS, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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. E16428 Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Felix, Ocanas, H. Jr. Corpus Christi, TX United States X X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ; --- 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Apye•.. MARY ANN MARSHEL ► e c: ID# 715866-6 ► 4 -.....41.0.- Notary Public f 10‘ STATE OF TEXAS t < v e s•.,....... aComm. Exp' 11-10-2019 4 .....My — — Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE OC U . CA41. S m this the 1 1 day of ��L to and subscribed before me, by the said 1---6.-.4..._,;,/,, O A41.4.5 Sworn1.---) 20 . % , to certify which, witness my hand and seal of office. 1 i kt 5 s ,h1 Q. W, , kale4 i Signature o icer administering oath Printed name of offic administering oath Title o o icer admini ring oath j Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-228213 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. A. Ortiz Construction & Paving Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16428 Curb and Gutter Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ortiz, Raul Corpus Christi, TX United States X Ortiz, Adriana Corpus Christi, TX United States X 5 Check 6 AFFIDAVIT AFFIX 20 % only if there is NO Interested Party. ❑ I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. "T'P`AMANDA S NiCBRUUN1 Notary Public, State of Texas My Commission Expires •: July17,2018 Signature of authorize a ent of contracting business entity �-j./ , ISworn t l !, , this the L.J T� day of M f NOTARY STAMP / SEAL ABOVE �y '' I lit and subscribed before me, by the said R l JUJ ' , to certify which, witness my hand and seal of office. G. X1106 Y 0 0 YY'I t ThlY P tub\ l u (:),m(vvict '\.'i M. ocry\avvia Signature of officer admi is ing oath Printed name of officer administering oath Title of officdministering oath Cnrmc nrnviriari hi Tavac Fthirc Cnmmiccinn uwititi Athirc state _tX_11S Version V1.0.882 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: TO: July 17, 2017 Margie C. Rose, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Andres Leal, Jr., P. E., Director of Street Operations andyl@cctexas.com (361) 826-1957 Resolution for executing the Regional Transportation Authority (RTA) "Notification for Additional Funding in 2017" Street Preventative Maintenance Program (SPMP) CAPTION: Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of $2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. PURPOSE: The purpose of this item is to receive authorization to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" from the Regional Transportation Authority (RTA). BACKGROUND AND FINDINGS: The City and RTA entered into a revised Interlocal Agreement in 2013 (attached). The RTA allocates a percentage of its sales tax receipts for funding the Street Preventative Maintenance Program based upon an allocation formula developed by the RTA. Actual funding for each fiscal year is based on the amount budgeted for the adopted fiscal year. The RTA has contributed the following amounts over the previous four years to the City for street preventative maintenance: 2013 (new Interlocal Agreement) $2,281,891 2014 Contribution Letter 2,547,728 2015 Contribution Letter 2,658,487 2016 Contribution Letter 2,814,839 RTA has provided the City with the "Notification for Additional Funding in 2017 (Street Maintenance Program)" notifying of their contribution amount of $2,716,127 for the City's Fiscal Year 2018. (Funds from RTA's 2016 Fiscal Year Contribution were received during the City's 2017 Fiscal Year.) ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Resolution complies with City's financial policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Financial Services, Street Operations FINANCIAL IMPACT: Operating X Revenue Capital ❑ Not applicable Fiscal Years 2017 - 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/Expended Amount This item $2,716,127.00 $2,716,127.00 BALANCE 0 $2,716,127.00 $2,716,127.00 Fund(s): Street Maintenance Fund Comments: This is funding from RTA for the City's Fiscal Year 2018. RECOMMENDATION: City Council authorization to execute the "Notification for Additional Funding 2017 (Street Maintenance Program)". LIST OF SUPPORTING DOCUMENTS: Resolution with Notification for Additional Funding 2017 (Street Maintenance Program) 2013 Interlocal Agreement between City and RTA Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of $2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. Whereas, the Corpus Christi Regional Transportation Authority ("RTA") and the City of Corpus Christi ("City") entered into a revised Interlocal Agreement ("the Agreement"), approved by City Council on May 28, 2013; Whereas, the intent of the 2013 revision was to provide for RTA to increase its funding for street improvement projects; Whereas, as revised, the Agreement provides for RTA to allocate a percentage of its sales tax receipts based upon an allocation formula developed by the RTA; Whereas, the Agreement further provides that RTA's actual funding for each fiscal year is to be based on the budgeted amount for the Street Improvement Program adopted for the fiscal year; Whereas, Section 2 of the Agreement provides as follows: 2. The RTA is allocating a percentage of its sales tax receipts for funding the new Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is $2,281,891.00. Whereas, the RTA has contributed the following amounts over the previous four years to the City for street preventative maintenance: FY 2013 FY 2014 FY 2015 FY 2016 $ 2,281,891.00 2,547,728.00 2,658,487.00 2,814,839.00 Whereas, RTA has provided the City with the attached "Notification for Additional Funding in 2017 (Street Maintenance Program)" to be executed for the sole purpose of acknowledging this additional funding in the amount of $2,716,127.00 for its fiscal year 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)", attached as Exhibit A, in the amount of $2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program and any other documents necessary to accept additional funding. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2017 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 Scott Carolyn Vaughn EXHIBIT A NOTIFICATION FOR ADDITIONAL FUNDING IN 2017 (Street Maintenance Program) The Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi. Texas ("City"), a municipal corporation. entered into a revised Interlocal Agreement (the `'Agreement") in 2013 providing funding by the RTA to the City for a Street Maintenance Program. The RTA has allocated the amount of $2.716.127.00 for its fiscal year 2017 under the Agreement. Such funds shall be paid to the City for projects in the manner provided under the Agreement. As provided in the Agreement. the City has agreed to submit its proposed list of street improvement projects for fiscal year 2017 funding and file a report with the RTA within 90 days following the end of each year on the expenditure of the funds paid to the City during the previous fiscal year. The RTA additionally has adopted a policy to encourage contracting with disadvantaged business enterprises (DBEs) in all procurements and has adopted a goal of 13°o participation for the current year. The City is encouraged to provide contracting opportunities for DBEs in connection with the use of these funds and include the level of DBE participation in the final report. This Amendment is made for the sole purpose of acknol4ledging the funding for 2017. All terms and conditions of the Agreement shall continue in full force and effect and are ratified and confirmed. EXECUTED IN DUPLICATE ORIGINALS this day of July, 2017. REGIONAL TRANSPORTATION AUTI-IOR1TY B):ds4 fo Jorge Cruz-Aedo. CEO ACCEPTED: CITY OF CORPUS CHRISTI. TEXAS By: Margie Rose, City Manager Date: . 2017. 1 .2788 RTA 6 Intl acaf 17 1ransi und-Nolicc-LC docs RTA INTERLOCAL AGREEMENT (Street Maintenance Program) This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation. WHEREAS, the RTA has provided a Street improvement Program (the "Street Improvement Program" or the "Program") since the RTA's creation in 1985, to provide financial assistance for street projects to local govenunental entities; and WHEREAS, the RTA desires to increase funding based upon sales tax revenues and provide for a more efficient process in funding street projects; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Proposals Under Program. No later than February 1 of each year during the term of this Agreement, the City shall submit a request specifying the street maintenance projects (the "Projects") which are eligible for consideration for funding under the Program. RTA shall review the proposals submitted by alt governmental entities in the RTA's service area and develop a list of priorities of the Projects based on the transportation needs of the RTA and the transportation needs of the City. The RTA staff and the staff of the City shall work diligently to develop a final list of Projects to be funded under this Program. To the extent feasible, the City shall coordinate with overlapping jurisdictions any Projects which will maximize the impact of RTA's Program. 2. Funding. The RTA is allocating a percentage of its sales tax receipts for funding the new Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is $2,281,891.00. 3. Eligible Street Projects. The Projects eligible for funding shall include any street projects permitted under Chapter 451 of the Texas Transportation Code. The City may seek for inclusion as an eligible Project, Projects which would be wholly -funded by the RTA and Projects which may be partially -funded by RTA. The parties agree that the City intends to use the funds for overlays and sealcoat projects which would alter the construction of roadways utilized by the RTA as authorized under Chapter 451. Any Projects involving the construction of bus pads or ADA accessibility improvements shall be funded separately either by the RTA or the City acting independently or based on their mutual agreement. 4. Completion of Projects. Upon approval of the Projects by the RTA, the RTA shall provide funding by remitting payment directly to City as and when the expenses are incurred, subject to the maximum funding authorized under this Agreement. The City agrees to diligently proceed with the completion of the approved Projects upon the receipt of funding. Upon the 2013-180 5/28/13 Res. 029847 INDEXED completion of the Projects, the City shall invoice the RTA for the amounts payable under this Agreement showing the actual expenditures made by the City in connection with the Projects and the amount payable by the RTA. The RTA shall make payment within thirty (30) days of the receipt of the invoice subject to the requirements of this Agreement. 5. Signage. All Projects funded by the RTA will be identified as an RTA -funded Project through construction signs or other signage located at the site of the Project. Such signs shall be provided by the RTA and maintained by the City on the construction sites throughout the project, but at least a minimum of seven (7) days in the event the project takes less than seven (7) days to complete. 6. Reporting. Within ninety (90) days following the end of each year of this Agreement, the City shall report to the RTA on any Projects that have not been completed by the time the report is made and indicate the status of the Projects and the estimated time of completion. The report shall be supplemented by the City upon completion of the Project by the submission of the invoice showing the actual amount of expenditures made and amount payable by the RTA. 7. Term and Renewal. This Agreement shall be for an initial term of one year. This agreement is subject to automatic renewal unless terminated as provided herein. Notice of termination shall be given upon 90 days advance written notice. Any such notice of termination shall be given to each of the parties to this Agreement in accordance with the notice provisions provided below. 8. Additional Projects. Nothing in this Agreement shall prevent the RTA and the City from entering into other agreements for the completion of street projects or other transportation -related projects of mutual interest outside the terms of this Agreement or entering into multi-year programs for major projects. 9. Payments. Any payment made by the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the RTA as required by the Inter- local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 10. Federal Provisions. The City agrees to include such provisions in its construction documents as reasonably required by the RTA in order to meet the requirements of the federal government for providing federal transit assistance. The City agrees to comply with Title VI of the Civil Rights Act in its determination of projects funded under this Agreement. The RTA shall review all projects to ensure compliance with Title VI of the Civil Rights Act. 11. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance. shall be held to be invalid or unconstitutional by any . court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 12. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. -2 RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager 13. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 14. Enikulgraingt This Agreement represents the entire agreement between the parties and may not be modified by any oral amts or understandings. Any amendments must be made in writing and signed by all parties. 15. hisignnigni. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 16. intotiosdraminatuAl. This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act, 17. Repliumment Qf 2001 Agreerpen. This Interlacal Agreement for street improvement funds between the RTA and the City shall replace the 2001 Interlocal Agreement for street improvement fiords between the RTA and the City in its entirety. The funding in this Interlocal Agreement includes the funding provided in that original Agreement between the City and the RTA dated as of November 26,1985. Executed thisC t day of Z &r,e , 2013. CORPUS CHRISTI REGIONAL CITY OF CORPUS CHRISTI TRANSPORTATION AUTHORITY By: Scott Neeley, CEO J Ronald L. O1on, tity Manager By: :711' --� eillitiCIL vq2-(4V) • ° SECIVAINT c+noamne4 end setdnpslryannrc%Lotar Seninannmpnuy moon FikdOontent.oudooi<l7(CNPApauf113 Th iFund AgnuCt - ev (4).dxx - 3 - ArrEst AR Q IPA CITY SEa ETAr ' AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 Mike Markle, Police Chief MikeMa@cctexas.com (361) 826-2601 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase Four Chevrolet Spark Vehicles for the Police Department CAPTION: Motion approving the purchase of four Chevrolet Spark vehicles from Caldwell Country Chevrolet, from Caldwell, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $65,458.60. Funds are budgeted in FY2016-2017. PURPOSE: This item is to approve the purchase of four Chevrolet Spark vehicles to be used by the Police Department parking control personnel. BACKGROUND AND FINDINGS: All four vehicles will be replacements for the gas powered Mules utilized by parking control personnel. The vehicles are used in the downtown, uptown area, as well as, on North Beach. North Beach is now being included since the recent agreement with the Aquarium returned the meters on North Beach to the City. The funds being used are from Red Light Camera program. Guidelines for the use of these funds allows the City to utilize the revenue to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None 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: Fleet Maintenance Services and Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $65,494.60 $0.00 $65,494.60 Encumbered / Expended Amount $0.00 $0.00 This item $65,458.60 $0.00 $65,458.60 BALANCE $36.00 $0.00 $36.00 Fund(s): Redlight Photo Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION 1. 2. 2018 Chevrolet Spark BuyBoard Fee QTY. 4 1 UNIT EA EA PRICE SHEET CHEVROLET SPARK TLGPC BUYBOARD: 521-16 Caldwell Country Chevrolet Caldwell, Texas UNIT PRICE $16,264.65 $400.00 EXTENDED PRICE $65,058.60 $400.00 $65,458.60 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director Utilities DanG@cctexas.com 361-826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of One Freightliner Flatbed Crew Truck and One Freightliner 5 -Yard Dump Truck for the Utilities Wastewater Department CAPTION: Motion authorizing the City Manager, or designee, to purchase one Freightliner flatbed crew truck and one Freightliner 5 -yard dump truck from Houston Freightliner, Inc., of Houston, Texas, based on the cooperative purchasing agreement with Houston - Galveston Area Council, for a total amount not to exceed $219,914. Funds are budgeted in FY2016-2017. PURPOSE: This item is to approve the purchase one Freightliner flatbed crew truck and one Freightliner 5 -yard dump truck for the Utilities Wastewater Department. BACKGROUND AND FINDINGS: The flatbed crew truck and 5 -yard dump truck are replacements for the same type of vehicle. The vehicles are nine years old and the 18 years old respectively, and both are past their service lives. The units will be used by the Collection System Division of the Wastewater Department. These vehicles are critical in maintaining and keeping the City's Wastewater collection system operational. 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: Fleet Maintenance Services and Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $318,350 $0.00 $318,350 Encumbered / Expended Amount $40,121 $0.00 $40,121 This item $219,914 $0.00 $219,914 BALANCE $58,315 $0.00 $58,315 Fund(s): Wastewater Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. 1. 2. 3. 2018 Freightliner Flatbed Crew Truck 2018 Freightliner 5 YD Dump Truck H -GAC Processing Fee Purchase Cost: 1 1 2 UNIT EA EA EA PRICE SHEET FLATBED CREW TRUCK 5 YD DUMP TRUCK H -GAC HT06-16 Houston Freightliner, Inc. Houston Texas UNIT PRICE EXTENDED PRICE $121,505.00 $96,409.00 $1,000.00 $121,505.00 $96,409.00 $2,000.00 $219,914.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 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 Kim B2@cctexas.com (361) 826-3169 Pump and Motor Repairs for Water Utilities Department CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Smith Pump Company, Inc., of Woodway, Texas for pump and motor repairs in response to Request for Bid (RFB) No. 1048 based on the lowest, responsive, responsible bid for a total amount not to exceed $301,230, with an estimated expenditure of $50,205 in FY2016-2017 funded by the Water Department Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service will provide the repairs necessary to ensure the pumps and motors at the O.N. Stevens Water Treatment Plant and in the City's distribution system are in good working order. BACKGROUND AND FINDINGS: Large volume pumps and motors are used at the O.N. Stevens Water Treatment Plant to move raw water and treated water through the City's potable water system. Ensuring this equipment is properly serviced and repaired, when necessary, is essential to the proper operation of the Plant and to providing the city with a clean, safe and dependable potable water supply. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, one no bid and one nonresponsive bid out of 83 notifications issued. Staff is recommending the award to the lowest, responsive, responsible bidder, Smith Pump Company, Inc. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $329,416.20 $251,025.00 $580,441.20 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $50,205.00 $251,025.00 $301,230.00 BALANCE $279,211.20 $0.00 $279,211.20 Fund(s): Water Comments: The initial contract term total is $301,230.00, of which $50,205.00 is funded in FY2016-17. The total estimated contract value will be $903,690 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation PURCHASING DIVISION CITY OF CORPUS CHRISTI BID TABULATION BID INVITATION NO: 1048 BUYER: Lydia Juarez Pump and Motor Repairs for Utilities Date: 05/15/17 Houma Armature Smith Pump Weisinger Incorporated "*Bradley's Ferguson Houston, TX Woodway, TX Conroe, TX Gregory, TX Corpus Christi, TX UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY PRICE PRICE PRICE PRICE PRICE PRICE NO BID 15% markup 20% markup 18% markup 1 Parts/Materials Markup 87,000.00 $100,050.00 $104,400.00 $106,097.56 2 Shipping Allowance for 50,000.00 50,000.00 50,000.00 50,000.00 Parts/Materials 3 Shop Mechanic (ST) 690 HRS 87.00 60,030.00 76.00 52,440.00 107.00 73,830.00 4 Shop Mechanic (OT) 80 HRS 130.50 10,440.00 114.00 9,120.00 145.00 11,600.00 5 Field Service (ST) 480 HRS 95.00 45,600.00 80.00 38,400.00 165.00 79,200.00 6 Field Service (OT) 100 HRS 142.50 14,250.00 120.00 13,200.00 225.00 22,500.00 7 Engineer, Shop (ST) 280 HRS 110.00 30,800.00 91.00 25,480.00 97.00 27,160.00 8 Engineer, Shop (OT) 10 HRS 165.00 1,650.00 136.50 1,365.00 145.00 1,450.00 9 Engineer, Field (ST) 60 HRS 110.00 6,600.00 91.00 5,460.00 120.00 7,200.00 10 Engineer, Field (OT) 10 HRS 165.00 1,650.00 136.50 1,365.00 170.00 1,700.00 TOTAL $321,070.00 $301,230.00 $380,737.56 ** Nonresponsive No Bid **Supplier failed to provide pricing per the pricing instructions 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. Smith Pump Company, Inc. Waco, TX United States Certificate Number: 2017-215218 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 05/30/2017 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB No. 1048 Pump and Motor Repair for Utilites Water Department 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Cox, Jay San Antonio, TX United States X Smith, Granger Waco, TX United States X Brown, Trent Waco, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT { { o�;Y P±,4 LEIGH S. CLARK 0, i _ice , Notary Public •' ' 'o STATE OF TEXAS or- My Comm. Exp. 07.23.2019 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ) LA...--..„- i`'�{ AFFIX Sworn Signature o onzed agent of contracting business entity NOTARY STAMP / SEAL ABOVE �% to and subscribed before me, by the said 7f)7Y ' / �n this the �� day of / , !� 20, to certify which, witness my hand and seal of office. / car<Th e, SL Ar. 17/2:14-71 Si na _. of officer administeringoat Printed na f officer administering � n� oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.883 SERVICE AGREEMENT NO. 1048 Pump and Motor Repair for Utilities Water Department THIS Pump and Motor Repair for Utilities Water Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Smith Pump Company, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pump and Motor Repair in response to Request for Bid/Proposal No. 1048 ("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 Pump and Motor Repairs ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for twelve months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional twelve-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $301,230.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche Garza Department: Utiliities Phone: (361) 826-1827 Email: DianaGcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche Garza Title: Contracts/Funds Administrator Address: 1301 Leopard Street, Corpus Christi, Texas 78410 Fax: (361)826-4488 IF TO CONTRACTOR: Smith Pump Company, Inc. Attn: Trent Brown Title: Manager, Project Manager Address: 301 M B Industrial, Woodway, Texas 76712 Fax: (254) 776-0023 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Trent Brown ff63)w-- 2017.05.31 14:48:05 -0500' Printed Name: TRENT BROWN Title: Date: MANAGER OF PROJECT MANAGEMENT 5/31/2017 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. 1048 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 1.1 General Requirements/Background Information A. The Contractor shall provide pump and motor repairs, at all booster and raw water pump stations for The City of Corpus Christi Water Department (CCWD) O.N. Steven Water Treatment Plant. 1.2 Scope of work General: A. The Contractor's work performance will include but is not limited to, pre- removal field testing, open and inspection, pump and motor repair, re- manufacturing, and post repair field testing services on centrifugal, submersible, and vertical turbine pumps and motors, to include horizontal split case and vertical turbine designs from 125HP to 1500 HP in rating. B. The Contractor shall repair motor to Original Equipment Manufacturer (OEM) standards, in accordance with ANSI/EASA AR100-2010 recommended practices for the repair of rotating electrical apparatus. C. All materials and/or parts shall be OEM, or equivalent to or better standards/quality, than original. These parts must be part of the Contractors warranty period or greater if warranted by the manufacturer. If a part is replaced on the contractors or manufacturer's warranty, there will be no cost for labor or parts repair/labor. D. Repairs will include, but are not limited to, the following: 1. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). 2. Alternative quotations for efficiency, other improvements, or for alternate fabrication methods require written pre -approval by the Contract Administrator. 3. Specialty shop services consists of the fabrication and machining of parts and assemblies, and other machine work associated with pump and motor repairs, such as motor parts and assemblies, brackets, mounts, supports, etc. RFB Template 10.10.16 4. On-site Field Support and Technical Services related to the removal, re -installation, alignment and troubleshooting of the various pumping systems. 5. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding & fabrication, sand blasting, coating of pump/motor. 6. Typical repairs consist of, open and inspect, rebuilding or replacing damaged items, such as, however not limited to: • Problem diagnosis, to mean open, Teardown (Disassemble), Inspect and Report (TIR). Providing analyzation and a written estimate • Replace/repair wear ring clearance, if not repairable • Shaft sleeves • Impeller • Bearing(s) • Seals • Wearing rings • Shaft(s) • Gasket(s) • Housing repair or replacement • 0-ring(s) • Dynamic Balancing Testing, with written testing documentation • Varnish • Vacuum Pressure Impregnation (VPI) • Rewind stator • Packing • Packing stuffing box • Blast clean • Re -paint • Reassembly • Check tolerance(s) • Re -oil and/or grease • Testing 7. For each repair, the Contractor shall provide a price estimate, categorized by: • Time to repair, to include delay time for parts/materials. If there is a delay time the contractor must define the time and reason. • Any shipping costs for parts/materials. RFB Template 10.10.16 • Expediting costs for parts/materials, if requested and approved by the City Contractor Administrator. • Parts/components replacement and/or machine/fabrication needs. • Parts/material mark-up. • Hourly labor costs by classification of position, to include Straight Time (ST) and/or Overtime (OT). This must also define/separate hourly rates by shop and field work. • Shall submit the estimate report electronically in PDF format via email or maintain a database of these documents accessible to The Contract Administrator over the Internet. (Pricing estimates shall utilize the pricing in Contractor's price sheet for labor and materials.) 8. After repairs, the pump and/or motor unit shall be repainted to manufacture's recommendation and specifications, in a color approved by the Contract Administrator. If manufacturer specification/recommendations are not available, interior and exterior ferrous and cast iron parts shall be coated using an NSF 60 certified Fusion bonded Epoxy coating, 3M Scotchkote, TNEMEC Series 140 Pota Pox portable water epoxy, or similar product approved by the Contract Administrator. 9. Pump balancing, assembly, and application of coating for impeller shall be completed in accordance with name plate data/manufacturer recommendations. When manufacturer recommendations and/or specifications are not available the Contract Administrator will govern specifications. 10. Mechanical seals and stuffing boxes shall be repaired or fabricated to the original design with same type material and to original clearances unless otherwise pre -approved in writing by the Contract Administrator. 11. Contractor shall replace all miscellaneous broken and/or rusted hardware and chase the threads, such as nuts, bolts, and washers or other fastener materials, as well as shall determine the strength requirements of the fasteners, and verify that the new material is sufficiently strong and meets manufacturer's specifications, to include an adequate safety factor. All new hardware shall be part of the warranty. 12. Contractor shall repair bearing(s) and bearing housing to original concentric fit(s) and dimensions. If bearing housing re -casting is required, Contractor shall notify The Contract Administrator immediately. Anti -friction bearings will be replaced on all pumps and RFB Template 10.10.16 motors unless the Contract Administrator determines replacement is not required. Contractor shall also mark the bearing recommended lubrication level on the pump housing. 13. Contractor shall replace oil rings and seals with same type unless alternate design is pre -approved by the Contract Administrator. 14. For Babbitt bearings, the Contractor shall verify proper bonding of Babbitt to the backing material using ultrasonic thickness (UT) or other acceptable industry standard test. Test results to be provided to the Contract Administrator. Babbitt bearings shall be repaired or replaced with same type materials. Babbitt bearing repair using over spray or pooling will not be accepted. E. Name plate data: 1. Name plate with date shall be required if the Contractor modifies the pump, motor, or its components from their original configuration, the modification must be pre -approved by the Contract Administrator. If modification is approved, a new nameplate shall be supplied and affixed to the pump/motor, and a new pump curve shall be developed to accurately reflect the new hydraulic conditions. If the Name Plate is missing from a pump or motor the contractor shall replace with a new data plate. Name plates shall be made of corrosion resistant metal and have stamped or engraved lettering, and shall include the following information: • Equipment Station Name • Model and Serial Number • Manufacturer • GPM / Head • HP • Impeller Diameter • RPM • Date of Repair F. Hydraulic Pump Characteristics: 1. In the event that a pump's hydraulic characteristics are changed, The Contract Administrator, may request hydraulic / performance testing either at Contractor's facility or in-service at the Contract Administrator facility, to verify changed characteristics and satisfy documented performance RFB Template 10.10.16 specifications. When a performance test is required, the Contractor shall provide the following upon completion of the test: • Performance test results (electrical & hydraulic) • Repaired pump documentation including changes to pump curves, drawings, and/or operation and maintenance manuals. • Documentation specifying improvement or upgrade to pump or component(s) • Vibration Analysis Results. • Alignment Results. G. Dynamic Balancing: 1. The Contractor shall provide Dynamic Balancing. Unless other balancing criteria is specified by the Contract Administrator, the impellers and rotation elements to include motors, shall be dynamically balanced to an ANSI S-2.19 / ISO 1940 - 1986 Balance Quality grade G2.5 or better. 2. Balance reports shall include the initial data entered to determine tolerances for initial balance point, as well as the final "as assembled" tolerance. 3. If adding weight is approved by the Contract Administrator as a method for balancing rotating elements, balanced weight shall be placed out of the flow stream and tapered to minimize potential for damage or cavitation. H. For Pump Tear Down, Inspection, Report and Quote: 1. Contractor shall inspect and measure bearings, oil rings and housings. 2. If pump or motor shaft journals or thrust pads are found to be outside allowable tolerances, the Contractor shall immediately notify the Contract Administrator via telephone or email, so a repair decision can be made. 3. When directed by the Contract Administrator, on Vertical Turbine Pumps, the Contractor shall perform non-destructive (ultrasonic, magnetic -particle, liquid -penetrant, radiographic, or eddy -current) RFB Template 10.10.16 testing on the connection point between the top bowl and the flange attaching it to the pump column. 4. The Contractor shall complete a Teardown, Inspect and Report (TIR) to note any problems, special conditions, and/or unusual wear or corrosion. Furnish report with photos, inspection results, conclusions, and recommendations with TIR. 5. Contractor shall provide TIR for pump repairs within 5-10 business days, (no exception), after receipt of equipment. 6. An estimate for repair shall follow within 5 working days, (no exception), after that. (The Contractor's price sheet for labor, material and mark-up will be used for estimating price). 7. Repairs shall be completed within 10-15 working days after receipt of the following: • Release Order. • Note if parts/materials will be delayed and will delay the repair the City Contract Administrator shall approve any alternatives for repairs or repair completion dates. The priority is minimal delays. 8. Contractor shall provide projected completion and delivery dates with each repair estimate. I. Teardown, Inspect and Report (TIR) Work Scopes: Pumps 1. Contractor shall note any problems, special conditions, and/or unusual wear or corrosion during a TIR. Furnish report with photos, inspection results, conclusions, and recommendations. 2. Vertical Turbine Pumps (VTP): • Prior to disassembly measure and record bowl assembly length, column lengths, discharge head length, and other pertinent dimensions and produce an as Found general arrangement drawing of the pump. • Disassemble each component of the pump and the bowl and clean sufficiently to make accurate measurements of the dimensions described below. Take digital photos during the disassembly and inspection process. RFB Template 10.10.16 • On bowl assembly components, measure and record wear ring diameters and resulting clearances, bearing bore and shaft journal diameters and resulting clearances, impeller diameter, impeller bore and shaft diameter at bore, bowl shaft straightness, suction bell and bowl register diameters and clearances. Note problems, special conditions, and/or unusual wear or corrosion, determine if bowl casting registers should be six pad welded and re -machined. • On column and shafting components, measure and record bearing bore and shaft journal diameters and resulting clearances, shaft straightness, shaft to coupling fits, column flange register diameters and clearances, and discharge head register diameters and clearances. Note problems, special conditions, and/or unusual wear or corrosion. Determine if column flange or discharge head flange registers should be six pad welded and re -machined. 3. Horizontal Split Case Pumps (HSC): • Prior to disassembly measure and record critical dimensions and produce an as Found general arrangement drawing of the pump rotating element showing position of impeller, sleeves, seals, and bearings. If possible, measure and record wear ring clearances at 0°, 90°, and 180°. • Remove rotating element from case and inspect wetted surfaces of upper and lower casing halves. • Inspect stuffing box and mechanical seals and record observations. • Measure and record wear ring diameters and resulting clearances, bearing housing bores, sleeve diameters, and impeller diameter. Review case wear ring roundness in lower casing half, and it their free states. • Remove sleeves and impeller from shaft. Record impeller bore and shaft diameter at the impeller. Visually inspect key seats and keys, and report condition. • Check shaft for straightness. 4. Vertical Overhung Bearing Pumps (VOP): • Prior to disassembly measure and record critical dimensions and produce an as Found general arrangement drawing of the pump rotating element showing position of impeller, sleeve, and bearings. RFB Template 10.10.16 If possible, measure and record wear ring clearances at 0°, 90°, and 180°. • Remove rotating element from volute and inspect all wetted surfaces for pitting from corrosion or erosion. • Inspect stuffing box and record observations. • Measure and record wear ring diameters, clearances, and condition. Record bearing housing bores, sleeve diameters, and impeller diameters. • Remove impeller and sleeve from shaft. Record impeller bore and shaft diameter at the impeller. Visually inspect key -seats and keys, and report condition. • Check shaft for straightness. 5. Vertical Submersible Pumps (SUBM): • Prior to disassembly measure and record critical dimensions and produce an as Found general arrangement drawing of the pump rotating element showing position of impeller, sleeve, and bearings. • Remove rotating element from volute and inspect all wetted surfaces for pitting from corrosion or erosion. • Inspect seals and seal area and record observations. • Measure and record wear ring diameters, clearances, and condition. Record bearing housing bores, sleeve diameters, and impeller diameters. • Remove impeller and sleeve from shaft. Record impeller bore and shaft diameter at the impeller. Visually inspect key seats and keys, and report condition. • Check shaft/rotor for straightness. Motors 1. Vertical & Horizontal Motors: • Receive, unload, visually inspect, and document as received conditions including digital photos. RFB Template 10.10.16 • Perform no load run and test at full voltage, and record vibration and electrical data. • Perform offline motor test including surge, hi -pot, PI, megger, resistance, impedance, inductance, phase angle, current, voltage, frequency. • Disassemble motor complete. • Clean components as needed and perform incoming inspections and static testing. • Measure and record dimensions of bearing bores for proper diametrical clearance or interference fits. • Measure and record shaft journal and shaft seal dimensions. • Measure and record dimensions of bearings, bearing housings, and seals. • Measure and record rotor total indicated runout at coupling, bearing journals, and rotor end rings. • Visually inspect stator ties, wedges, coils, leads, lugs, and bracing system. • Visually inspect for loose or broken rotor bars. • Visually inspect end rings for signs of cracking. • Inspect and test stator temperature detectors and bearing temperature detectors if equipped. • Inspect and test space heaters. • Record results. Note any problems, special conditions, and/or unusual wear or corrosion. • Furnish report with photos, inspection results, conclusions, and recommendations within 10 working days of receiving the pump. J. Standard Repair Work Scopes Pumps 1. Vertical Turbine Pump (VTP): RFB Template 10.10.16 • Clean, polish, and straighten bowl shaft to 0.003" TIR or better at the top, middle, and bottom of shaft. Face line shaft end perpendicular to shaft centerline. • Perform one or two plane dynamic balance on impeller(s) to meet ISO Grade G2.5 or better balance grade. • Remove bearing from suction bell. Grit blast bell to SSPC-SP-10 Near White. Coat the interior and exterior of the suction bell with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. Make a new bronze suction bell bearing and install. • Remove bearing from bowl(s). Remove the case wear ring(s) from the bowl(s). Grit blast bell to SSPC-SP-10 Near White. Coat the interior and exterior of bowl(s) with TNEMEC Series 140 Pota- Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. Make a new bronze bowl bearing and install. Make a new bronze case wear ring and install. • Assemble bowl assembly. • Clean, polish, and straighten line shafts and head shaft to 0.003" TIR or better at the top, middle, and bottom of shafts. If journals are worn, plan to flip shafts end for end to establish a new journal area. Face both ends of each line shaft and the bottom end of head shaft to be perpendicular to shaft centerlines. • Remove column bearings. Grit blast each column to SSPC-SP-10 Near White. Coat inside and outside of each column in the non - machined areas with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. • Replace line shaft bearings with like material. If bearings are rubber, use nitrile "low -swell" compound. • Remove stuffing box bearing from stuffing box. • Grit blast stuffing box and discharge head to SSPC-SP-10 Near White. Coat inside and outside of discharge head and stuffing box in the non -machined areas with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. • Make and install new bronze stuffing box bearing. RFB Template 10.10.16 • Assemble unit and install stuffing box. Use RAINS-FLO GFM tin based packing system. 2. Horizontal Split Case Pump (HSC): • Clean, polish, and straighten pump shaft to 0.003" TIR anywhere on the shaft. • Perform one or two plane dynamic balance on impeller(s) to meet ISO Grade G2.5 balance grade or better. • Grit blast cases to SSPC-SP-10 Near White. Coat the interior and exterior of the cases with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White on interior. Match original coating and color on exterior. • Replace bearings, lip seals and/or bearing protectors, o -rings, and gaskets. • Replace impeller wear rings. • Replace packing. If mechanical seal, re -manufacture seal with replacement rotating and stationary faces and elastomers. • Assemble rotating assembly and install in case. • If pump has mechanical seals, hydro -test casing to the greater of 200% of B.E.P. head or 150% of S.O.H for 5 minutes without leaks. 3. Vertical Overhung Bearing Pump (VOP): • Clean, polish, and straighten pump shaft to 0.003" Teardown, Inspect and Repair (TIR) anywhere on the shaft. • Perform one or two plane dynamic balance on impeller(s) to meet ISO Grade G2.5 balance grade or better. • Grit blast volute, stuffing box housing, and bearing housing to SSPC-SP-10 Near White. Coat the interior and exterior of the cases with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White on interior. Match original coating and color on exterior. • Replace bearings, lip seals and/or bearing protectors, 0 -rings, and gaskets. RFB Template 10.10.16 • Re -machine case and/or impeller wear rings. • Replace packing. If mechanical seal, re -manufacture seal with replacement rotating and stationary faces and elastomers. • Assemble rotating assembly and install in case. • If pump has mechanical seals, hydro -test casing to the greater of 200% of B.E.P. head or 150% of S.O.H for 5 minutes without leaks. Motors 1. Vertical & Horizontal Motors: • Clean and oven dry stator and rotor. • Dip, perform VPI process and bake winding if necessary. • Coat winding and rotor with insulating paint. • Dynamically balance rotor to ISO G2.5 precision grade balance or better. • Replace bearing, lip seals, and/or bearing protectors. • Reassemble motor for running test. • Perform running test at rated voltage, no load. • Monitor and record electrical data. • Monitor and record temperatures (bearings and windings). • Monitor and record vibration amplitudes (filtered and unfiltered). • Match coating and color on motor exterior. • Prepare for return freight. K. Field, Service, Component, and Material Requirements: 1. Replacement components shall be fabricated to the original design unless otherwise specified by the Contract Administrator. 2. Components shall be checked for concentricity and trueness. RFB Template 10.10.16 3. Modifications to components or materials shall not be proposed that would decrease a pump's performance, thermal or mechanical durability, or negatively impact the pump operation. 4. Contractors, may be required to fabricate custom parts not readily available from the original manufacturer, however, City of Corpus Christi, prefers OEM parts if available. 5. Contractor shall clean associated lubrication systems and cover oil exposed piping, cavities or reservoirs with plastic and tape or other alternative effective measures to prevent moisture and containments from entering the system during storage and transport. 6. During re -assembly, Contractor shall coat fastener threads with a durable anti -corrosion / anti -seize compound unless otherwise specified by the City Contract Administrator. 7. Contractor may use high-pressure water to clean surface in preparation for inspection. 8. Contractor shall contact the City Contract Administrator for approval prior to using another blast media. 9. The Contractor's facilities may be subject to inspection at any- time by a representative of the City of Corpus Christi. 10. Contractor must be able to provide field and technical support. 11. The Contractor must have the ability to provide on-site training as may be required by the City of Corpus Christi. 12. Authorization for work, (Release Order), will be sent by Contract Administrator to Contractor via e-mail. L. City of Corpus Christi reserves the right to inspect pump and / or motor at any time during the course of the repair. RFB Template 10.10.16 M. City of Corpus Christi reserves the right to audit contractor's project costs at any time during contract duration. N. City of Corpus Christi reserves the right to use third party inspection services when deemed appropriate, however the City will pay for these services. O. City of Corpus Christi equipment in Contractor's possession must be properly stored and secured at all times; as well as loading / unloading must be done by Contractor's personnel. P. For warranted work the Contractor must make arrangements to pick up equipment within five working days, (No Exceptions), after notification and return the equipment to the City within 10 working days, (No Exceptions), after receipt and installation of all parts necessary to perform the repair. Q. Overtime hours for labor must be authorized in writing by the Contract Administrator prior to commencement. R. If the Contractor finds that the total cost of repairs for labor and parts would exceed 60% of the equipment replacement cost, the City Contractor Administrator shall be notified prior to repairs commencing in order for a decision to be made to repair or replace. If repairs are approved, this will be completed in writing by the Contract Administrator. S. The Contractor will make a reasonable attempt to obtain parts at the lowest price possible. T. For parts and material with a unit price of greater than $250.00 the Contractor must submit supporting documentation of pricing to include shipping charges and any mark-up costs as allowed by contract. U. Shipment preparation shall include the following: 1. Contractor shall ship the equipment empty (free of lubricants) but shall tag all lubrication points on equipment to indicate the lubricant must be added prior to running the equipment. 2. Unprotected metal surfaces shall be protected against corrosion. Pump and components shall be secured and supported to prevent damages during shipping. 3. All pump openings shall be covered adequately to protect pump during shipment. RFB Template 10.10.16 4. Contractor shall contact The Contract Administrator, at earliest opportunity of completion of work, to coordinate delivery and allow at least two working days for The Contract Administrator to arrange scheduling. 5. All equipment shall be shipped FOB Destination. The Contract Administrator may refuse to unload and/or accept equipment damaged in transit. 6. Contractor shall be liable for all return shipping costs resulting from damages in transits and is solely responsible for pursing all damage claims from transport services provider. 1.3 Work Site Locations and Conditions O.N. Stevens WFP / Booster Pump Station Large Volume Pump Inventory A. Below is a list of the Water Treatment Plant Equipment, which includes the raw water pump stations and the various booster pump stations and Pumps within O.N. Stevens Water Filtration Plant and Raw Water Complex (Nueces River) . B. Raw Water Building One (Nueces Raw Water Complex): Motors Raw Water Motor 3 General Electric VSS motor, 400 HP, 885 RPM, 4160 V / 3PH Raw Water Motor 4 General Electric VSS motor, 400 HP, 885 RPM, 4160 V / 3PH Raw Water Pumps Raw Water Pump 3 Byron Jackson 36RXM-1 Stage Vertical Turbine / Raw Water Pump 4 Byron Jackson 36RXM-1 Stage Vertical Turbine / C. Raw Water Building Two: Motors Raw Water Motor 7 Westinghouse Vertical Solid Shaft Motor, 800 HP, 592 RPM, 4160 V/3 PH Raw Water Motor 8 Westinghouse Vertical Solid Shaft Motor, 800 HP, 592 RPM, 4160 V/3 PH RFB Template 10.10.16 Raw Water Motor 9 Westinghouse Vertical Solid Shaft Motor, 800 HP, 592 RPM, 4160 V/3 PH Raw Water Motor 10 Teco Vertical Solid Shaft Motor, 800 HP, 590 RPM, 4160 V/3 PH Raw Water Pumps Raw Water Pump 7 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM © 115 FT TDH Raw Water Pump 8 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH Raw Water Pump 9 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH Raw Water Pump 10 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH D. High Service Building One (Plant / Treated Water): Motors High Service 1 Motor 1 General Electric VSS Motor, 700 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 2 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 3 General Electric VSS Motor, 700 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 4 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 5 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 6 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 7 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH Pumps High Service 1 Pump 1 BJ 32 RXL-2 Stage Vertical Turbine Pump, Rated Condition: 11,000 GPM © 230 FT TDH High Service 1 Pump 2 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH RFB Template 10.10.16 High Service 1 Pump 3 BJ 32 RXL-2 Stage Vertical Turbine Pump, Rated Condition: 11,000 GPM @ 230 FT TDH High Service 1 Pump 4 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 5 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 6 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 7 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 190 FT TDH E. High Service Building Two (Plant / Treated Water): Motors High Service 2 Motor 8 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH High Service 2 Motor 9 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH High Service 2 Motor 10 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH High Service 2 Motor 11 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH Pumps High Service 2 Pump 8 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 9 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 10 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 11 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH F. Low Lift Pumps (Raw Water / Pre -Sed Basin): RFB Template 10.10.16 Motors Low Lift Motor 1 US VHS Motor, 125 HP, 885 RPM, 460 V/3 PH Low Lift Motor 2 US VHS Motor, 125 HP, 885 RPM, 460 V/3 PH Low Lift Motor 3 US VHS Motor, 125 HP, 885 RPM, 460 V/3 PH Pumps Low Lift Pump 1 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM © 21.9 FT TDH Low Lift Pump 2 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM @ 21.9 FT TDH Low Lift Pump 3 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM © 21.9 FT TDH G. Wash Water Pumps (Plant / Treated Water- Filter Backwash): Motors Wash Water Motor 3 GE VSS Motor, 200 HP, 1 190 RPM, 4160 V/3 PH Wash Water Motor 5 GE VSS Motor, 200 HP, 1 190 RPM, 4160 V/3 PH Wash Water Motor 7 GE VSS Motor, 200 HP, 1 190 RPM, 4160 V/3 PH Pumps Wash Water Pump 3 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM C 71 FT TDH Wash Water Pump 5 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM @ 71 FT TDH Wash Water Pump 7 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM @ 71 FT TDH H. Wash Water Return Pit Submersible Pumps (Recycle Water from Backwash): Flygt Submersible 341 185 HP, RPM 1780, Rated Condition: 3440 GPM Flygt Submersible 330 110 HP, RPM 1185, Rated Condition: 2740 GPM RFB Template 10.10.16 Flygt Submersible 340 110 HP, RPM 1185, Rated Condition: 2740 GPM I. Recycle Pond Submersible Pumps (Recycle Lagoon to Pre -Sed Basin): Flygt Submersible 525 HP, 1 165 RPM, 57 TDH, Rated Condition: 1500 GPM Flygt Submersible 525 HP, 1 165 RPM, 57 TDH, Rated Condition: 1500 GPM Flygt Submersible 525 HP, 1 165 RPM, 57 TDH, Rated Condition: 1500 GPM Booster Pump Station Complexes (Outside of ONS - Throughout City) A. Staples Booster Pump Station (Treated Water): Motors Motor 1 Marathon Horizontal Induction Motor, 200 HP, 1785 RPM, 460 V/3 PH Motor 2 Marathon Horizontal Induction Motor, 200 HP, 1785 RPM, 460 V/3 PH Pumps Pump 1 Fairbanks Morse 2823A Horizontal Split Case Pump, Rated Condition: 3475 GPM @ 155 FT TDH Pump 2 Fairbanks Morse 2823A Horizontal Split Case Pump, Rated Condition: 3475 GPM @ 155 FT TDH B. Navigation Booster Pump Station (Treated Water): Motors Motor 1 US Motor Horizontal Induction Motor, 350 HP, 890 RPM, 460 V/3PH Motor 2 US Motor Horizontal Induction Motor, 350 HP, 890 RPM, 460 V/3PH Motor 3 US Motor Horizontal Induction Motor, 350 HP, 890 RPM, 460 V/3PH Pumps Pump 1 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM @ 140 TDH RFB Template 10.10.16 Pump 2 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM © 140 TDH Pump 3 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM © 140 TDH C. Sand Dollar Booster Pump Station (Treated Water): Motors Motor 1 Marathon Horizontal Induction Motor, 300 HP, 1785 RPM, 460 V/3PH Motor 2 Marathon Horizontal Induction Motor, 300 HP, 1785 RPM, 460 V/3PH Motor 3 Teco-Westinghouse, 300HP, 1765 RPM, 460 V/3PH Pumps Pump 1 Flowserve Case Pump 10LR-17B Horizontal Split Pump 2 Flowserve Case Pump 10LR-17B Horizontal Split Pump 3 Flowserve Case Pump 10LR-17B Horizontal Split D. Holly Booster Pump Station (Treated Water): Motors Large Induction Horizontal #2 Motor / 250 HP, 1 180 RPM Large Induction Horizontal #3 Motor / 300 HP, 1 180 RPM Pumps Allis Chalmers, HSC, #2 5000 GPM, TDH 140 Allis Chalmers, HSC, #3 7000 GPM, TDH 140 1.4 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. B. Contractor shall quality inspect Pump and Motor Repairs, Re -Manufacturing Services, and Post Repair Field Testing prior to return to the City. RFB Template 10.10.16 C. Quality Assurance package will be required with each repair. Documentation for Quality Control (QC). A tear -down and inspection report (TIR), support with dimensions, clearances, alignments, fits, OEM tolerances and photographs shall accompany each estimate. D. Upon completion of each repair, the Contractor shall submit a final Repair Report/QC documents. This can be an electronic copy in Adobe PDF format or Contractor maintains a database of repair reports on Adobe PDF format, accessible to The Contract Administrator over the Internet. E. Contractor shall provide this QC report no later than thirty (30) calendar days after completion of each repair. The final repair report shall, at a minimum document the work performed including, but not limited to the following: 1. As -received running and test reports 2. As -received TIR, including possible root causes of failure if they can be established. 3. Dimensional as -received checks 4. Description of all work performed 5. Description of parts installed 6. Description of modified, redesigned or repaired parts. 7. Babbit bearing test reports 8. Results of any testing performed 9. Pump performance curves, when available 10. Final balance report 11. Shop and fabricate drawings 12. Digital photographs of relevant as -found conditions, after cleaning and during final assembly 13. SDS as required 14. Material Certifications F. Contractor shall submit a monthly status report, no later than 10 calendar days after the last day of each month in Adobe PDF format or maintain a database of status report in Adobe PDF format, accessible to The Contract Administrator over the Internet. 1. This report shall be in tabular/log format using MS Project, MS Excel or MS Word, listing all active and completed work, and shall contain the following information for each repair: • Date Contractor was notified of repair. RFB Template 10.10.16 • Date the component was picked up atjobsite, and received at the Contractor's facility. • Date the repair recommendation and estimate was provided to The Contract Administrator. • Date the Contractor received The Contract Administrator response, indicting Contract Administrator's acceptance or decline for repairs. • Date PO number was received, authoring execution of work • Repair estimate amount. • Projected and actual repair completion and delivery dates • Invoiced amount. • Date of invoice. • Date payment was received for completed work. • If the existing pump nameplate is illegible, a new nameplate shall be supplied. Nameplates shall be made of corrosion resistant metal and have stamped or engraved lettering. 1.5 Special Instructions A. Contractors invoice for payment for work performed must follow the instructions provided by the City. The following instructions are minimal requirements and can be changed based on the City's accounting needs. Contractor's standard invoicing format may be used if it meets all the City's requirements. The invoice must contain the follow information: 1. Release Order number 2. Pump/Motor station name, model and serial numbers 3. Invoice number 4. Invoice date 5. Description of service 6. Bill of materials 7. Invoice total 8. Contractor's name and address 9. Contractor's contact with phone number and email address 10. Contractor will be required to attach copies of all invoices for parts and materials (to include % of mark-up) to each repair invoice. 11. Other items required for invoicing for payment for the contract: • Date of Order, Completion Date, Billing Date. • Name(s) of the Contract Administrator representative ordering repair. • Location of service (Shop or where in the field) RFB Template 10.10.16 • Equipment worked on and Serial Number (S/N) • Position, hourly rate (as per the bid), and total hours used. This should be broken down by Open and Inspect, repairs, install or disassembly charges, • Any shipping costs • Total cost 12. Note that payment may be withheld by the Contract Administrator or until all of the above information is received and verified. B. Pricing shall include: costs to pick up, repair, and deliver or equipment back to The Contract Administrator. Service calls during the warranty period shall also be at no charge, unless the problem does not pertain to defect in workmanship and/or materials. RFB Template 10.10.16 Date: May 9, 2017 Attachment B -Bid Pricing/Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1048, Pump and Motor Repair for Utilities Water Department Bidder: Smith Pump Company, Ehc. Authorized 612. Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Unit Qty. Total Price Parts/ Materials Estimated Parts Markup 1 Parts / Materials Markup * EA $87,000.00 % an $ 1O}i4QO 2 Shipping Allowance for parts/materials EA $50,000.00 $50,000.00 Labor Unit Price Total Price $ £3)4400..° 3 Shop Mechanic (ST) HRS 690 $ '7(D.° 4 Shop Mechanic (OT) HRS HRS 80 480 $ 114',°13 $ 80. $ l9 p� $ ►(1 $ %Jai) $ 2p $ cya.of ° $ 3g 4c $ � � J 45— $ 1 2..51+a0" V0S $ _f ,°° $5(5, °° �II������{{�1!16i81a. J °� I7 16al 5 Field Service (ST) 6 Field Service (OT) HRS 100 7 Engineer, Shop (ST) HRS 280 8 Engineer, Shop (OT) HRS HRS HRS 10 60 10 9 Engineer, Field (ST) 10 Engineer, Field (OT) Total *Total Price will be $87,000.00 plus markup. Attachment C -Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 RFB Template 10.10.16 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. 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 RFB Template 10.10.16 • 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 Utilities Pump and Motor Repair 01/04/17 cg Risk Management RFB Template 10.10.16 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements Warranty: Smith Pump Company ("SPCO") warrants new equipment or parts to be free from defects in materials and workmanship for a period of eighteen (18) months from the date of shipment or twelve (12) months from the date of startup or initial use, whichever comes first. SPCO SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR LIQUIDATED DAMAGES. NO EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. Repairs performed by SPCO are warranted against defects in workmanship and/or materials for a period of twelve (12) months from the date of shipment. SPCO will not be responsible for any removal or reinstallation charges or transportation charges in cases where equipment has failed under these warranty conditions. SPCO's sole obligation and the City's sole remedy under this warranty is repair or replacement at SPCO's election. The City agrees to provide SPCO reasonable and clear access to any equipment covered by this warranty which may include removal or materials or structures as well as supplying any equipment, materials or structures which are necessary to provide reasonable access to the equipment being repaired or replaced. Costs to remove and/or reinstall equipment for warranty purposes shall be the responsibility of the City. Replacement parts or repairs furnished under this warranty shall be subject to warranty provisions herein for the remaining warranty period. All equipment repaired or replaced will be re -warranted only for the remainder of the original warranty period. SPCO does not warrant new equipment supplied or any repair/replacement part against the effects of erosion, corrosion, or normal wear and tear due to operation or the environment. The warranty and remedies set forth herein are conditioned upon proper storage, installation, use and maintenance of the equipment covered by this quotation in all material respects, and in accordance with SPCO's written recommendations. The City must notify SPCO in writing of any warranty claim during the warranty period or within thirty (30) days thereafter. SPCO will not be liable under this warranty if warranted goods have been exposed or subjected to any (1) maintenance, repair, installation, handling, packaging, transportation, storage, operation, or use which is improper or otherwise not in compliance with SPCO's instructions, (2) alteration, modification or repair by anyone other than SPCO or those specifically authorized by SPCO, (3) accident, contamination, foreign object damage, abuse, neglect, or negligence after shipment to the City, (4) damage caused by failure of an SPCO supplied product not under warranty or by any hardware or software not supplied by SPCO, (5) use of counterfeit or replacement parts that are not manufactured by the manufacturer of goods provided by SPCO or approved by SPCO for use in goods provided by SPCO, or (6) goods which are normally consumed in operation or which have normal life inherently shorter than the warranty period including, but not limited to, consumables (e.g. lamps, batteries, storage capacitors). AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology Bmercado@cctexas.com (361) 826-3740 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Lease of Computers and other computer peripherals; and Purchase of Servers and Monitors for Information Technology Services CAPTION: Motion authorizing the City Manager, or designee, to execute lease -purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease -purchase term of 48 -months, 420 laptop computers for a lease -purchase term of 36 -months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 monitors for an amount $92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 will be requested in future budget years. PURPOSE: This lease contract will provide for the lease of computers, servers and other computer peripherals and related products to be ordered by various departments throughout term of the agreement. BACKGROUND AND FINDINGS: The decision to lease the laptops for a 36 -month term is based upon the expected life and maintenance costs associated with a laptop computer. The laptops are moved from location to location, may be exposed to extreme temperatures and are susceptible to damage. These conditions tend to lower the expected life of a laptop unit and increase the maintenance cost. Desktop computers and servers are normally located in a stable environment that provide for longer term performance. ALTERNATIVES: Purchase fewer computers; and not have the availability to refresh every 36/48 months. OTHER CONSIDERATIONS: The lease is a continuation of the City's program to lease computers in lieu of purchasing them outright. The program's objectives are targeted at: 1) providing users with the latest technology once every three years for laptops and four years for desktops 2) spreading the cost associated with acquiring computer equipment over the lease period and 3) decreasing the cost associated with maintaining computer equipment by including a warranty for the duration of the lease period. 4) lease is a buyout at the end of lease and the equipment will be recycled for possible revenue. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and the Texas State procurement laws. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Various departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,045,453.40 $1,283,562.00 $2,329,015.40 Encumbered / Expended Amount $473,324.91 0.00 $473,324.91 This item 0.00 $1,283,562.00 $1,283,562.00 BALANCE $572,128.49 0.00 $572,128.49 Fund(s): Funds are budgeted in the 530180 expense account (non -capital lease payments) of the various operational budgets of the requesting departments. Comments: The City will order computers as needed and is not compelled to order a minimum number of computers in any given year. If at the end of the term of the lease - purchase agreements, and all 575 desktop computers, 420 laptop computers and peripherals are ordered, the City will obligate to the $1,213,790 of the award. Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Pricing Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ PRICE SHEET LEASE OF COMPUTERS AND OTHER COMPUTER PERIPHERALS AND PURCHASE OF SERVERS ITEM DESCRIPTION Lease Item Hewlett-Packard Company Palo Alto, CA QTY. UNIT QTY. UNIT UNIT PRICE EXTENDED PRICE TOTAL COST W/INTEREST 1. GIS/Engineering i7 Windows 10 64-bit OS 16 G / 256 GB SSD 22" Monitor 48 Months 50 Each $954.00 $47,700.00 $ 51,317.56 2. Super User Optional i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 48 Months 175 Each $846.00 $148,050.00 $ 159,278.12 3. Power User i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 48 Months 350 Each $720.00 $252,000.00 $ 271,111.68 4. Tablets/Surface Pros i7 Windows 10 64-bit OS 8 GB / 512 GB SSD 22" Monitor 36 Months 40 Each $2,325.00 $93,000.00 $ 97,951.32 5. Notebook i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 36 Months 290 Each $943.00 $273,470.00 $ 288,029.54 6. Rugged i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 36 Months 90 Each $3,407.72 $306,694.80 $ 323,023.78 Lease -Purchase Total $1,120,914.80 Total w/interest UNIT EXTENDED PRICE PRICE 7. Monitor 300 Each $143.00 $42,900.00 8. Purchase of Servers 10 Each $4,995.00 $49,950.00 Purchase Total $92,850.00 $1,190,712 00 Grand Total Lease -Purchase and Purchase $1,283,562.00 Interest per unit I Annual Int Rate $ 72.35 1.9% $ 64.16 1.9% $ 54.60 1.9% $ 123.78 1.8 $ 50.21 1.8 $ 181.43 1.8 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 8, 2017 Legistar Number: 17-0560 Agenda Item: Motion authorizing the City Manager, or designee, to execute lease -purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease -purchase term of 48 -months, 420 laptop computers for a lease -purchase term of 36 -months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 monitors for an amount $92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 will be requested during each of the following budget years. Amount Required: $0.00 Fund Name Accounting Unit Account No. Activity No. Amount $0.00 Total $0.00 _X_ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM City Council Meeting of July 25, 2017 DATE: TO: July 17, 2017 Margie C. Rose, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 "Public -Private Partnerships" (P3s) and Wastewater Treatment STAFF PRESENTER(S): Name Title/Position Department 1. Jeffrey Edmonds, P.E. Director Engineering Services 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: This is an overview of "Public -Private Partnerships" (P3s) and is a follow-up presentation to the Resolution approved by Council on June 13, 2017 regarding the City of Corpus Christi Wastewater Management Plan Final Report. THE FUTURE OF WASTEWATER TREATMENT IN CORPUS CHRISTI Council Briefing July 25, 2017 WORKSHOP PURPOSE ➢ Review background on wastewater treatment situation. ➢ Provide some basic facts about P3 > Get consensus on next steps > Answer some questions WORKSHOP OUTLINE ➢ Progress to Date ➢ Council Resolution ➢ 3P's of P3's (Principles, Process & Procurement) ➢ Next Steps ➢ Q&A PROGRESS TO DATE > Late 2013 - Staff conceived of WWTP consolidation as a means to address high operating costs, capacity needs and physical obsolescence. > Jan 2014 - Staff briefed council on the concept of transitioning to a single regional WWTP. > May 2015 - Council authorized staff to hire consultant for Wastewater Treatment Program Development. > June 2015 - RFQ published for WWTP Upgrade And Consolidation Program Development. > Nov 2015 - Council awards contract to Stantec team. > Nov 2016 - Final Wastewater Management Plan delivered. COUNCIL UPDATE May 19, 2015 Wastewater Treatment Plant (WWTP) Consolidation Council Update May 19, 2015 1 5 COUNCIL UPDATE May 19, 2015 Program Development Program Manager Path Forward • Alternatives Evaluations, Detailed Plan, Activity Sequence, Budget Development, Risk Mitigation • One Firm or Small Team • Deliverable: Optimal Plan of Actions and Programmatic Budget • $ COUNCIL DECISION ON WASTEWATER TREATMENT PROGRAM DIRECTION Implement Program • Establish Program Management Office • Procure Designers and Contractors • Simultaneously Manage Many Designers, Contractors and Stakeholders • Deliverable:SuccessfullyManaged Program • $$ • Sustain Existing WWTP's • Build new WWTP, Pipelines, Pump Stations, WWTP Decommissioning • Deliverable: SuccessfullyCompleted Projects • $$$$$ COUNCIL UPDATE May 19, 2015 Pror:.�n Development Path Forward • Alternatives Evaluations, Detailed Plan, Activity Sequence, Budget Development, Risk Mitigation • Deliverable: Optimal Plan of Actions and Programmatic Budget Program Manager Implement Program COUNCIL DECISION ON WASTEWATER TREATMENT PROGRAM DIRECTION • Establish Program Management Office • Procure Designers and Contractors • Simultaneously Manage Many Designers, Contractors and Stakeholders • Deliverable:SuccessfullyManaged Program • $$ • Sustain Existing WWTP's • Build new WWTP, Pipelines, Pump Stations, WWTP Decommissioning • Deliverable: SuccessfullyCompleted Projects • $$$$$ STANTEC REPORT ➢ Engaged with the citizens and other stakeholders to hear issues and concerns. ➢ Developed a set of criteria for alternative evaluation. ➢ Constructed cash flow models for 10 alternative scenarios. ➢ Confirmed the potential benefits of consolidating flows from the six existing wastewater treatment facilities into a lesser number of newer, larger treatment plants. ➢ Concluded that single plant scenario was not economically feasible. ➢ Determined the optimal WWTP configuration (Option 4D). CURRENT STATUS Path Forward Program Development 41 Program Manager • Alternatives Evaluations, Detailed Plan, Activity Sequence, Budget Development, Risk Mitigation • One Firm or Small Team • Deliverable: Optimal Plan of Actions and Programmatic Budget .$ COUNCIL DECISION ON WASTEWATER TREATMENT PROGRAM DIRECTION • Establish Program Management -once • Procure Designers and Contractors • Simultaneously Manage Many Designers, Contractors and Stakeholders • Deliverable:SuccessfullyManaged Program • $$ Implement Program • Sustain Existing WWTP's • Build new WWTP, Pipelines, Pump Stations, WWTP Decommissioning • Deliverable: SuccessfullyCompleted Projects • $$$$$ RESOLUTION June 13, 2017 Council Amended Resolution: ➢ "Section 2. That the City Council adopts the Final Report's Option 1 (the "base case option") with modifications as directed by the City Council on May 23, 2017, with Option 1 modified to eliminate construction of new 10 MGD facility at Greenwood WWTP and provide for more extensive Greenwood WWTP repairs (over 20 years) with flood proofing and odor control, and with the following key infrastructure components: ✓ "(8) Staff is directed to pursue future improvements to be delivered through the most cost effective financing and delivery plan to minimize the overall impact to ratepayers while meeting the needs of the City, including, but not limited to, a public private partnership (P3) approach." (emphasis added) 3P's for P3's PRINCIPLES, PROCESS & PROCUREMENT for "PUBLIC-PRIVATE PARTNERSHIPS" P3 PRINCIPLES WHAT IS A "PUBLIC-PRIVATE PARTNERSHIP"? > "A P3 is a project in which there is cooperation between the public and private sectors in one or more areas of the design, development, construction, operation, ownership or financing of infrastructure assets, or in the provision of services." "Issue Brief Privatization vs. Public -Private Partnerships: A Comparative Analysis" California Debt & Investment Advisory Commission TYPES OF P3 CONTRACTS ➢ Types of "Public -Private Partnerships" include: APPLICATION AVERAGE CONTRACT T RM Operation and Maintenance (O&M) Design -Build -Operate (DBO) or Design Build Operate Maintain (DBOM) New or Existing Systems New or Existing Systems Design -Build -Finance -Operate (DBFO) or Design -Build -Finance -Operate -Maintain (DBFOM) New Systems Concession/Lease Existing Systems Build -Operate -Transfer (BOT) New Systems 1-5 years 15-25 years 20 years 10-20 years 25 years P3 PRINCIPLES ➢ WHAT ARE SOME POTENTIAL BENEFITS? ✓ Better efficiency ✓ Improved innovation ✓ Lower costs ✓ Higher quality services ✓ Access to private capital ✓ Faster Implementation P3 PRINCIPLES ➢ WHAT ARE SOME POTENTIAL RISKS? ✓ Loss of public control ✓ Creates a private monopoly ✓ Faulty risk transfer ✓ Cost escalation, change orders and renegotiation ✓ Higher cost of capital ✓ Asset depreciation ✓ Compliance costs ✓ Difficult to reverse course on privatization P3 PRINCIPLES P3 CHARACTERISTICS: ✓ Contracts bundling services — Planning, financing, design, construction, operations and maintenance ✓ Replaces management by Governing Board with management by contract ✓ Detailed contract and contract oversight is required to ensure P3 contractor acts in the public interest ✓ Items not covered in contract may result in change orders and/or renegotiation P3 PROCESS CRITICAL SUCCESS FACTORS: ✓ Project technical feasibility ✓ Careful planning and research ✓ Clear responsibility definition ✓ Align incentives with the public interest ✓ Appropriate risk allocation and risk sharing ✓ Competitive & transparent procurement process ✓ Good governance ✓ Process to measure results ✓ Accountability for performance P3 PROCESS ➢ PROCESS DESCRIPTION: ✓ Complex transaction that requires more preparation, planning and oversight than traditional procurements ✓ Requires outside help and skill sets not available in-house to develop scope and contract ✓ Requires a multi -disciplinary team ✓ Many decisions must be made in advance of the procurement ✓ Requires multiple workshops and meetings ✓ Procurement can take a year or more P3 PROCUREMENT PROCUREMENT STEPS: 1. Obtain Experienced Program Manager 120 days 2. Determine Scope To Be Procured 90 days 3. Develop Request For Proposal (RFP) 90 days 4. Advertise & Evaluate Proposals 120 days 5. Negotiate Contract 60 days 6. Transition Process 120 days 7. City's Contract Management Process Ongoing Note: Some steps will overlap. Implementation can take 12-18 months. P3 PROCUREMENT Step 1 120 Days 1. OBTAIN EXPERIENCED PROGRAM MANAGER: a. Owner's (City's) Representative b. Must be experienced with P3's c. Facilitates processes and decisions for a P3 procurement d. Provides technical expertise and relevant experience not available in-house P3 PROCUREMENT Step 2 90 Days 2. DETERMINE SCOPE TO BE PROCURED: a. What activities will be outsourced? b. Will internal teams be allowed to compete? c. What activities will be retained? d. What supporting procurements are required to support P3? e. What monitoring activities will be created by outsourcing? f. What will basic contract framework be? P3 PROCUREMENT Step 3 90 Days 3. DEVELOP REQUEST FOR PROPOSAL: a. Data Requirements Determination b. Compilation & Sharing c. Sequence & Timeline d. Submittal Requirements e. Evaluation Criteria & Process f. Publication P3 PROCUREMENT Step 4 120 Days 4. ADVERTISE & EVALUATE PROPOSALS: a. Determine Committee Composition b. Engage/Schedule Members c. Shortlist Proponents d. Interviews e. Economic Proposal Evaluation P3 PROCUREMENT Step 5 5. NEGOTIATE CONTRACT: a. Determine Contracting Timeline b. Develop Performance Criteria c. Bonding & Insurance Requirements d. Basis of Payment and Adjustment Schedule e. Risk Allocation f. Terms & Conditions g. Cost Escalation h. Contractual Responsibilities & Remedies i. Transition Plan 60 Days P3 PROCUREMENT Step 6 Begins once contractor acquired 6. TRANSITION PROCESS: a. Staging of Responsibility Turnover b. Ramp Down Plan for Transitioned Activities c. Ramp Up Plan for Monitoring Activities P3 PROCUREMENT Step 7 Ongoing after initiation 7. CITY'S CONTRACT MANAGEMENT PROCESS: a. Determine Monitoring and Reporting Plan b. Allocate Resources c. Conduct Monitoring Activities d. Process Pay Requisitions e. Address Issues and Deficiencies P3 PROCUREMENT PROCUREMENT STEPS: Duration 1. Obtain Experienced Program Manager 120 days 2. Determine Scope To Be Procured 90 days 3. Develop Request For Proposal (RFP) 90 days 4. Advertise & Evaluate Proposals 120 days 5. Negotiate Contract 60 days 6. Transition Process 120 days 7. City's Contract Management Process Ongoing Note: Some steps will overlap. Implementation can take 12-18 months. KEY POINTS ➢ P3's are high risk, complex transactions. ➢ Good contracts are essential to good outcomes. ➢ Requirements not identified in the contract can result in change orders and/or renegotiation. ➢ Relevant expertise and the dedicated staff time for a successful P3 procurement are not available in-house. ➢ Not dedicating sufficient time and resources can increase the risk of an unsuccessful P3 procurement. NEXT STEPS ➢ Obtain a "Program Manager" ✓ Owner's Engineer/Representative ✓ Required regardless of procurement strategy o Helps guide Staff and City Council through decisions o Develops documents for procurement o Help structure contract and performance requirements o Assist with proposal evaluation o Helps expedite the procurement process ➢ Council can refine their direction on path forward while Program Manager procurement is underway. QUESTIONS AGENDA MEMORANDUM City Council Meeting of July 25, 2017 DATE: TO: FROM: June 9, 2016 Margie C. Rose, City Manager Mike Markle, Police Chief M ikeMa@cctexas.com (361) 826-2601 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Homelessness and Litter in our Community STAFF PRESENTER(S): Name 1. Mike Markle 2. Lawrence Mikolajczyk 3. Jay Ellington OUTSIDE PRESENTER(S): Name 1. 2. Title/Position Chief Director Director Title/Position BACKGROUND: City Council request for update LIST OF SUPPORTING DOCUMENTS: PowerPoint — (Homeless -Litter Presentation 7-25-17) Department Police Department Solid Waste Parks & Recreation Organization Homelessness in Our Community Chief of Police Mike Markle Council Presentation July 25, 2017 Homelessness in the United States is an issue many cities are facing. As this problem grows, it is clear that this is not just a police issue, but rather, it is a community issue. Cities around the nation have found that they cannot arrest their way out of these challenges and are continuing to try different ideas to address the homeless issues in their communities. Who are the Homeless Veterans People with substance abuse issues People with mental health issues Families 2 Police Initiatives designed to Reduce Crime, Reduce Panhandling and Enhance the Quality of Life in our Community Enforcement Community Collaboration Education rime Reduction Unit ie Crime Reduction Unit was started in January of 2016 with the mission of addressing riminal issues surrounding the homeless in the uptown/ downtown areas. ie Unit is comprised of 10 Police Officers and 1 Lieutenant Bike Officers Enduro Officers Golf UTV Officers hese officers focus on quality life issues, while addressing criminal activity committed y the homeless and those who prey upon them. D16 ails for service: 4463 rrests: 1718 2017 Calls for service: 3303 YTD Arrests: 964 Enforcement City Ordinance Prohibiting Panhandling in Certain Areas January of 2016, the city council approved an ordinance designed to tackle the issue of panhandling in the Downtown, Uptown and North Beach Area addition, it imposed restrictions in other areas of the city. 1-43 Solicitation prohibited ) A person commits an offense if they solicit funds or receive funds in relation to a solicitation on a public roadway or sidewalk located within any of the flowing: ) Central Business District; or ) North Beach; ) A person commits an offense if they solicit funds on private property. ) It is an affirmative defense to prosecution under this subsection if the solicitation of funds was being conducted on property with permission of the vner, manager, or other person in control of the property. ) A person commits an offense if they solicit funds within 25 feet of: ) an automated teller machine; ) an entrance or exit of a bank, credit union, or other similar financial institution; ) a public transportation stop; or ) an outdoor dining area of a fixed food establishment. ) It is a defense to prosecution under this section that the person solicited or received funds for a non-commercial purpose while exercising First nendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly • Adam District • Delta District • Charlie District • Bravo District Enforcement opus Nroo Each District is responding to homeless issues on a daily basis • Issuance of Criminal Trespass signs to property owners who are experiencing trespass issues • Policing of the districts for violations of the law • Addressing camping issues under the overpasses on the districts Enforcement Narcotics Vice Investigations Division • Undercover Operations targeting Synthetic Cannabinoid dealers around the homeless. • Prostitution stings which often result in the arrest of homeless prostitutes. • Red Cord Program • 837 arrest in 2016 for Synthetic Cannabinoid • 191 arrest in 2017 for Synthetic Cannabinoid copPUI Ids Nr 4 i J Community Collaboration Homeless Initiatives Partnership (HIP) Pathways Homeless Meter Program Locations 1. Howard's BBQ 2. Executive Surf Club 3. Boots and Britches. 4. La Palmera Mall (Food Court), 5488 SPID, 5. Catfish Charlies, 5830 McArdle. 6. Packard Tire, 9930 SPID 7. Brewster Street Ice House, 1724 N. Tancahua, 8. Rockits Whiskey Bar, 709 N. Chaparral Advisory Council on Homelessness, Mental Illness and Substance Abuse Coastal Bend Recovery Oriented Systems of Care Coastal Bend Community Response Coalition Education opPUS Do not support panhandling give to local charities signs Public service Announcements Community meetings to address issues presented when you support panhandling Crisis Intervention Training (CIT) Training for Officers Challenges for Police Jail overcrowding issues Limited space in mental health facilities Person must want to be helped Moving Forward opPUS Ids Nr We cannot arrest our way out of this situation Law Enforcement is only part of a comprehensive plan needed to address homelessness and the challenges it creates in our community. Community collaboration is the only way we will effectively find lone term solutions to helping those in need. Police will continue to enforce criminal issues involving the homeless. Police will continue to work with other city departments, along with community stakeholders to bring positive change to this issue. OPERATIO Solid Waste Operations Litter Clean -Up Efforts Council Briefing July 25, 2017 Solid Waste Operations OPERATIONS Solid Waste Operations provides waste removal and management for the residents of Corpus Christi. To assist with the cleaniness of the City, Solid Waste Operations provides: • Curbside brush and bulky collections • Litter Critter program and support services • Street sweeping services • Residential and school education programs • Code compliance Brush & Bulky Services OPERATIONS Solid Waste Operations provides 4 brush and 2 bulky collections a year. Residents may also take their items to the JC Elliott Collection Center free, if they receive city services. Number of customer accounts: 88,000 One Brush & Bulky Cycle (March 20 —July 11, 2017) • 10,172 tons or 231 lbs per account collected • 4,184 tons or 95 lbs per account delivered by residents One Brush & Bulky Cycle (Sept 12 — Dec. 10, 2016) • 6,182 tons or 141 lbs per account collected • 2,143 tons or 49 lbs per account delivered by residents Litter Critter Services OPERATIONS The Litter Critter program provides residents an additional opportunities to dispose of brush and bulky debris without hauling it to the JC Elliott Collection Center. • Residents may request a litter critter for their use • Litter Critter Program at Padre Island • Litter Critter Program at Flour Bluff Future plans includes an expansion of the Litter Critter program for neighborhood clean-ups. Event Services OPERATIONS Solid Waste Operations provides dumpsters or extra collections for clean-ups and events around the city. • Police Department homeless clean-ups: 10 a year • Downtown Management District —Two dumpsters provided and collection assistance • Assistance to Parks & Recreation events, Homeowner Association events, large local events and clean-ups: 14 Future plans include utilizing a pop-up trailer with supplies for cleaning assistance for groups and schools to use during their clean-ups. Street Sweeping OPERATIONS • Solid Waste Operations manages the street sweeping program and has started a pilot program that targets stormwater drainage areas. Miles of curbs swept: 2015 - 5,484 2016 — 5,853 • TxDot manages mowing and collection of visual litter on Crosstown, IH 37, SPID and NPID. They utilize contractors and a street sweeping crew to pick-up the debris. Future plans include enlarging the SWO street sweeping program to other parts of the city and a yearly citywide sweeping program. Resident Education OPERATIONS In 2014-2015, Solid Waste Operations ran an extensive anti -litter campaign for nine months which consisted of two phases "The Wrath" and "Leave It Better Than you Found It" • Campaign included a mobile application that encouraged residents to collect trash and take an online pledge to "Leave it Better." Number of Pledges Taken: 2,209 Committed Business Partners: 38 Future plans are currently in development for a 5 -year plan that will focus projects toward additional anti -litter initiatives. School Education OPERATIONS For recycling and anti -litter education, Solid Waste Operations contracts with Communities In Schools (CIS), a community resource program that employs a school-based coordinator at each school. With CIS, middle school students are immersed in recycling and anti -litter education by participating in week long events. CIS provides a consistent avenue for student education, that remains unaffected by the ever-changing personnel within the school systems. • Number of Communities In Schools locations: 19 • Number of Students participating: 13,527 School Education OPERATIONS Solid Waste Operations partners with the Coastal Bend Council of Governments and Curby, the Recycling Robot to conduct school presentations to include anti -litter messaging and consequences of litter. Number of school presentations: 19 Number of students reached: 5,865 Picky Pete, is another anti -litter campaign Solid Waste utilizes in Elementary Schools to teach students "Why Pass it Up, Pick it Up". • Number of Elementary Schools with the Picky Pete Program: 43 • Number of students reached: 21,735 (includes CCISD, Callallen ISD, London ISD, West Oso ISD & Tuloso-Midway ISD) Code Compliance OPERATIONS Two officers manage compliance of debris on the right -a -ways, illegal set -outs and illegal dumping. Three officers manage the gate at the JC Elliott Collection Center. Drivers assess fees for the collection of unauthorized set -outs. • Number of set -out violations issued: 1,400 Fees range from $75 for an unauthorized set -out to $200 for an illegal set -out. Additional Efforts OPERATIONS Solid Waste coordinates the Adopt -A -Beach clean-up effort at Cole Park and assists with the waste disposal for the other three locations. 2017 1,114 volunteers 19,746 lbs Solid Waste purchases the yellow onion bags for beach clean-ups which are maintained by the Parks & Recreation department. • 150,000 bags purchased since February 2015 • 8,000 bags utilized during Spring Break 2017 Additional Efforts OPERATIONS Solid Waste works with schools to offer volunteer opportunities and clean-up events. • Number of clean-ups with school volunteers: 16 The Utility Department, has started an Illegal Dumping Action Board with other city departments. The department also conducts neighborhood sweeps to educate residents about proper disposal of trash and has adopted three parks in an attempt to combat floatables. Future Projects OPERATIONS • Expand the Litter Critter program for neighborhood clean-ups to allow residents to organize clean-ups in their areas. • Create a "Pop -Up Clean -Up" trailer that will house supplies for groups and schools to use during their clean-up events. • Expand the Solid Waste street sweeping program to other parts of the city to further combat floatable litter. • Develop a 5 -year plan that will focus on anti -litter initiatives. Parks and Recreation • Work Release / Community Service Pilot Program • Homeless / Indigent Labor — Proposed Future Project CORPUS CHRISTI PARKS& RECREATION Questions?